Liberty For All

by Jessi Winchester, author of From Bordello to Ballot Box

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective,  may justly be pronounced the very definition of tyranny.”

- James Madison, Founding Father, 4th President of the U.S.

Civil liberties needed a hero and one stepped up in the person of U.S. District Court Judge Anna Diggs Taylor, who ordered an immediate halt to the illegal domestic wiretap program Bush secretly authorized NSA to perform in 2001.

Congress is so afraid of getting on the wrong side of vindictive Bush that they spinelessly kiss-ass their term away, while Judge Taylor simply did what’s right.  At great personal risk to her career, she courageously took a firm stand against Bush and his covert NSA to defend freedom and protect the Bill of Rights.

In seeking a proper balance between personal liberty and national security, Judge Taylor declared the secret spying illegal and unconstitutional and ruled Bush “exceeded his proper authority” by eavesdropping without warrants which violates the First and Fourth Amendments protecting free speech and privacy.  Despite Bush’s contention that the Constitution gives him, “…unlimited power to defend against terrorist attacks,” the Fourth Amendment makes no exception for wartime.

British police were forthcoming about details in their recent victory against terrorists that planned to blow up American airliners leaving London for the U.S.  Bush’s administration, on the other hand, refuses to divulge any proof that the secret spy program has ever resulted in even the arrests of suspects as an outcome of the program.

In her 43 page decision she wrote, “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 also stated the spying violates the constitutional separation of power between the three branches of government.  Additionally, she found Bush acted in a manner directly forbidden by F.I.S.A. and that the president defied the “express will of Congress.”

Senator Russell Feingold of Wisconsin summed it up by saying, “We all want our government to monitor suspected terrorists, but there is no reason for it to break the law to do so.”

Bush angrily disagreed with the judge’s ruling and vowed to appeal.  The judge said she was convinced; however, that the administration could defend itself without disclosing state secrets or violating civil rights and the U.S. Constitution.  The suit was filed by the ACLU and both sides have agreed to delay action until a hearing which will be held September 7th before Judge Taylor.  It is expected at that time that she will be asked to prolong the stay of her order pending further appeals - perhaps even to the U.S. Supreme Court.

Appointed to the Detroit bench by President Jimmy Carter, Judge Taylor was Michigan’s first black woman to become a federal district judge in that state.  Prior to that, she was a civil rights worker as well as an attorney and congressional office manager.

At 73, the judge has lived long enough to have known real freedom and is wise enough to recognize tyranny under the guise of “necessity.”  She has the character and integrity to stand strong for what’s right and the chutzpah to avoid joining the mindless ‘herd’ that is walking down the path of destruction.  America needs her.

 
Copyright © Jessi Winchester 2006 All Rights Reserved