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-   -   Did the Bush admin break the law? (https://thetfp.com/tfp/tilted-politics/98845-did-bush-admin-break-law.html)

Poppinjay 12-20-2005 11:04 AM

Quote:

Originally Posted by Ustwo
I find it amusing how Bush is called an idiot and later the same people claim he is able to pull of moves that would make Machiavelli proud.

I would hardly consider this ham fisted approach to law enforcement as Machiavellian. More like Nixonian. Clumsy. Stupid. Dangerous.

alpha phi 12-20-2005 11:45 AM

So how is domestic spying dangerous to you?
.........Your children?
.........This will prevent terrorism?

Wal-Mart Turns in Student’s Anti-Bush Photo, Secret Service Investigates Him

Federal agents visited a college senior two months ago because he requested a book written by Mao Tse-Tung.

Colorado Band Singing Dylan Song Seen as Threatening President Bush

High school student grilled by US Secret Service over artwork

Secret Service Questions Student for Anti-Bush T-Shirt

Secret Service agents visited Oakland High and interrogated two 16 year-old male students in connection with comments they had allegedly made during a classroom discussion concerning President Bush and the U.S. Government's role in Iraq.

Nah!.......nothing wrong with this picture......their just protecting us
Yea.....that's the ticket
Squash that dissent early.......that'll show them foreign terrorists
And it's all nice and legal.....the lawmakers said so!
Morality? what's that got to do with anything?

trickyy 12-20-2005 11:47 AM

Quote:

Originally Posted by Ustwo
You didn't hear/read the Q and A session did you. One thing the pesident pointed out was they were legally only able to monitor calls that were sent out of or into the USA, not inside the USA itself. They could monitor calls to France but not calls from NY to LA. For someone so blatently breaking the law, why would they follow this policy? Perhaps, again, no laws were in fact broken.

hmm, they should build that aspect into a law instead of just doing it. is there a case where legislators were told that they needed to enact such a provision and refused? was it even suggested?

another argument i heard was relating to the urgent nature of the searches/taps. as already mentioned, the law allows for retroactive warrants. the approval is basically a rubber stamp, even moreso for the doomsday scenarios used to justify these secret procedures.

i don't think vague language about doing "anything necessary" legally trumps all specific laws that stand in the way. if no laws are being broken, i would hope either 1) they aren't doing what has been alleged or 2) they have a better justification. gonzales has demonstrated his flawed legal understanding before...as a result our country has had to deal with many problems concerning torture.

stevo 12-20-2005 12:07 PM

Quote:

Originally Posted by trickyy
i don't think vague language about doing "anything necessary" legally trumps all specific laws that stand in the way. if no laws are being broken, i would hope either 1) they aren't doing what has been alleged or 2) they have a better justification. gonzales has demonstrated his flawed legal understanding before...as a result our country has had to deal with many problems concerning torture.

how is "anything necessary" vague? Its pretty clear to me. A-N-Y-T-H-I-N-G necessary. What congress gave the president following 9/11 was tantamount to a declaration of war. He was given the powers to do whatever he needed to catch people involved in 9/11 and al-qaeda and to prevent any future terrorist attacts. Since they gave him this power "he" can spy on people suspected of having terrorist ties. Not just ordinary americans, but people with suspected ties. You have a problem with our government listening in on calls between suspected al-qaeda in the US and agents outside the US?

alpha phi 12-20-2005 12:14 PM

Quote:

Originally Posted by stevo
how is "anything necessary" vague? Its pretty clear to me. A-N-Y-T-H-I-N-G necessary. What congress gave the president following 9/11 was tantamount to a declaration of war. He was given the powers to do whatever he needed to catch people involved in 9/11 and al-qaeda and to prevent any future terrorist attacts. Since they gave him this power "he" can spy on people suspected of having terrorist ties. Not just ordinary americans, but people with suspected ties. You have a problem with our government listening in on calls between suspected al-qaeda in the US and agents outside the US?

