Profiles in Courage
Sep 28th, 2006 at 2:44 pm by Susie
As Congress prepares to enact one of the most tyrannical and un-American laws in our nation’s history, at least there is a Federal Judge who recognizes that we are not supposed to live under executive tyranny and that the obsequious submission to the President which characterizes Congressional Republicans is a destructive and repugnant trait.
Judge Anna Diggs Taylor today refused the Bush administration’s request to issue a “stay” of her Order in the ACLU v. NSA case. When Judge Taylor ruled previously that the President’s warrantless eavesdropping violated both the criminal law and the U.S. Constitution, she issued an Order enjoining the Bush administration from continuing its warrantless eavesdropping program.
The parties agreed to “stay” that Order until Judge Taylor could rule on the administration’s request that the Order be stayed until the Sixth Circuit Court of Appeals rules on its appeal. Today, Judge Taylor refused the administration’s request and instead gave them only seven days to comply with her Order. [...]
[Justice Department lawyer Paul] Coppolino and Taylor traded gentle barbs during Thursday’s 30-minute court hearing. “Your injunction, as far as we can see, was the first time in history that foreign intelligence has been enjoined at a time of war,” Coppolino told Taylor.
In rejecting his request for a stay pending the outcome of the appeal, Taylor remarked that the government had failed to cite any steps it had taken to comply with her order. [...]
The Bush administration can and unquestionably will ask the Sixth Circuit to stay Judge Taylor’s order pending appeal. I would be surprised if the Sixth Circuit refuses to do so. Nonetheless, on a day when one watches one obsequious, craven, authoritarian presidential worshipper after the next crawl onto the Senate floor and make some of the most wretched statements one can imagine, in defense of one of the most wretched bills imaginable, reading about someone who is willing to stand up to the administration and enforce the most fundamental principles of our government is extremely refreshing.
The contrast between the independent-minded and patriotic Judge Taylor and the mewling, mindlessly obedient Congressional Republicans could not be clearer.



