| Who is Anna Diggs Taylor and what does she have against national security?
The answer to the first question is: a U.S. district judge in Detroit. The
answer to the second is as mysterious as the decision she handed down
Thursday.
In her 44-page ruling, Judge Taylor ordered the National Security Agency to
stop monitoring international calls to and from this country, aka "domestic
spying" in New York Times style.
The judge found the practice not just illegal but unconstitutional. And also
un-American in just about every crass, rhetorical way she could. The crux of
her opinion reads like an entry in a high-school declamation contest rather
than a reasoned piece of jurisprudence.
It's as if Her Honor had mounted her trusty steed and ridden off in all
directions - legal, constitutional, philosophical and mainly oratorical.
There may indeed be a legitimate argument against some aspects of the
National Security Agency's wiretaps. But this ruling doesn't make it. It's
not so much an argument as a series of wild swings:
First off, Her Honor agreed that those challenging the National Security
Agency had grounds to sue even if they could not demonstrate any actual
material damage to themselves. The mere fear that they might be spied upon
was reason enough to let them ask that the whole surveillance program be
shut down.
The plaintiffs argued that the very existence of the program is such a
threat to their delicate psyches that it should be banned. Because even the
possibility that the feds might be listening in - none of the defendants
claimed their phone lines were actually tapped - could inhibit their
conversations with terrorist suspects abroad. How dare the government do
such a thing!
It's an interesting point of view. But it's not mine, at least not since it
was reported that these wiretaps may have played a role in the arrest and
conviction of at least one would-be terrorist - Iyman Faris, a truck driver
who was casing the Brooklyn Bridge with a view to cutting its suspension
cables.
It's not the NSA's listening in on international calls that bothers some of
us. It's the distinct possibility that soon it may not be able to. Maybe
that's because we'd like to think the courts would let the government
protect one of our basic American rights - the right not to be blown
sky-high.
When the next plot proves successful, and the country is reeling after
another 9/11, you can bet the same folks now celebrating this ruling against
the administration will be blaming the president for not preventing the
massacre.
Judge Taylor found the NSA's surveillance program unconstitutional not only
because Her Honor believes it violates the Fourth Amendment, which forbids
unreasonable searches, but the First Amendment, too.
Since the existence of such a program might inhibit what people say in the
course of international phone conversations.
Continued... |