spying on and harassing ordinary americans is what they are doing.
see my above post for just a few examples
also add anti-war groups
also add envirmentalists
also add political enemies
This is where they have crossed the line

trickyy 12-20-2005 12:53 PM

Quote:

Originally Posted by stevo
how is "anything necessary" vague? Its pretty clear to me. A-N-Y-T-H-I-N-G necessary. What congress gave the president following 9/11 was tantamount to a declaration of war. He was given the powers to do whatever he needed to catch people involved in 9/11 and al-qaeda and to prevent any future terrorist attacts. Since they gave him this power "he" can spy on people suspected of having terrorist ties. Not just ordinary americans, but people with suspected ties. You have a problem with our government listening in on calls between suspected al-qaeda in the US and agents outside the US?

it is vague in application. if this statement is to be streched as far as possible, you can indeed apply it to anything. in that case, why enumerate various powers through legislation? this phrase holds more weight than much more specific laws on the books (FISA) or any law anywhere...! there has been a lot of debate over the mechanics of the patriot act in the last month. yet this short phrase renders volumes of material superfluous? the president actually possesses unbounded power and priviledge to do whatever he wants, even something blatantly unconstitutional or illegal (even torture, assassination, etc.), provided it can be said to prevent terrorism?

that is ridiculous. this statement can not give the president power to do anything under the sun. there must be limits. in my opinion, these limits can be found in better established laws.

i don't "have a problem" with the gov't protecting us from terrorists. surely if they are doing this, the FISA court will grant them permission...just as it has thousands of times before. i don't understand why they wish to bypass this simple procedure.

stevo 12-20-2005 12:54 PM

Quote:

Originally Posted by alpha phi
spying on and harassing ordinary americans is what they are doing.
see my above post for just a few examples
also add anti-war groups
also add envirmentalists
also add political enemies
This is where they have crossed the line

This thread doesn't have anything to do with that. we have 5 previous pages on this thread about how bush broke the law by authorizing wiretaps. I've read the links you posted before. We've discussed them before. When the secret service is called because someone has a suspicion they have to check it out. Thats their job. If you notice, the only instance where the secret service came without being notified by another party beforehand was the library case. Book's on a list, person's background is suspicious, so they check it out. No one was beaten or thrown in prison. And none of that has anything to do with bush authorizing wiretaps.

stevo 12-20-2005 12:56 PM

Quote:

Originally Posted by trickyy
it is vague in application. if this statement is to be streched as far as possible, you can indeed apply it to anything. in that case, why enumerate various powers through legislation? this phrase holds more weight than much more specific laws on the books (FISA) or any law anywhere...! there has been a lot of debate over the mechanics of the patriot act in the last month. yet this short phrase renders volumes of material superfluous? the president actually possesses unbounded power and priviledge to do whatever he wants, even something blatantly unconstitutional or illegal (even torture, assassination, etc.), provided it can be said to prevent terrorism?

that is ridiculous. this statement can not give the president power to do anything under the sun. there must be limits. in my opinion, these limits can be found in better established laws.

i don't "have a problem" with the gov't protecting us from terrorists. surely if they are doing this, the FISA court will grant them permission...just as it has thousands of times before. i don't understand why they wish to bypass this simple procedure.

Yes, and by receiving the authorization from congress to do anything necessary FISA allows the president much lattitude in what surveillance to undertake.

pan6467 12-20-2005 12:57 PM

Quote:

Originally Posted by stevo
Yes, and by receiving the authorization from congress to do anything necessary FISA allows the president much lattitude in what surveillance to undertake.

Except to have unwarranted taps on US "persons".

pan6467 12-20-2005 01:11 PM

Quote:

Originally Posted by stevo
This thread doesn't have anything to do with that. we have 5 previous pages on this thread about how bush broke the law by authorizing wiretaps. I've read the links you posted before. We've discussed them before. When the secret service is called because someone has a suspicion they have to check it out. Thats their job. If you notice, the only instance where the secret service came without being notified by another party beforehand was the library case. Book's on a list, person's background is suspicious, so they check it out. No one was beaten or thrown in prison. And none of that has anything to do with bush authorizing wiretaps.

