Breakfast of Champions

oh yeah...the bob loblaw law blog

Thursday, August 17, 2006

First and Fourth (at least) Amendments Restored!!

In a stunning confirmation of what everybody knows to be true, Judge Anna Diggs Taylor (of Detroit no less) rules that the Illegal Bush Phonetapping Powergrab (IBPP) is in fact illegal. More than the decision (as if that isn't enough!) is the completely cogenent, sensical and unbiased way in which Judge Taylor refuted every single claim by which the Fuhrer claimed that he had any legal basis to do this. I highly, highly recommend that you read every word of the decision (it is linked from the Times site) - this has the potentiality to be the watershed event that re-starts the rule of law in our great country.

Most important talking point - the end of the IBPP will not prevent the government from spying on terrorists! All it will do is prevent the government from illegally spying on non-terrorists like me. How do I know this to be true? Because the executive already has at his disposal a court, FISA, which will act quickly to rubberstamp any REASONABLE request to set up a phonetap on a US-Overseas phonecalls (or even US-US phonecalls!). The government should have all the authority to tap phones in order to find lawbreakers including terrorists - but they should always have to get a warrant. This is true both by law and by reason.

A lot of the Anti-Constitution folks (including their newest member) say that the warrant requirement simply protects the guilty - if you have nothing to hide, why would you care who is listening? The great fallacy in their logic is that the people who the Illegal Spying Committee have chosen to listen to are not chosen at random. You can be sure that along with the terrorists who came under the watchful eye of the NSA, there were any number of political opponents who the Bushies also conveniently forgot to get permission before listening to. Warrants are not there to protect the guilty - but they are completely indispensible for protecting those who have done nothing wrong other than oppose the current government's policy. Opposing the current government's policy being something any true American should be doing anyway.

Gonna throw in a quick LIEberman section, seeing as how the prima donna got a link above. The RSCC has now officially stated that they will not support their own candidate in the upcoming election. If not official, this is the last straw that makes little joe a full-fledged member of the GOP. If senate control is clear, he may still well caucus with the Dems for a while - but if/when he has the ability he will swing the Senate to the evildoers without batting an eyelash. There is plenty on CT-SEN on dailykos, and they say it better than I do...but if you vote in CT, and don't hate America, you should support Lamont wholeheartedly. If you don't live in CT, look at the list of Dem sens supporting the Traitor. Call/Write/Email them...especially Pryor, the man is asst chair of the DSCC for pete's sake!

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