| 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.
Again, it's an interesting point of view. Does this mean libel laws are
unconstitutional, too, since they tend to inhibit what folks say in print?
(Gosh, who says this decision is all bad?)
What we have here is a triumph of ideology over law. If this ruling holds up
on appeal, it'll be another milestone in the radicalization of the federal
judiciary. Judge Taylor's pronunciamento may be the most sweeping example of
partisan dogma's replacing legal reasoning since the last convention of the
American Bar Association. That's when the ABA solemnly resolved to keep the
president of the United States from issuing any statement when he signs a
bill into law.
Now a judge is doing her best, or rather worst, to keep this administration
from detecting terrorist plots. Somehow I was not surprised to read that
Anna Diggs Taylor had been appointed to the federal bench by Jimmy Carter.
Happily, the latest plot to blow up American airliners seems to have been
foiled by the authorities in London, but Britain's home secretary - John
Reid - has deeply offended that country's left-wing press and legal
establishment. They say he's exaggerating the threat from terrorism - or at
least that's what they were saying before the latest bomb plot was
uncovered.
"They just don't get it," Mr. Reid said of his critics, explaining that
Britain "probably faced the most sustained period of severe threat since the
end of the Second World War."
Maybe that explains what The Hon. Anna Diggs Taylor has against the National
Security Agency: She just doesn't get it.
Michael Chertoff, the head of the Homeland Security Department in this
country, does. To quote him the other day, this country needs a legal system
that allows the government to "prevent things from happening rather than . .
. reacting after the fact." For example, a system that allows the National
Security Agency to monitor international calls to and from terrorist
suspects in real time.
But unfortunately there will always be some judge somewhere who, contrary to
Justice Robert Jackson of sainted memory, confuses the Constitution of the
United States with a suicide pact. |