I disagree, I think it sets a disturbing pattern, especially the one you point out about the book and library..... and there were a few on there that were news to me, so if they were debated here I missed them.

Anytime we have "books" on any freaking list that makes the government take notice, becomes a time when government has become too powerful and too "big brother-ish".

It is apparent reading these, the taps and other items that have been posted in the past..... that Bush is using whatever powers he has not just to combat terrorism but for his own gains and at his own whims.

These are interesting times indeed, they are scary, intriguing and yet overall the same as any other, yet we make them to be bigger than they are, because we wish to be a part of history. The problem with making them bigger than they are..... is that sometimes they become self fulfilling prophecies, sometimes they are bigger than we make them, because we focus on something else and sometimes things are truly as bad and as big as we make them, yet seem too outlandish and too big to believe.

Bush's Administration, I fear falls into all of the above scenarios, with a heavy dose of the latter scenario.

alpha phi 12-20-2005 01:16 PM

Quote:

Originally Posted by stevo
This thread doesn't have anything to do with that. we have 5 previous pages on this thread about how bush broke the law by authorizing wiretaps. I've read the links you posted before. We've discussed them before. When the secret service is called because someone has a suspicion they have to check it out. Thats their job. If you notice, the only instance where the secret service came without being notified by another party beforehand was the library case. Book's on a list, person's background is suspicious, so they check it out. No one was beaten or thrown in prison. And none of that has anything to do with bush authorizing wiretaps.

It has everything to do with this administrations criminal activity.
The thread title is: Did the Bush admin break the law?
The wire taps are being done to anti-war groups,
enviromentalists,animal rights groups,students, and political enemies
It goes to show the environment of overreaching
dissent squashing, fear mongering, criminal activity
Perpretrated by this current adminstration.
But it gets worse.....
Ever stop to think about the future?
If this precident is allowed to stand
The next adminstration maybe opposed
to your viewpoint.....

dksuddeth 12-20-2005 01:43 PM

is 'anything necessary' a free ticket to violate standing precedents and laws?

shakran 12-20-2005 05:32 PM

Quote:

Originally Posted by Ustwo
I am upset with the republican party as a whole as they backed off of the tough talk after the 1994 'revolution' (thanks Bill) and have done very little meaningful reduction in government.

That's because your party is being run by people who do not believe in what your party claims to, and used to, believe in - namely fiscal conservatism. That's really not a bad concept, but unfortunately, somehow the leaders of your party have redefined it to mean "shift funding from what we don't like to what we do, and call it budget cuts, and then lower taxes so we end up with a net loss."

The old republican party would never have endorsed that approach.



Quote:

I do think he is handling the war on terror quite well
I'm curious as to your reasoning there - how can you think that when the terrorist who attacked us is still running loose and we're making little to no effort to catch him - and in fact we're spending much more energy in Iraq, who didn't attack us, than we are going after bin Laden, who did.


Quote:

, I think the whines about losing civil liberties is a bunch of B.S. No one here is really outraged it just a new angle for the left to work on hoping it will 'stick'. Its been a constant stream of attacks to the point its just noise.
Sorry, I am outraged. Any time you take the constitution and say "we must not deviate from the instructions of this document unless we REALLY feel like it" you are making a mockery of the founding philosophies of this country.

Stripping people of thier civil rights is NOT defending America because it is changing America into something that its founders, and its citizens, would never want.



Quote:

I find it amusing how Bush is called an idiot and later the same people claim he is able to pull of moves that would make Machiavelli proud.
Why? With Rove as the puppeteer a goat could pull off shenanigans like that. Bush IS dumb. Either that, or he's a damn good actor. But you don't need a smart person when that person is the figurehead who is being controlled by people sitting in the wings, namely, Rove, Cheney, Rumsfeld, et al.




