Judge To Consider ACLU’s Case Against NSA

Posted on July 10, 2006

A federal judge said Monday that she would begin considering whether to allow a legal challenge to proceed against President George W. Bush’s terrorist surveillance program.

U.S. District Judge Anna Diggs Taylor in Detroit gave no indication of when she would rule.

On Monday, Taylor heard arguments about the government’s motion to dismiss the case on grounds that litigating it would require revealing state secrets.

It was the second hearing in the case before Taylor, who also heard arguments on June 12.

The case was brought by the American Civil Liberties Union against the National Security Agency. The ACLU is asking for an immediate halt to the program, arguing that it violates the rights to free speech and privacy.

The government argues that the program is well within the president’s authority, but proving that would require revealing state secrets.

The ACLU says the state-secrets argument is irrelevant because the Bush administration already has publicly revealed enough information about the program for Taylor to rule.

I’m sure that the ACLU emphasized the Supreme Court’s ruling in the Hamdan case to assert Bush has no increased presidential power to authorize such programs. This judge has already expressed her skepticism of the government’s claims for state secrets. Regardless of who wins this one we will surely see appeals. This case will most likely make it all the way up to the Supreme Court. Stay tuned.

» Filed Under ACLU, News, War On Terror