“It was never the intent of the Framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,” she wrote, in a decision that the White House and Justice Department said they would fight to overturn. A hearing will be held before Judge Taylor on Sept. 7, and her decision will not be enforced in the meantime.More:
In becoming the first federal judge to declare the eavesdropping program unconstitutional, Judge Taylor rejected the administration’s assertion that to defend itself against a lawsuit would force it to divulge information that should be kept secret in the name of national security.
Judge Taylor said “the president has acted, undisputedly, as F.I.S.A. forbids,” thus defying the express will of Congress, and she was unpersuaded by the government’s stance that it could not defend itself in the lawsuit without doing the country harm.This is a big story, and the politicization of the judge's ruling by the Bushites is yet to come....
“Consequently, the court finds defendants’ arguments that they cannot defend this case without the use of classified information to be disingenuous and without merit,” she wrote.