Warrantless wiretapping can continue for now, court rules

The Bush administration can continue its warrantless surveillance in the United States while it appeals a judge's ruling that the spying program is unconstitutional, a federal appeals court ruled today:


The 6th U.S. Circuit Court of Appeals' ruling by a three-judge panel allows the program to continue during the appeal that could take months.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Aug. 17 that the program targeting communications between people in the United States and people overseas with a suspected link to terrorism is unconstitutional. She refused Sept. 28 to postpone her ruling during appeals, but gave the government a week to ask the 6th Circuit to halt it from taking effect.

The Justice Department had urged the appeals court to allow it to keep the program in place while it argues its appeal, claiming that the nation faced "potential irreparable harm."

"The country will be more vulnerable to a terrorist attack," the government motion said.

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