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Congress Tries To Strip Power From Anti-Wiretap Judge

palegray.net writes "Congress is attempting to strip US District Chief Judge Vaughn Walker of his power following his ruling against the government regarding immunity for telecoms in the NSA wiretapping case. Walker was appointed to the bench by President Bush, and has attempted to enforce existing prohibitions against warrantless wiretapping. From the Wired article: 'Walker, the chief judge of the Northern District of California, affirmed that the Foreign Intelligence Surveillance Act is the exclusive legal method for conducting surveillance inside the United States against suspected spies and [terrorists]. The Bush Administration argues that Congress's vote to authorize military force against Al Qaeda and the president's inherent war time powers were exceptions to the exclusivity provision.' The article makes the observation that Congress seems to be having difficulties bringing itself to enforce the laws that it has previously passed regarding wiretapping, and seems more interesting in silencing opposing viewpoints." Update: 07/06 16:15 GMT by SS: As several readers have noted, the vote would only limit Judge Walker with respect to this particular case. His other responsibilities would be unaffected.

14 of 332 comments (clear)

  1. You Americans by Anonymous Coward · · Score: 5, Informative

    You Americans should probably try to e-mail your senator or member of congress regarding this. Mr. Walker seems to be one of the good guys, I'd hate to see him go down.

    1. Re:You Americans by jopsen · · Score: 5, Funny

      That is a good way to get put on the watched list as you will be seen as 'un-American'.

      I hope that's a joke... Otherwise you should take pride in being on such a list!

    2. Re:You Americans by b4dc0d3r · · Score: 5, Insightful

      The reason there is no rioting in the streets is:
      1) We mostly have decent jobs
      2) Even if we don't, we have stuff we can do, like watch tv
      3) When the economy is good, we feel unaffected, when it's bad we're just trying to get by
      4) This won't affect our internet, tv, choice of cars, schools for the kids, mortgage or rent, and especially not our back yards.
      5) the price of high-fructose-laden foods

      It looks like more than one reason but it really isn't. Sadly, life is too good right now to be worried about things like our civil rights being eroded.

    3. Re:You Americans by Stew+Gots · · Score: 5, Insightful

      It looks like more than one reason but it really isn't.

      What you list is very old knowledge dating at least as far back as the Romans and generally referred to as "bread and circuses". In essence, keep the populace fed and distracted and they won't rebel.

      You miss one very big innovation against dissent in modern America though - the corporate culture. The world of employment - background checks, drug tests, internet searches of what potential (and actual) employees are doing, etc. - puts a whole extra layer of difficulty and fear between citizens and their government. In most states you can be fired for any reason at all and have no legal recourse. That not only chills but deep freezes a lot of free speech and expression. Without laws to curb the corporations democracy, or what is left of it, is ultimately screwed.

  2. ptbob by ptbob · · Score: 5, Insightful

    Sounds like a typical case of "These rules are for other people, not us". Mr Bush seems to like that thought process.

    1. Re:ptbob by v1 · · Score: 5, Interesting

      Reminds me of Nixon, "I am not a crook!", yes I broke the law but the laws don't apply to The President.

      The Bush Administration argues that Congress's vote to authorize military force against Al Qaeda and the president's inherent war time powers were exceptions to the exclusivity provision.

      So maybe this is why the "war" keeps dragging on and on? As long as we have a war going, he thinks he can do anything he wants? (and is often the case)

      We had a "war" going on with Nixon in the house too. I see a pattern developing.

      --
      I work for the Department of Redundancy Department.
    2. Re:ptbob by Macrat · · Score: 5, Insightful

      So maybe this is why the "war" keeps dragging on and on? As long as we have a war going, he thinks he can do anything he wants? (and is often the case)

      What do you think the "war" was created for in the first place?

    3. Re:ptbob by rpillala · · Score: 5, Informative

      To complete this pattern you should read A People's History of the United States. Here's a sample from page 238 at Google Books:

      Under the deafening noise of the war, Congress was passing and Lincoln was signing into law a whole series of acts to give business interests what they wanted, and what the agrarian South had blocked before secession. The Republican platform of 1860 had been a clear appeal to businessmen. Now Congress in 1861 passed the Morrill Tariff. This made foreign goods more expensive, allowed American manufacturers to raise their prices, and forced American consumers to pay more.

      Zinn continues on to describe a Homestead Act that allowed people with means to buy up land in the west for a low price (if you had means), and the government's gift of tens of millions of acres of public land to railroads.

      Apparently giving business interests what they want is no longer enough, or the people in power need more power to deliver on the promise of all that lobbyist money. The quotation names the Republican party but I think it's well agreed these days that both major parties are equally likely to be owned by lobbies.

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  3. He is the government by debrain · · Score: 5, Insightful

    Congress is attempting to strip US District Chief Judge Vaughn Walker of his power following his ruling against the government regarding immunity for telecoms in the NSA wiretapping case. Walker

    It is misleading to say that he ruled against the government. He represents a branch of the government, an independent judiciary, and he made a decision contrary to that of other branches of government. He has lived up to his role (nigh duty) and provided the checks and balances that keep the government as a whole in check.

