A victory in the war on terror
Let’s hear it for U.S. District Judge Matthew F. Kennelly! Via AP:
A federal judge on Tuesday dismissed a lawsuit that sought to bar AT&T from giving the government telephone records without warrants, saying it would require disclosures that would “adversely affect our national security.”
Judge Matthew F. Kennelly said disclosing whether AT&T had given such records to the supersecret National Security Agency in its hunt for terrorists would violate the government’s right to keep state secrets.
“The court is persuaded that requiring AT&T to confirm or deny whether it has disclosed large quantities of telephone records to the federal government could give adversaries of this country valuable insight into the government’s intelligence activities,” the 40-page opinion said.
Stop The ACLU has more, including the reactions from Daily Kos readers. Heh.
Judge Kennelly is a judge who gets it. I’m reminded of another one, who I blogged about last July: Judge William Young. Here are the comments he made to convicted shoe bomber Richard Reid at his sentencing hearing January 30, 2003:
This is the sentence that is provided for by our statutes. It is a fair and a just sentence. It is a righteous sentence. Let me explain this to you.
We are not afraid of any of your terrorist co-conspirators, Mr. Reid. We are Americans. We have been through the fire before. There is all too much war talk here. And I say that to everyone with the utmost respect.
Here in this court where we deal with individuals as individuals, and care for individuals as individuals, as human beings we reach out for justice.
You are not an enemy combatant. You are a terrorist. You are not a soldier in any war. You are a terrorist. To give you that reference, to call you a soldier gives you far too much stature. Whether it is the officers of government who do it or your attorney who does it, or that happens to be your view, you are a terrorist.
And we do not negotiate with terrorists. We do not treat with terrorists. We do not sign documents with terrorists.
We hunt them down one by one and bring them to justice.
So war talk is way out of line in this court. You’re a big fellow. But you’re not that big. You’re no warrior. I know warriors. You are a terrorist. A species of criminal guilty of multiple attempted murders.
In a very real sense Trooper Santiago had it right when first you were taken off that plane and into custody and you wondered where the press and where the TV crews were and you said you’re no big deal. You’re no big deal.
What your counsel, what your able counsel and what the equally able United States attorneys have grappled with and what I have as honestly as I know how tried to grapple with, is why you did something so horrific. What was it that led you here to this courtroom today? I have listened respectfully to what you have to say. And I ask you to search your heart and ask yourself what sort of unfathomable hate led you to do what you are guilty and admit you are guilty of doing.
And I have an answer for you. It may not satisfy you. But as I search this entire record it comes as close to understanding as I know.
It seems to me you hate the one thing that to us is most precious. You hate our freedom. Our individual freedom. Our individual freedom to live as we choose, to come and go as we choose, to believe or not believe as we individually choose.
Here, in this society, the very winds carry freedom. They carry it everywhere from sea to shining sea. It is because we prize individual freedom so much that you are here in this beautiful courtroom. So that everyone can see, truly see that justice is administered fairly, individually, and discretely.
It is for freedom’s seek that your lawyers are striving so vigorously on your behalf and have filed appeals, will go on in their, their representation of you before other judges. We care about it. Because we all know that the way we treat you, Mr. Reid, is the measure of our own liberties.
Make no mistake though. It is yet true that we will bear any burden; pay any price, to preserve our freedoms.
Look around this courtroom. Mark it well. The world is not going to long remember what you or I say here. Day after tomorrow it will be forgotten. But this, however, will long endure. Here, in this courtroom, and courtrooms all across America, the American people will gather to see that justice, individual justice, justice, not war, individual justice is in fact being done.
The very President of the United States through his officers will have to come into courtrooms and lay out evidence on which specific matters can be judged, and juries of citizens will gather to sit and judge that evidence democratically, to mold and shape and refine our sense of justice.
See that flag, Mr. Reid? That’s the flag of the United States of America. That flag will fly there long after this is all forgotten. That flag still stands for freedom. You know it always will. Custody, Mr. Officer. Stand him down.
Where’s the “salute” emoticon when you need it?