CBC (With AP files): Thu, 17 Aug 2006 (my emphasis)
A U.S. federal judge in Detroit on Thursday ordered a halt to the U.S. government's warrantless wiretapping program. In becoming the first judge to rule against the wiretapping, U.S. District Judge Anna Diggs Taylor called the National Security Agency's program unconstitutional. She ruled the wiretapping program violated the rights of free speech and privacy. "Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," Taylor wrote in her 43-page ruling.
This is good news. Contrary to what Mr. Bush believes, the Executive isn't above the law.
The judge ruled on a lawsuit brought by the American Civil Liberties Union on behalf of journalists, scholars and lawyers, who claimed the eavesdropping program made their jobs tougher. The program involved the U.S. government listening to conversations between people in the U.S. and other countries. The U.S. government said it was within the president's powers to order the eavesdropping, but argued that proving its point would require disclosure of national secrets.
Secrets that might reveal the full scope of Shrub's end-run around the law? I'm afraid that secret's already out.