Slashdot Mirror
White House Asks FISA Court To Ignore 2nd Circuit's Decision On Bulk Surveillance
schwit1 sends news that the Obama Administration has made a legal request to the Foreign Intelligence Surveillance court to ignore a ruling from the Second Circuit Court of Appeals making bulk surveillance illegal. The government says it's doing so to create an "orderly transition" between now and the beginning of USA Freedom Act provisions in six months. Their legal argument is that the Circuit Court's rulings are only binding for lower courts — the FISA court is secretive and separated from the normal legal process, so it doesn't necessarily fit in the normal court hierarchy.
ACLU deputy legal director Jameel Jaffer said, "While the FISA court isn’t formally bound by the second circuit’s ruling, it will certainly have to grapple with the second circuit’s interpretation of the ‘relevance’ requirement. The [court] will also have to consider whether Congress effectively adopted the second circuit’s interpretation of the relevance requirement when it passed the USA Freedom Act." The issue is further complicated because the Circuit Court did not actually issue an injunction against bulk surveillance, deferring instead to the congressional debate already underway about the Patriot Act and USA Freedom Act.
ACLU deputy legal director Jameel Jaffer said, "While the FISA court isn’t formally bound by the second circuit’s ruling, it will certainly have to grapple with the second circuit’s interpretation of the ‘relevance’ requirement. The [court] will also have to consider whether Congress effectively adopted the second circuit’s interpretation of the relevance requirement when it passed the USA Freedom Act." The issue is further complicated because the Circuit Court did not actually issue an injunction against bulk surveillance, deferring instead to the congressional debate already underway about the Patriot Act and USA Freedom Act.
Oh, was a magical third Bush term going to make this any better? Or a McCain or Romney administration?
Considering that R-Money recognized the difference between a state-run healthcare law and a federal-run healthcare law as a constitutional issue, I think he would have done much better in respecting the balance of power, rather than Barrack "Fuck the Constitution, Fuck the legislature, Fuck the courts, I'm in charge here, eat my shit in the form of Executive Orders" Obama.
When has he said fuck the courts?
As far as I can tell he's yet to disobey a single Court Order. He's certainly better then Bush. Most of the problems folks on Slashdot have with him come from him obeying the FISA Court, which is a real Court.
When he says "fuck the Legislature," it's typically after several years of Congress saying "We really need to get something done," but then failing to pass a bill.