Liberally Conservative

"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free....... ~Ronald Reagan~

Saturday, August 19, 2006

Moon Bat of The Week Award!

Federal Judge
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Anna Diggs Taylor
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U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy as well as the separation of powers enshrined in the Constitution. xxx
"Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution."
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So how does our "Moonbat" recipient feel the public interest has "prevailed" and what does she feel she understands about the U.S. Constitution?
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Our answer is Ms. Taylor is incompetent and has, by her own words, be "unemployed today" if it weren't for her receiving an appointment to her present position by the left-wing socialist nut, and other incompetent, Jimmy Carter.
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In Judge Taylor's opinion, President Bush had taken upon himself "the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself."
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Over the years federal appellate courts have recognized the president's inherit constitutional authority to protect our nation from foreign threats against our national security without the requirement of warrants.
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Here are some relevant cases that passed Judge Taylor by: United States v. Truong, 629 F.2d 908 (4th Cir. 1980); United States v. Buck, 548 F.2d 871 (9th Cir. 1977); United States v. Butenko, 494 F.2d 593 (3rd Cir. 1974) (en banc); United States v. Brown, 484 F.2d 418 (5th Cir. 1973).
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Judge Taylor shows the real meaning of her leftist ruling when she becomes insulting and personal towards a sitting President during war. Taylor wrote:
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There are no hereditary Kings in America and no powers not created by the Constitution. So all “inherent powers” must derive from that Constitution.
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Search and Seizure:
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No one is being denied their liberty and no evidence is being brought in criminal proceedings based on what the NSA might learn through listening to al Qaeda communications. The wiretapping program is an intelligence operation, not a law-enforcement proceeding. Congress was duly informed, and not a single specific domestic abuse of such a wiretap has yet been even alleged, much less found.
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The wiretapping program is not preventing anyone from speaking on the phone. Quite the opposite -- if the terrorists stopped talking on the phone, there would be nothing to wiretap. The Wall Street Journal suggests, perhaps the plaintiffs should have sued the New York Times, as it was that paper's disclosure of the program that created the "chill" on "free speech" that Judge Taylor laments.
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Inherent Powers of the Presidency:
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The Constitution vests the bulk of war-making power with the President. It did so, as the Founders explained in the Federalist Papers, for reasons of "energy, dispatch, secrecy and accountability."
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No American court had ever ruled that the President lacked the Constitutional right to conduct such wiretaps. President Carter (of all people) signed the 1978 FISA statute that established the special court to approve domestic wiretaps even as his Administration declared it was not ceding any Constitutional power.
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In the 2002 decision In Re: Sealed Case, the very panel of appellate judges that hears FISA appeals noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information."
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The higher courts will decide this case in the end and Judge Taylor's "15-minutes of fame" will become an after-thought in the realms of fighting terrorists, civil rights and protecting Americans. Ms. Taylor's opinion will only reside as prejudicial not competent judicial thinking, preparedness or intellect.

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