US spying programme 'can continue'
George Bush has been given the go-ahead by a court to continue his domestic spying programme while his administration appeals against a ruling that it is unconstitutional.
The US president has said the programme is needed in the fight against terrorism, but opponents argue it oversteps constitutional boundaries on free speech, privacy and executive powers.
Yesterday’s unanimous ruling from a three-judge panel of the 6th US Circuit Court of Appeals gave little explanation for the decision.
The judges said that they balanced the likelihood an appeal would succeed, the potential damage to both sides and the public interest.
Deputy White House press secretary Dana Perino said: “We are pleased to see that it will be allowed to continue while the Court of Appeals examines the trial court’s decision, with which we strongly disagree."
The programme monitors international phone calls and e-mails to or from the US involving people the government suspects have terrorist links.
A secret court has been set up to grant warrants for such surveillance, but the government says it cannot always wait for a court to take action.
US district judge Anna Diggs Taylor in Detroit ruled in August that the programme was unconstitutional because it violates the rights to free speech and privacy and the separation of executive, judicial and legislative powers.
The Justice Department had urged the appeals court to allow it to keep the spying programme in place while it appeals, claiming that the nation faced “potential irreparable harm” and would be more vulnerable to a terrorist attack.
The appeal is likely to take months.
“This programme is both critical to preventing terrorist attacks and fully consistent with law,” said Justice Department spokesman Brian Roehrkasse.
The American Civil Liberties Union filed a lawsuit in January seeking to stop the programme on behalf of journalists, scholars and lawyers who say it has made it difficult for them to do their jobs because they believe many of their overseas contacts are likely targets.
Melissa Goodman, an ACLU attorney, said: “We are confident that when the 6th Circuit addresses the merits of this case, it will agree that warrantless wiretapping of Americans violates the law and is unconstitutional.”
Similar lawsuits challenging the programme have been filed by other groups.
In her ruling, Taylor said the Bush administration appeared to be saying the president had the “inherent power” to violate laws of Congress.
“There are no hereditary kings in America and no powers not created by the Constitution. So all ’inherent powers’ must derive from that Constitution,” Taylor wrote in a 43-page opinion. “The public interest is clear, in this matter. It is the upholding of our Constitution.”
