Intelligence officials testify before Congress
A federal judge in Manhattan has
granted the government's motion to dismiss a case brought by the ACLU challenging the bulk collection of telephone data.
The decision by U.S. District Judge William H. Pauley III comes just days after another federal judge, U.S. District Judge Richard Leon in Washington, D.C., ruled that the NSA program “almost certainly” violated constitutional protections against unreasonable searches. [...]
“The natural tension between protecting the nation and preserving civil liberty is squarely presented by the Government’s bulk telephony metadata collection program,” wrote Judge Pauley in his 53-page ruling as he dismissed the ACLU lawsuit.
“While robust discussions are underway across the nation, in Congress, and at the White House, the question for this Court is whether the Government’s bulk telephony metadata program is lawful. This Court finds it is. But the question of whether that program should be conducted is for the other two coordinate branches of Government to decide.”
That's in conflict with a
decision from another federal judge December 16, ruling that the bulk collection program is likely unconstitutional. The government is likely to appeal that ruling, taking the case to the Supreme Court.
Congress is also doing just what Judge Pauley said, considering whether the program should be conducted. Sen. Patrick Leahy (D-VT) and Rep. Jim Sensenbrenner (R-WI), author of the original Patriot Act which the government argues allows the NSA program, have legislation that would end the program.