Dec 23 2005
We were one of the first to see that the resignation of Judge Robertson from FISA was more likely the act of someone under investigation for leaking and damaging the NSA surveillance of Al Qaeda communications with people in the US. For a protest resignation, both Robertson and the Bush administration were way too quiet. For an investigation of leaking classified material, the behavior was all too recognizable as Robertson lawyers up and the Feds go silent with their investigation.
We will know for sure if Robertson starts missing days on the bench on the DC circuit court – a position he has not resigned yet. But one he cannot retain while under investigation.
Mac Ranger believes this fits his scenario where an all of sudden very quiet Senator Rockefeller is also under investigation for leaking the NSA program. The NY Times story that leaked and damaged the surveillance program mentioned the good Senator by name. Guess he forgot to go on background.
Now Rush Limbaugh has joined the dance in looking at Judge Robertson as a possible modern day Benedict Arnold.
Here’s the dirty little secret: Rockefeller may in fact be the leaker to the New York Times, and you know what else is now being speculated?
“According to those officials and others, reservations have been expressed by Senator Rockefeller and a judge presiding over a secret court that overseas intelligence matters.” Now, we overlooked that last Friday.
But now that Judge Robertson has in a puff of conscience resigned from the FISA court, there is speculation out there that Robertson and Rockefeller are leakers and Robertson resigned because he was going to be forced out as having leaked and instead he forces himself out.
Mac Ranger is correct in wondering about the timing of all this with the Alito nomination and breaking news Alito supported more agile wiretapping.
Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps for national security when he worked at the Reagan Justice Department, an echo of President Bush’s rationale for spying on U.S. residents in the war on terror.
This looks like a huge plus for Alito in my book. Anyone screaming it is wrong to monitor who known terrorists overseas contact here in the US is simply sitting on the wrong side of this debate. 80% of the people are for catching the terrorists by these kinds of means if necessary. Only the 20% of liberal mad with Bush Derangement Syndrome are backing the terrorists’ right to communicate, coordinate and execute their plans without bothersome wiretaps.
Well Roberston is still on the US District Court it appears:
Federal Judge Calls Gitmo Detentions “Unlawful”
This news on Guantanamo Bay: the Washington Post is reporting a federal judge has ruled the detention of two ethnic Uighurs at the U.S. prison is “unlawful”, but says he does not have the authority to release them. On Thursday, U.S. District Judge James Robertson said the government has taken too long to release Abu Bakker Qassim and Adel Abdu Hakim — who have been jailed for four years. The two have been cleared for release, but not returned to China where they would likely face torture or execution.
I found confirmation of this in the Washington Post, but it is not the administration’s fault. Seems no country wants to touch these ‘innocent’ people.
U.S. District Judge James Robertson criticized the government’s detention of Abu Bakker Qassim and Adel Abdu Hakim, who have been jailed at Guantanamo for four years; they have been cleared for release because the government has determined they are not enemy combatants and are not a threat to the United States. But Robertson said his court has “no relief to offer” because the government has not found a country to accept the men and because he does not have authority to let them enter the United States.
The judge seems to be frustrated with the reality and is calling it a crime these people can find no one who will take them in
“The detention of these petitioners has by now become indefinite,” Robertson wrote in a 12-page opinion. “This indefinite imprisonment at Guantanamo Bay is unlawful.”
Judge, they are not imprisoned if they simple have no place to go. Even he backed away from taking responsibility for these poor ‘innocent’ victims:
In a hearing last week, Robertson called the cases of the Uighurs (pronounced wee-gurs) a “classic dilemma” and proposed allowing them restricted asylum in the United States. He rejected that concept yesterday, deciding that the executive branch has control over immigration and that such a move “would have national security and diplomatic implications beyond the competence or the authority of this Court.”
Is he clearing his docket of cases so he can go on a hiatus? We will know soon enough. Judge Roberts is due to be assigned emergency cases at the US District Court January 1-2, 20o6. We shall see if that status remains for the time being. Robertson is also assigned Motions Court for February.
If Robertson is under investigation, it should be ‘leaked’ fairly quickly.