Quote:

Its been hysteria on the left since they lost power and lost control of the debate and while I'm glad they have been exposed to the American people for what they are at last, I am sad that the facade of civilitiy and in some cases sanity is gone.
This is an example of the hypocracy your party is famous for. I've never noticed any republicans giving a democrat a break when he's in power. Don't whine when the democrats do the same thing to you. I also find it interesting that right after you accuse the democrats of whining you whine that they're being mean to your president.

Elphaba 12-20-2005 06:07 PM

I don't believe this is a complete list, so I will ask for additions. How has the perception of the United States changed since 2001?

- We torture prisoners
- We have suspended habeus corpus
- We kidnap "suspected" terrorists on foreign territory
- We have acquiesed to FBI, CIA, Pentagon and NSA spying on US citizens
- We have corrupted the press with paid propaganda and the threat of exclusion
- We engage in "preemptive" war (the worst oxymoron)

The corruption of this administration is simply a symptom of a larger cause.

The sheeple continue to graze on sparse grass, content in their ideology.

Rekna 12-20-2005 06:13 PM

This quote sums up my feelings.

Quote:

They who would give up an essential liberty for temporary security, deserve neither liberty or security.

Benjamin Franklin

samcol 12-20-2005 06:24 PM

Quote:

Originally Posted by Rekna
This quote sums up my feelings.

It doesn't get anymore cut and dry than that, and Elphaba's list is everything America used to be 100% against.

maximusveritas 12-20-2005 08:42 PM

Pretty much every nonpartisan expert on these issues has come down hard on President Bush for this. At the very least, he mistakenly overstepped his authority. Alternatively, he intentionally broke the law while lying to the American people about it. The White House's explanation of this revelation has been so weak and defensive that I'm betting this is only going to get worse for the President the deeper we look.

pan6467 12-20-2005 09:26 PM

Quote:

Originally Posted by Elphaba

The sheeple continue to graze on sparse grass, content in their ideology.

I agreed with everything till that right there.

I am the eternal optimist, I believe in the PEOPLE (we, none of us are sheeple). We are a nation that has proven time and again when the need arises we stand up.

This administration preyed on people's fears after 9/11 to get all they wanted, and now the truth comes out and they are no able to contain it. Change does not happen overnight, the case will be built and we will have justice, it just takes time.

The people will take notice and do something. It takes time for the people to get riled up enough before they demand justice.... and the time is now at hand. The administration is totally losing control and their pathetic excuses are no longer holding water.

Grey2000 12-20-2005 10:01 PM

Quote:

Originally Posted by pan6467
I really don't believe anyone on here believes there are no terrorists. The problem existing is the fact we have a president who puts himself above the law and in every action claims he does it because he's fighting terrorists.

I think some of us don't buy into that reasoning. Get the warrants, keep the bad guys in prison. Do it the right way.

Serious question ..

Do you see terrorism as a criminal threat or a military threat ?

shakran 12-20-2005 10:15 PM

Quote:

Originally Posted by pan6467
I agreed with everything till that right there.

I am the eternal optimist, I believe in the PEOPLE (we, none of us are sheeple). We are a nation that has proven time and again when the need arises we stand up.


Yes, but we are also a nation that has proven time and again that we will sit around and refuse to educate ourselves about the problem until it is a ridiculously large one. The situation we're in right now wasn't hard to predict. I called it LONG before Iraq was invaded. It was obvious to anyone who bothered to look that they had NO justifiable evidence for WMD's, which of course meant they had NO justifiable reason for the war (and you didn't even have to look that hard to see how shaky the WMD fairytale was - just watch Colin Powell's bullshit speech to the UN on the subject to see how flimsy their case was).

And then last year, even though we were chest deep in manure already, the American people (probably) elected the guy again. (I say probably because there ARE some issues revolving around the Diebold voting machines that will probably never be investigated and therefore the '04 election will ALWAYS be questionable) I'm the first one to say Kerry wasn't great, but good grief - Bush was a KNOWN failure, yet he waltzed right back into office. And as I predicted back then, 3 months later people started waking up.

The people always wake up too late, and that frankly frustrates the hell out of me.

So yeah, I'd say "sheeple" is often an apt term.

