Bush, the last 64 Minute count down: Secrecy & Tyranny

[shintao]

Even in his death throws Bush sought to build his secret dictatorial government.

In Final Legal Act, Bush Appeals Spy Ruling

With just 64 minutes left in its last full day in office, the Bush administration asked a San Francisco federal judge late Monday to stay enforcement of a court ruling that keeps alive a lawsuit testing whether a sitting president may bypass Congress and eavesdrop on Americans without warrants.

The filing was among now former President George W. Bush's final legal acts in office. President Barack Obama was sworn in as Bush's successor early Tuesday.

The Bush administration asked Walker's permission to appeal his Jan. 5 decision to the 9th U.S. Circuit Court of Appeals in San Francisco. Walker had ruled that "sufficient facts" exist that two U.S.-based lawyers for an Islamic charity might have been spied upon for the case to proceed to the next stage.

The case seeks the courts to rule on the constitutionality of the Bush administration's warrantless eavesdropping program the president approved in the aftermath of the Sept. 11, 2001 terror attacks.

Congress authorized the spy program last year as part of legislation immunizing participating telecommunication companies from lawsuits accusing them of violating their customers' civil liberties, but the spying in this case allegedly happened in 2004. Eric Holder, the incoming U.S. attorney, said the Obama administration supported the spy legislation and would defend it in a separate challenge.

On Monday, the Bush administration sought to prevent the disclosure of a Top Secret document at the center of a closely watched spy case, a document Walker ruled could be admitte

"We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security," said Jon Eisenberg, the lawyer for Belew and Ghafoo. "Plaintiffs have a right to litigate the legality of the surveillance."



http://blog.wired.com/27bstroke6/2009/01/in-final-legal.html