  4. Republicans and Democrats.... by Anonymous Coward · · Score: 5, Insightful

    Republicans and Democrats have done more to strip America of her civil liberties than terrorists ever could.

  5. Lets be clear on content by freedom_india · · Score: 5, Informative

    Lee Iacocca in his autobiography stated that people are more interested in reading headlines rather than content or Opinion.
    Before any of you slashdotters start venting foam from your mouths, let us be clear on content:
    1. The Congress is NOT trying to strip THIS judge from power to do anything.
    2. The Congress/Senate votes on July 8th to provide immunity to Telecoms who allegedly violated law.
    3. If such immunity is provided, then, and only then will this judge lose his power to apply the law to Telecoms on spying.
    If the vote stalls, (any senator can bring in a "Hold") the judge can proceed on existing laws and there is absolutely NOTHING the Congress or president can do to stop him, short of impeaching him (which will invite the wrath of even Scalia and probably result in arrest of President).
    The title is wrong, misleading and similar to what FOX news or Karl Rove would have done.
    Shame on you s'dotters, i thought you were more intelligent and accurate than FOX News.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  6. Re:People wonder why I don't vote... by dreamchaser · · Score: 5, Insightful

    How is Bush different than Saddam?

    He doesn't feed people feet first into plastic shredders. He doesn't use chemical weapons against citizens of his country. He doesn't have women raped and children tortured in front of their parents. He's going to be out of office via the normal process come next January.

    There is a much longer list. Don't get me wrong; I'm not a fan at all. I think he's made numerous blunders and our country is weaker for it. Rampant spending, ill advised military operations that are governed by the State Department more than the Pentagon (if you're going to fight a war, fight it to win). That list goes on and on as well, but to compare him to Saddam is disingenuous at best.

  7. Re:People wonder why I don't vote... by Anonymous Coward · · Score: 5, Interesting

    "He doesn't feed people feet first into plastic shredders." - Neither did Saddam, or any of his henchmen. That was just a bit of War propaganda.

    "He doesn't use chemical weapons against citizens of his country." - Um.. Yes he does. Mace is a good example. Almost all the vicious weapons, chemical or mechanical, that are used for torture today were first developed in the US.

    "He doesn't have women raped and children tortured in front of their parents." As far as I know, you have me there. I don't think he allows parents into Guantanamo. But he does use torture, there and elsewhere on a regular basis. In fact, he probably does arrange for this to happen on some extraordinary renditions....

    "He's going to be out of office via the normal process come next January." We hope. He should have been thrown from office for many crimes via the normal process already, but has managed to suppress it so far. At the least he has broken the constitution.

    When I started to write this I thought it would be hard to make any kind of comparison between Saddam and Bush, but it turns out that it's quite easy. Of course, a lot of things that were said about Saddam were wartime propaganda and lies - I have little trouble believing that if the two men had each taken up the other's role they would have behaved very similarly. And of course, Saddam has not actually taken over another non-threatening country and stolen all it's raw materials.....

  8. Re:People wonder why I don't vote... by copponex · · Score: 5, Informative

    He doesn't feed people feet first into plastic shredders.

    Instead, he authorizes war and they're blown up, crushed, finished off by treatable diseases, or flee their homes to live in squalor in refugee camps. He only presided the capture of 80,000 suspected terrorists, and only 150 have officially died in custody.

    He doesn't use chemical weapons against citizens of his country.

    The same members of his current administration authorized the sale of those weapons knowing full well what they'd be used for.

    He doesn't have women raped and children tortured in front of their parents.

    The lawyer (John Yoo) in charge of formally defining torture said that crushing a child's testicles or raping an infant shouldn't be illegal when trying to extract information from terrorists. They haven't, to public knowledge, done that yet, but they think they should be able to.

    He's going to be out of office via the normal process come next January.

    Hopefully he won't start a war with Iran before he's finally removed from power, whether directly or through our client state, Israel.

    That list goes on and on as well, but to compare him to Saddam is disingenuous at best.

    No. Our government supported Saddam Hussein, with money and weapons, during the worst of his atrocities when his father was vice president. The same group of people oversaw the war in the gulf, and returned for round three to complete the destruction of Iraqi society in order to establish control over the resources of that area.

    When virtually the same administration supports a tyrant and then accuses him of being a tyrant as an excuse to decimate an entire country, there's no reason not to make the comparison. Were it not for American support of Saddam in the 80s, the Shah from 1953 to 1979, and our continuing support of Saudi Arabia, there may have been freedom in the middle east long ago.

    Saddam simply did our dirty work for us, namely, suppressing the Shia minority and keeping Iran in check and Saudi Arabia less worried about an uprising in their own state. Now we're employing the same tactics in Baghdad for the surge, where one hundred thousand mercenaries, including Sunnis no longer allied with al Qaeda, have been given free reign to "establish order."