Yesterday was the day the Telecoms and EFF met for yet another battle in front of Judge Walker. As is their normal behavior the Bush DOJ whined a lot. Here is a few choice quote from them.
"That was designed to protect from a terrorist attack," Deputy Assistant Attorney General Carl Nichols told U.S. District Judge Vaughn Walker....
"I don't think it would be appropriate for this court to look back and second-guess the administration," Nichols added.
"Congress recognized these cases created a risk to national security," Nichols countered. "Congress has spoken."
Nichols went even farther with a claim I hope isn't true of our new Atty. Gen.
"It would be very, very unlikely for any future Department of Justice to decline to defend the constitutionality of the statute," replied Nichols, who conceded the law was unprecedented. Feds to Judge: Don't 'Second Guess' Bush Domestic Spy Program
From what little info I have found so far, the Judge isn't buying it. Judge Walker has been the savior of our chances to have this law overturned so far. Yesterday wasn't any different if what he had to say is any sign of how he could rule. Here is one of the important questions the Judge asked,
"In essence that gives the attorney general carte blanche to immunize anyone." Walker said, wondering what odd creature Congress had fashioned. "What other statute is like this statute?" Judge Questions Telecom Immunity
Judge Walker had asked this question and 10 others before this hearing. You can read those questions for some insight into his thinking by downloading this pdf file.
Judge Walkers Questions
The Electronic Frontier Foundation has been the main defender of our Civil Rights in this issue along with the many lawyers defending individual clients. They have fought this every step of the way and often with just plain brillant thinking. We owe them our support and thanks for all the hard work and money they have spent. They have been like a bulldog with jaws locked on someones bottom. Hopefully they will continue to draw blood until they win this battle.
Lawyers for the Electronic Frontier Foundation told Walker that Congress had no right to give the attorney general a magic wand to make cases against the telecoms go away just by telling the judge a little bit about what happened. The group is suing AT&T for helping the government spy on Americans' internet and phone usage.
"We have a right to an injunction against the telecoms," EFF's legal director Cindy Cohn said. "They are the gatekeepers ... They have an independent duty to protect Americans' privacy." Judge Questions Telecom Immunity
"The legislation is an attempt to give the president the authority to terminate claims that the president has violated the people's Fourth Amendment rights," the EFF's Cohn says. "You can't do that." In Courtroom Showdown, Bush Demands Amnesty for Spying Telecoms
Judge Walker did not issue a ruling yesterday and we don't know when he will rule. I would be willing to bet his ruling will be in our favor which would probably promise that this would ultimately go to the Supreme Court. How the current SCOTUS would rule is anyone quess, but even they refused to rubberstamp the Gitmo/Habeas issues for Bush. That should give us a 50/50 chance of winning.
One of the best Christmas gifts we could get this year is for Judge Walker to rule in our favor. Hopefully the Obama Admin. will be more willing to disclose more facts and even stop fighting us so hard. Obama originally voted against this Immunity tho he did vote for it's passage in the end. That leaves us guessing how he and Holder will act next year. If anyone reading this has the ear of either man now is the time to whisper in their ear for some return to the Constitution and Rule of Law.
Update: Just a few links I have run across since writing this. More for my own ref. later on since this fell off the list long time ago. Both links are well worth the read. http://www.cqpolitics.com/...
http://oxdown.firedoglake.com/...