I'll post this here both for its ACLU connection and because the ACLU has been working so hard to "protect us" from those evil eavesdroppers:
Sunday, August 27, 2006
Pittsburgh Post-Gazette
Judge Anna Diggs Taylor illustrates why Democrats cannot be trusted with political power in time of war.
Jack Kelly is national security writer for the Post-Gazette and The Blade of Toledo, Ohio (
[email protected], 412-263-1476).
Judge Taylor, who is the chief judge of the federal district court in Detroit, ruled Aug. 17 that it is unconstitutional for the National Security Agency to listen in, without warrants, on telephone conversations between terror suspects abroad and people in the United States.
Her ruling was praised by Senate Democratic leader Harry Reid, House Democratic leader Nancy Pelosi and other prominent Democrats.
"With a careful, thoroughly grounded opinion, one judge in Michigan has done what 535 members of Congress have so abysmally failed to do," The New York Times gushed in an editorial Aug. 18.
But the Times was pretty much alone in its opinion that Judge Taylor's decision was "careful" and "thoroughly grounded."
In its editorial the same day, The Washington Post said Judge Diggs' decision "is neither careful nor scholarly, and is hard-hitting only in the sense that a bludgeon is hard-hitting."
"There is poor reasoning, and then there is head-spinningly, jaw droppingly poor reasoning," said The Washington Times.
By Aug. 20, The New York Times was backtracking. "Even legal experts who agreed with a federal judge's conclusion on Thursday that a National Security Agency surveillance program is unlawful were distancing themselves from the decision's reasoning and rhetoric yesterday," wrote the Times' Adam Liptak in a news story.
On Wednesday, the Times published an op-ed by University of Wisconsin law professor Ann Althouse which described Judge Taylor as "a law unto herself."
"For those who approve the outcome, the judge's opinion is counterproductive," Ms. Althouse said. "It will be harder to defend upon appeal than a more careful decision. It suggests there are no good legal arguments against the program, just petulance and outrage and antipathy toward President Bush."
Activist judges like Ms. Taylor who attempt to impose their political views by fiat pose a significant danger to the constitutional separation of powers, Ms. Althouse said.
"Let's consider the irony of emphasizing the importance of holding one branch of the federal government, the executive, to the strict limits of the rule of law while sitting in another branch of the federal government, the judiciary, and blithely ignoring your own obligations," she said.
The Times' discomfort increased when Judicial Watch discovered that Judge Taylor served on the board of a foundation which gave $125,000 to the Michigan ACLU, the lead plaintiff in the case, and did not disclose this apparent conflict of interest.
"Judge Taylor's role at a grant-making foundation whose list of beneficiaries includes groups that regularly litigate in the courts is ... disquieting," the Times acknowledged in an editorial Thursday.
This wasn't Judge Taylor's first brush with judicial impropriety. In 1998, she tried to take from Judge Bernard Friedman (who'd been awarded it on the customary blind draw), the case concerning affirmative action policies at the University of Michigan's law school. She gave up the attempt when Judge Friedman complained loudly, in public.
Even if Judge Taylor had been awarded the case in the blind draw, it would have been improper for her to hear it, because her husband is a regent at the University of Michigan.
MORE HERE