Friday, July 06, 2007

U.S. Appeals Court Throws Out Lawsuit Against Domestic Spying

...and so it begins.

An AP newswire article, via MSNBC, reports that:

A federal appeals court on Friday ordered the dismissal of a lawsuit challenging President Bush’s domestic spying program, saying the plaintiffs had no standing to sue.

In a 2-1 decision, two Republican appointees on the 6th U.S. Circuit Court of Appeals ruled against allowing the lawsuit. A Democratic appointee judge disagreed, saying it was clear to him that the post-9/11 warrantless surveillance program aimed at uncovering terrorist activity violated the Foreign Intelligence Surveillance Act of 1978.

Although the Bush administration said in January the program is now overseen by a special federal intelligence court, opponents said that without a court order, the president could resume the spying outside judicial authority at any time.

The ruling Friday vacates an order by a U.S. District Court in Detroit last August that found the surveillance unconstitutional, violating rights to privacy and free speech and the separation of powers.

More here.

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