IT'S ON! Judge refuses to dismiss case against gov't re: dometic spying!

[ourbluenation]

A federal judge refused to dismiss a lawsuit challenging the Bush administration's domestic spying program, rejecting government claims that allowing the case to go forward could expose state secrets and jeopardize the war on terror.

U.S. District Judge Vaughn Walker on Thursday said the warrantless eavesdropping has been so widely reported that there appears to be no danger of spilling secrets.

"...And in declining to dismiss AT&T Inc. from the lawsuit, filed by the Electronic Frontier Foundation privacy group, Walker suggested the case had some merit. "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal," he wrote.

A Justice Department spokesman said the administration was reviewing the ruling before making its next step.

The lawsuit challenges President George W. Bush's assertion that he can use his wartime powers to eavesdrop on Americans without a warrant. It accuses AT&T of illegally making communications on its networks available to the National Security Agency without warrants."

http://articles.news.aol.com/news/_a/judge-rules-against-government-in/20060720151009990009?cid=2194

[Atman]

1. Holy schnikees! The river of disgust must be reaching flood stage!

Better put on the waders, repubbies. Better yet...strap yourselves to a couple of cinder blocks.

[ourbluenation]

2. and we have AG Gonzales statement, under oath, re: war powers

the other day! It's all too much I must confess....before my morning coffee, but good news, no?

[rucky]

3. The first of many hurdles to come.

but as long as it stays in the news...

[ourbluenation]

4. Here it is...on the fucking record, under oath!

Difi: "About FISA, you say that the President has the authority to wiretap Americans without warrants due to his war powers under Article 2, correct?"
Gonzo: "Yes."
Difi: "And I got a letter from your associate saying that the President could act because Congress had not set up a statute. Well, that's not true. The FISA law clearly says that the President can eavesdrop without warrants for 15 days after a declaration of war."
Gonzo: "Yes, but we didn't have a declaration of war, only an authorization to use military force, so we couldn't work with that provision."
Difi: "So you're saying that the AUMF does not amount to a declaration of war?"
Gonzo: "Obviously they are different."
Difi: "So if the AUMF is not a declaration of war, the president shouldn't have WAR powers!"

Gonzo: "................."

(whispers in the chamber...)

[aquart]

5. I wasn't online yesterday. I missed it all. YEEKS.

[ourbluenation]

6. things move fast around here! Good Morning!!!!

dozens of cases have been filed...this is the first was to be "allowed through"

[electropop]

16. Score one for DiFi!

I'm not a fan of hers, but this was a good one!

[helderheid]

7. Already recommended - get this to the GREATEST!

[helderheid]

8. 2 points - no declaration of war made and he was spying since Feb 2001!

[jsamuel]

9. alright

[cascadiance]

10. Too bad Sibel Edmonds didn't get Walker for her judge!

instead of Walton and the other judge that looks like they'd been bought off (their financial histories redacted).

[architect359]

11. Good. It's about dang time. eom

[FredStembottom]

12. Wow! I am awed by the "completeness" of this ruling.

I wish I had some idea of this judge's standing in the scheme of things. I am really ignorant when it comes to lawyerin' and judgin'. Probably just an initial hurdle, right?
:dunce:

[chill_wind]

13. Yeah, baybeee!!

"AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal," he wrote.


Kick-kick-kick and recommend!

[Quantess]

14. Justice is getting a chance!

:woohoo:

[helderheid]

15. .

[kansasblue]

17. EFF ...luv 'em! Go become a member. I did. nt

[Pachamama]

18. I hope Judge Walker lives a good clean life and doesn't fly a lot on small

planes.... :scared: Otherwise, he might be "suicided" or start being blackmailed...

Maybe I'm wrong, but I also believe Justice Walker is also the same Judge hearing some of the challenges to the voting machines in CA. I have heard Walker is a very good jurist. One that will not be afraid of the Bush administration.

[ClassWarrior]

19. I just got the EFF email about this. God bless 'em!!

I think a member of the Grateful Dead is a founder.

NGU.

[proud patriot]

20. Good

:-)

[Phrogman]

21. Now thats a "Colombo" moment

Peter Falk couldn't of said it better!