Grey2000 12-20-2005 10:18 PM

Quote:

Originally Posted by Elphaba
I don't believe this is a complete list, so I will ask for additions. How has the perception of the United States changed since 2001?

As you say, perception. And what shapes perception ?

Who's opinions mean something to Joe Average ?

Mainstream news media, stand-up comics, celebrities and cartoonists.
Sounds simplistic, but its true.

Ooohh, and wait, what side do they lean to I wonder ?

Also, I live in South Africa and my perception hasn't changed. I believe in what America stands for and believe in her intentions for the middle-east and the world.

Nixon used to refer to the 'silent majority' - myself and millions others worldwide form part of that group.

Because its a socially-established meme (through repetition) that bush=hitler its actually socially unacceptable to support the Bush administration, which means that polls won't tell the whole story, because people are reluctant to admit their support.

America's worldwide support would be just fine if her own citizens could look past their utopian ideologies and face the harsh realties of the modern world.
An America united behind president Bush ('we support the troops' doesn't cut it) would have seen the Iraq well on its way to peace and prosperity already.

The fact that liberals are so commited to ideology above reality that they would actively undermine their own armed forces is reprehensible to me.

Thank God liberalism didn't have such a shrill voice in the 40's.

host 12-20-2005 10:39 PM

Quote:

Originally Posted by stevo
how is "anything necessary" vague? Its pretty clear to me. A-N-Y-T-H-I-N-G necessary. What congress gave the president following 9/11 was tantamount to a declaration of war. He was given the powers to do whatever he needed to catch people involved in 9/11 and al-qaeda and to prevent any future terrorist attacts. Since they gave him this power "he" can spy on people suspected of having terrorist ties. Not just ordinary americans, but people with suspected ties. You have a problem with our government listening in on calls between suspected al-qaeda in the US and agents outside the US?

stevo, this is a sequence, in chronological order, of what I "know" about the possibility that Bush has "broken the law". It appears that Bush, himself, in an April 20, 2004 speech where he tried to persuade his audience that the Patriot Act should be strengthened and renewed, and his Atty General nominee, Alberto Gonzales, in his sworn senate commitee testimony on Jan. 6, 2005, while answering questions put to him by Senator Feingold, were both untruthful about ongoing wire-tap policies that they had authorized, and implemented.

Please read these excerpts, or the whole linked pages, and comment about what you disagree with in the excerpts, as well as in my comments above, and why. I want to gain a sense on how far apart our views on this issue actually are, before I post questions about what your comments here. Maybe you have read different reports than I have, and maybe there are things that I am citing here that are new to you.....
Quote:

http://www.whitehouse.gov/news/relea...0040420-2.html
For Immediate Release
Office of the Press Secretary
April 20, 2004

President Bush: Information Sharing, Patriot Act Vital to Homeland Security
Remarks by the President in a Conversation on the USA Patriot Act
Kleinshans Music Hall
Buffalo, New York

........ So the first thing I want you to think about is, when you hear Patriot Act, is that we changed the law and the

bureaucratic mind-set to allow for the sharing of information. It's vital. And others will describe what that means.

Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking

about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about

chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to

understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to

protect our homeland, because we value the Constitution.

But a roving wiretap means -- it was primarily used for drug lords. A guy, a pretty intelligence drug lord would have a

phone, and in old days they could just get a tap on that phone. So guess what he'd do? He'd get him another phone,

particularly with the advent of the cell phones. And so he'd start changing cell phones, which made it hard for our DEA types

to listen, to run down these guys polluting our streets. And that changed, the law changed on -- roving wiretaps were

available for chasing down drug lords. They weren't available for chasing down terrorists, see? And that didn't make any

sense in the post-9/11 era. If we couldn't use a tool that we're using against mobsters on terrorists, something needed to

happen.

The Patriot Act changed that. So with court order, law enforcement officials can now use what's called roving wiretaps, which

will prevent a terrorist from switching cell phones in order to get a message out to one of his buddies.

