Support for U.S. District Judge Anna Diggs Taylor in the Heartland

The Des Moines Register editorial board today says that U.S. District Judge Anna Diggs Taylor's ruling is correct and needs to be supported. link:http://desmoinesregister.com/...

A ruling last week by U.S. District Judge Anna Diggs Taylor of Michigan declaring the Bush administration's warrantless wiretaps unconstitutional has been widely criticized as poorly argued. That's like deducting style points from a batter who hits a home run. Her conclusion is what matters most, and even some critics of the judge's reasoning agree: She's right.

The president, of course disagrees:

President Bush insists that wiretaps by the National Security Administration are justified under the president's powers as commander in chief and through Congress' authorization of sweeping executive-branch authority to use "all necessary and appropriate force" against past and future terrorist acts. Taylor found nothing in that act of Congress repealing any provisions of the Constitution, including the Fourth Amendment.

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The DMR editorial board thinks that the courts will clear up this disagreement over the rules:

Ultimately, the U.S. Supreme Court will be called upon to resolve the question. The court should uphold Taylor's ruling. The Constitution protects American citizens from searches that do not have the prior approval of either Congress or the courts. The justices should restate that fundamental principle and remind the president that the Constitution does not empower the executive branch to create new constitutional powers for itself.

It would be nice if this were true, and if Bush would respect the ruling, if made. Based on our experience so far, I think Bush would simply say, "The justices simply do not understand the world in which we now live. There are terrorists everywhere. Terror! Terror! Terror! That ruling is pre 9-11 thinking and the people expect me to protect them, which I will do. Therefore, by my powers as Supreme Commander of these United States, I set it aside."

I sent the DMR an LTE expressing my views:

I appreciate your editorial Tuesday, Aug. 22nd, about the the president's illegal, unconstitutional, warrant-less wiretapping program where you suggest that we need to "Reassert the Constitution". Unfortunately, the president does not feel that his actions are bound by the constitution. That is the source of the problem. We cannot "reassert" something that the president feels he can ignore unless we are ready to take the next step. Congress must reassert itself and introduce articles of impeachment or the president will never pay attention to the law. Since the Republican controlled House is unlikely to introduce articles of impeachment and the Republican controlled Senate is unlikely to schedule hearings to consider them, "reasserting" the constitution is not going to happen now. Nevertheless, we must proceed though the courts and hope that the proceeding can change the opinions of the Republican politicians or help the public to decide to throw out these lawbreakers. Thanks again for your editorial.