WARRANTLESS NSA WIRETAPS RULED UNCONSTITUTIONAL

FEDERAL COURT SAYS NO LEGAL OR CONSTITUTIONAL BASIS FOR ADMIN.'S CLAIM TO POWER TO DISREGARD JUDICIAL PROCESS

A federal judge in Detroit ruled early yesterday that Pres. Bush's NSA surveillance program, which uses wiretaps implemented with no judicial oversight, is unconstitutional. The ruling strongly enforced the point that there are "no powers not created by the Constitution" rejecting the AG's claim that the Congressional Authorization for the Use of Military Force (in Afghanistan) as a legal platform for sweeping new domestic powers.

Judge Anna Diggs Taylor specified that because there are "no powers not created by the Constitution" available to the president, "all 'inherent powers' must derive from that Constitution". This specifically takes issue with the attorney general's much criticized counsel suggesting the president can derive expansive new prosecutorial powers from laws specifically enacting Constitutional processes designed to permit overseas military action. [Full Story]