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Please, Somebody, Take Bush to SCOTUS

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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
-Fourth Amendment to the United States Constitution

It has long since been decided (in 1967, just in case you’re curious) that electronic surveillance is covered by the Fourth Amendment under activities that require probable cause and a warrant to be carried out.

Members of Congress from both parties promise oversight hearings; in the meantime, Bush and Cheney both insist that the illegal wiretaps revealed this week, even the ones that violate the White House’s own limitations on such wiretaps, are perfectly legal and will continue.

Ladies and Gentlemen, is there any way to bring this before the Supreme Court?

I don’t know what the procedure here is. Must we wait for the promised oversight hearings to be completed? If we don’t have to, should we?

Can anyone bring this case to court, or does it have to be someone on the receiving end of the wiretap? Can there be a class-action lawsuit against the U.S. Executive Branch?

I’m not necessarily advocating these things, but I do want to know how it works.

Actually, that’s not true. I am advocating one of these things. I think this needs to go to SCOTUS. Bush’s detractors spin it as an egregious crime; his supporters spin it as perfectly legal and even ethical. Meanwhile, a judge on the FISA Court (the court that generally dispenses the warrants in question) submits an ambiguous, but curiously timed, resignation.

Folks, I don’t see any way around it: the Fourth Amendment being what it is, we really do have a Constitutional Crisis on our hands. Even the originalists would have to grapple with this one.

Now, even if you believe that SCOTUS has too much power, too much bias, etc. etc. etc., I think we can all agree that the Supreme Court was created in part to arbitrate Constitutional Crises.

So I feel it’s urgent that someone get this matter before the Supreme Court quickly. As soon as possible/legally ethical. This is a serious matter that needs to be settled.

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About Michael J. West

  • Bennett

    Agreed David. I understand that it would have to be brought to the court by someone who was the victim of one of these illegal wire taps.

    Also, the judge from the FISA Court reportedly resigned in protest.

    Hearsay of course, time will tell.

  • http://selfaudit.blogspot.com Aaman

    The Sunset Land is in sunset

  • http://musical-guru.blogspot.com Michael J. West

    Bennett,

    I’m not David, but thanks for your comment.

  • Bennett

    Michael – Fuck! Sorry man, I’ve been reading David R. Mark posts and it carried over!

    Thoughtful post, more please!

  • http://www.futonreport.net/ Matthew T. Sussman

    I think it’d need to start out in the lower courts and work its way up, just like any other case. I don’t think there’s a diamond lane straight to the top.

    Class action lawsuits are reserved for those who were victimized by the Opti-Grab.

  • http://selfaudit.blogspot.com Aaman

    What about defenestration? Would that work?

  • gonzo marx

    do we hafta open the window first?

    and here i thought defenestration was only good if the person thrown out was born via ceasarian section

    but i’m weird like that

    Excelsior!

  • zingzing

    you’ve got a good point mike, but don’t you get the creeping feeling that this will never ever make it to court? congress will talk about it… argue… call each other names… but that’s where it will stay. the bush admin just goes from crisis to crisis, using the newest crisis to cover up the older crisis. if nature doesn’t kill southerners, if another thousand don’t die in iraq, bush just goes and fucks something up… says something stupid… nothing sticks in the mind of the american people… next month, we’ll all be talking about some other dumbshit thing bush says/does.

  • gonzo marx

    here’s one for the List…

    a federal appeals court just gave a ruling on the Padilla case…you remember him, the american citizen that was detained as an “enemy combatant” for 3 and a half years with NO charges brought against him…

    the article is from Voice of America…find it here…

    now THIS one could get really sticky for the Administration…it cuts right to the heart of whether the Executive can just go ahead and violate a citizens Rights merely because they say so…

    enjoy the read

    Excelsior!