Activist Judge Weakens National Security In Order To Have "Meaningful Debate"
Posted by bulldogpundit
Ankle Biting Pundits
Clinton appointed District Judge Henry H. Kennedy, Jr. has ordered the government to turn over documents about the NSA terrorist surveillance program to the Electronic Privacy Information Center. And what was Judge Kennedy's reasoning for granting this Freedom Of Information Act request? Quote:
<<< "President Bush has invited meaningful debate about the warrantless surveillance program," Kennedy wrote, alluding to comments Bush has made at news conferences and speeches acknowledging public disagreement about domestic spying. "That can only occur if DOJ processes its requests in a timely fashion and releases the information sought." >>>
Included in the documents ordered to be turned over include an audit of the program, a "checklist" guide used to determine whether an individual's phone or e-mail messages could be monitored, documents showing how information gleaned through eavesdropping had been used, and other legal opinions about the program.
You do realize what's happened here? One unelected, liberal judge (as you will see below) has decided that the public debate generated by the illegal disclosure of this program trumps vital national security interests. Perhaps the Judge will also order President Bush to meet with leaders of Al Queda and describe the tactics in the war on terror because it would generate a really good public "discussion".
When you want an example of an "activist" judge who doesn't know the limits of his powers, you can point to Judge Kennedy. Last time I checked is was the Executive Branch, not the Judicial, that is in charge of national security. What possible good could come of releasing this information that is not outweighed by the harm of its disclosure?
But this is nothing new for Judge Kennedy. who a few years ago barred the transfer of 13 Gitmo detainees to another country because of his fear that US Courts would lose jurisdiction of the detainees "rights" to challenge the legitimacy of their detention. I guess Kennedy forget for a moment that these detainees are "enemy combatants", and have no rights in our civil courts.
He is also the judge who in essence, shut down a lawsuit by the conservative Landmark Legal Foundation, who filed suit against the IRS and had evidence that a whistleblower had a tape showing discussions about document shredding because they didn't want to turn over documents about people who had requested IRS audits of tax-exempt organizations.
Kennedy also gained notoriety in 1998 when he was one of the Judges to whom the Chief Justice of the DC Circuit allegedly steered cases involving prominent Democrat party fundraisers. One of those cases involved Howard Glicken, who pled guilty to soliciting donations from foreign nationals.
He's also been known for giving his personal views on environmental regulations when he can't use the law to strike them down. Quote:
<<< A federal judge yesterday upheld Interior Department regulations that allow more mining on public lands but criticized the rules, redrafted just weeks after President Bush took office, for putting industry wishes above environmental protections.
U.S. District Judge Henry H. Kennedy Jr. said he had no legal grounds to strike down the rules but did order the Interior Department to rewrite and review a portion of the regulations. He said some of the new rules fail to require that mining companies pay the government full market value if they alter public lands in the course of digging up valuable minerals. "It is clear that mining operations often have highly significant -- and sometimes devastating -- environmental consequences," Kennedy wrote. "It is also clear that the 2001 regulations, in many cases, prioritize the interest of miners . . . over the interests of persons . . . who seek to conserve and protect the public lands." >>>
See folks, this is why elections matter. Thank God President Bush is going to have 8 years to put on District Court Judges. Often they don't get the press that the Circuit Court Appellate Judges do, but there are many cases in which they are the final word on a case or policy. This is especially true of the DC Circuit, which hears nearly all lawsuits against the policies of the Federal Government.
anklebitingpundits.com
news.orb6.com
opinionjournal.com
washingtonpost.com |
