August 17, 2006

The Bush administration suffered another striking defeat today when a federal judge in Detroit ruled that the NSA's "Terrorist Surveillance Program" was in violation of the Constitution, and ordered an immediate and permanent halt to the Bush administration's warrantless eavesdropping.

"Today's ruling is a victory for all Americans who uphold the sanctity free speech and privacy under the Constitution," said MPAC Executive Director Salam Al-Marayati. "Although an appeal is expected, MPAC commends the decision of U.S. District Judge Anna Diggs Taylor to prevent the administration from directly or indirectly engaging in surveillance which violates the Constitution's guarantee against unreasonable searches."

SEE: "Federal Judge Orders End to Warrantless Wiretapping" (New York Times, 8/17/06)

The "Terrorist Surveillance Program" allows the government to eavesdrop on international phone calls and emails of U.S. citizens without obtaining proper court authorization. The administration argued that the President was within his powers as Commander in Chief to carry out the wiretapping program. However, Judge Taylor in her opinion wrote, "There are no hereditary Kings in America and no powers not created by the Constitution... all 'inherent powers' must derive from that Constitution."

The lawsuit was brought by the ACLU on behalf of journalists, scholars and others who frequently place calls to overseas contacts. The ACLU's strongest argument was that its plaintiffs suffered real and concrete harm as a result of the program's very existence. In the lawsuit, the Plaintiffs declared that they were stifled in their inability to vigorously conduct research, interact with sources, talk with clients, or uphold the attorney-client privilege.

"Today's ruling is a landmark victory against the abuse of power that has become the hallmark of the Bush administration," said ACLU Director Anthony D. Romero in a written statement. "Government spying on innocent Americans without any kind of warrant and without Congressional approval runs counter to the very foundations of our democracy."

[CONTACT: Edina Lekovic, 213-383-3443, communications@mpac.org]