The Free Press, Mankato, MN

State, national news

December 17, 2013

Judge's word on NSA program won't be the last

WASHINGTON (AP) — A federal judge made headlines Monday by declaring that the National Security Agency's bulk collection of millions of Americans' telephone records is likely unconstitutional. But even he realized his won't be the last word on the issue.

U.S. District Court Judge Richard Leon put his decision to grant an injunction against the NSA on ice, predicting a government appeal would take at least six months. He said he was staying the ruling pending appeal "in light of the significant national security interests at stake in this case and the novelty of the constitutional issues."

Even after the appeals court rules, the Supreme Court will probably have the last word.

"This is the opening salvo in a very long story, but it's important symbolically in dispelling the invincibility of the metadata program," said Stephen Vladeck, a national security law expert at the American University law school.

Vladeck said 15 judges on the Foreign Intelligence Surveillance Court have examined Section 215 of the USA Patriot Act, the provision of law under which the data collection takes place, without finding constitutional problems. "There's a disconnect between the 15 judges on the FISA court who seem to think it's a no-brainer that Section 215 is constitutional, and Judge Leon, who seems to think otherwise."

Vladeck said there is a long road of court tests ahead for both sides in this dispute and said a higher court ultimately could avoid ruling on the big constitutional issue identified by Leon. "There are five or six different issues in these cases," Vladeck said.

Robert F. Turner, a professor at the University of Virginia's Center for National Security Law, predicted Leon's decision was highly likely to be reversed on appeal. He said the collection of telephone metadata — the issue in Monday's ruling — already has been addressed and resolved by the Supreme Court.

Text Only | Photo Reprints
State, national news
  • 8,000 get false notice of health care cancellation ST. PAUL — More than 8,000 low-income Minnesotans received erroneous notices that their health coverage would be temporarily canceled if they don't pay up. A July 17 notice warned MinnesotaCare subscribers that they faced a four-month coverage locko

    July 28, 2014

  • ND deputy hurt in scuffle Suspect charged with assaulting, trying to disarm law officer

    July 28, 2014

  • Fergus Falls plans deer hunt Hunters are selected by a lottery, pay $20 fee

    July 28, 2014

  • Man killed in home invasion Homeowner's son in Ray, Minn., fires fatal shot

    July 28, 2014

  • Charges filed in July 8 fatal Dodge Center woman criminally charged in fatal car crash

    July 28, 2014

  • American doctor in Africa gets treatment for Ebola BOONE, N.C. (AP) — An American doctor infected with the deadly Ebola disease received intensive treatment Sunday in West Africa and was in stable condition, talking to his medical team and working on his computer, a spokeswoman for an aid group said.

    July 27, 2014

  • Salmonella Outbreak Trial [Duplicate] Trial in salmonella outbreak to start in Georgia ATLANTA (AP) — Three people accused of scheming to manufacture and ship salmonella-tainted peanuts that killed nine people, sickened more than 700 and prompted one of the largest food recalls in history are set to go to trial this week in south Georg

    July 27, 2014 1 Photo

  • Pitfalls emerge in health insurance renewals WASHINGTON — For the 8 million people who persevered through all the technical travails in the new health insurance exchanges and managed to sign up for coverage in 2014, their policies will probably automatically renew come November when open enroll

    July 27, 2014

  • Hamas agrees to 24-hour holiday truce in Gaza war GAZA CITY, Gaza Strip (AP) — Hamas on Sunday agreed to observe a 24-hour truce in Gaza after initially rejecting a similar Israeli offer, as fighting resumed and the two sides wrangled over the terms of a lull that international diplomats had hoped c

    July 27, 2014

  • Solar car race to end at University of Minnesota MINNEAPOLIS (AP) — A cross-country solar car race is set to finish at the University of Minnesota on Monday. About 10 solar cars from colleges around the world are competing in the eight-day, 1,700-mile American Solar Challenge. The race began July

    July 27, 2014