Can We Impeach Bush, now?

Jail to the Chief!

Glenn Greenwald, a consitutional lawyer, has summarized and evaluates the ruling at Unclaimed Territory:

First, the court rejected the administration's assertion of the "state secrets" doctrine with regard to the NSA eavesdropping program...

Second, the court ruled that the plaintiffs have standing to challenge the legality of the NSA program even though they cannot prove they have been eavesdropped on...

Third, the court ruled -- rather emphatically and without much doubt -- that warrantless eavesdropping violates the Fourth Amendment's prohibition on unreasonable searches and seizures...

Fourth, the court ruled independently -- again, without all that much reasoning -- that the NSA program violates the plaintiffs' First Amendment rights...

Fifth, the court relied upon Youngstown to hold that the Executive's powers in the national security area do not entitle him to act beyond the law or the Constitution...

Sixth, the court swiftly and dismissively rejected the administration's claim that the AUMF constitutes authorization to eavesdrop in violation of FISA...

Seventh, the court made its scorn quite clear for the administration's Yoo theory of executive power because, as the court put it, "there are no hereditary kings in America and no powers not created by the Constitution."...

Finally, and really quite extraordinarily, the court (a) declared the NSA program to be in violation of FISA, the First Amendment and Fourth Amendment and (b) issued a permanent injunction enjoining the Bush administration from continuing to eavesdrop in violation of FISA...