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Supreme Court Won't Review Bush Spying Case | |
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THE PROGRESSIVE REVIEW - February 21, 2008
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Supreme Court Won't Review Bush Domestic Spying Case
By James Vicini
Reuters
Washington - The Supreme Court on Tuesday turned down a
legal challenge to the warrantless domestic spying program
President George W. Bush created after the September 11
attacks.
The American Civil Liberties Union had asked the justices
to hear the case after a lower court ruled the ACLU, other
groups and individuals that sued the government had no
legal right to do so because they could not prove they had
been affected by the program.
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The civil liberties group also asked the nation's highest
court to make clear that Bush does not have the power
under the U.S. Constitution to engage in intelligence
surveillance within the United States that Congress has
expressly prohibited.
"The president is bound by the laws that Congress enacts.
He may disagree with those laws, but he may not disobey
them," Jameel Jaffer, director of the ACLU's National
Security Project, said in the appeal.
Bush authorized the program to monitor international phone
calls and e-mails of U.S. citizens without first obtaining
a court warrant. The program's disclosure in December 2005
caused a political uproar among Democrats, some Republicans
and civil liberties activists.
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The administration abandoned the program about a year ago,
putting it under the surveillance court that Congress
created more than 30 years ago.
The high court's action means that Bush will be able to
disregard whatever legislative eavesdropping restrictions
Congress adopts as there will be no meaningful judicial
review, the ACLU attorneys said.
The journalists, scholars, attorneys and national advocacy
groups that filed the lawsuit said the illegal surveillance
had disrupted their ability to communicate with sources and
clients.
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The appeals court based in Cincinnati dismissed the case
because the plaintiffs could not state with certainty they
had been wiretapped by the government's National Security
Agency.
Administration lawyers opposed the appeal and said further
review by the Supreme Court was unwarranted.
The Supreme Court sided with the administration and
rejected the appeal without any comment.
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Reporting by James Vicini, editing by Lori Santos.
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