Fox News reports a federal district court in Detroit has ruled that the Bush administration’s NSA warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.
A separate federal district court in San Francisco had previously rejected the administration’s argument that the courts could not hear the case due to a “state secrets” privilege. The lawsuits have alleged that NSA program violated the First and Fourth Amendments, as well as a number of federal statutes, including the Foreign Intelligence Surveillance Act (FISA). The defendants included AT&T and the federal government.
Check back for more updates.
In this case, the President has acted, undisputedly, as FISA forbids. FISA is the expressed statutory policy of our Congress. The presidential power, therefore, was exercised at its lowest ebb and cannot be sustained.
UPDATE II: Kathryn Jean Lopez at The Corner blasts the decision as a “terrorist-friendly ruling.”
UPDATE III: A copy of the injunction HERE. It enjoins the administration from “directly or indirectly utilizing the Terrorist Surveillance Program.”
UPDATE IV: White House Press Secretary Tony Snow: “We couldn’t disagree more with this ruling, and the Justice Department will seek an immediate stay of the opinion and appeal.”