Thirdly, to give you an example of what we're talking about, there's something called delayed notification warrants. Those

are very important. I see some people, first responders nodding their heads about what they mean. These are a common tool

used to catch mobsters. In other words, it allows people to collect data before everybody is aware of what's going on. It

requires a court order. It requires protection under the law. We couldn't use these against terrorists, but we could use

against gangs.........
Quote:

http://www.senate.gov/~feingold/stat...005127955.html
Senate Foreign Relations Committee Hearing on the Nomination of Alberto Gonzales to be U.S. Attorney General
January 6, 2005

SECTION: CAPITOL HILL HEARING

HEADLINE: HEARING OF THE SENATE FOREIGN RELATIONS COMMITTEE

SUBJECT: NOMINATION OF ALBERTO GONZALES TO BE U.S. ATTORNEY GENERAL

FEINGOLD:

.....So what I want to do is press you on that, because I think, perhaps, you've misunderstood the question. And it's an

important one. It goes to a very basic principle of the country, that no one, not even the president of the United States, is

above the law.......

.....The question here is: What is your view regarding the president's constitutional authority to authorize violations of

the criminal law, duly enacted statutes that may have been on the books for many years, when acting as commander in chief?

Does he have such authority? The question you have been asked is not about a hypothetical statute in the future that the

president might think is unconstitutional; it's about our laws and international treaty obligations concerning torture. The

torture memo answered that question in the affirmative. And my colleagues and I would like your answer on that today.

And I also would like you to answer this: Does the president, in your opinion, have the authority, acting as commander in

chief, to authorize warrantless searches of Americans' homes and wiretaps of their conversations in violation of the criminal

and foreign intelligence surveillance statutes of this country?

GONZALES:

Senator, the August 30th memo has been withdrawn. It has been rejected, including that section regarding the commander in

chief authority to ignore the criminal statutes. So it's been rejected by the executive branch. I categorically reject it.

And in addition to that, as I've said repeatedly today, this administration does not engage in torture and will not condone

torture. And so what we're really discussing is a hypothetical situation that...

FEINGOLD:

Judge Gonzales, I've asked a broader question. I'm asking whether, in general, the president has constitutional authority --

does he at least in theory have the authority to authorize violations of the criminal law when there are duly enacted

statutes, simply because he's commander in chief?

FEINGOLD:

Does he have that power?

GONZALES:

Senator, in my judgment, you phrase it as sort of a hypothetical situation. I would have to know what is the national

interest that the president may have to consider.

What I'm saying is, it is impossible to me, based upon the question as you've presented it to me, to answer that question.

I can say is that there is a presumption of constitutionality with respect to any statute passed by Congress. I will take an

oath to defend the statutes.

And to the extent that there is a decision made to ignore a statute, I consider that a very significant decision and one that

I would personally be involved with, I commit to you on that, and one we would take with a great deal of care and

seriousness.

FEINGOLD:

Well, that sounds to me like the president still remains above the law.

GONZALES:

No, sir.

FEINGOLD:

You know, if this is something where you take a good look at it, you give a presumption that the president ought to follow

the law, to me, that's not good enough under our system of government.

GONZALES:

Senator, if I might respond to that, the president is not above the law. Of course he is not above the law.

But he has an obligation too. He takes an oath as well. And if Congress passes a law that is unconstitutional, there is a

practice and a tradition recognized by presidents of both parties that he may elect to decide not to enforce that law. Now I

think that that would be...

FEINGOLD:

I recognized and I tried to make that distinction, Judge, between electing not to enforce as opposed to affirmatively telling

people they can do certain things in contravention of the law.

GONZALES:

Senator, this president is not -- it's not the policy or the agenda of this president to authorize actions that would be in

contravention of our criminal statutes.

FEINGOLD:

Finally, will you commit to notify Congress if the president makes this type of decision and not wait two years until a memo

is leaked about it?

GONZALES:

I will commit to advise the Congress as soon as I legally can, yes, sir.

FEINGOLD:

Well, I hope that would be a very brief period of time. And I thank you again, Judge Gonzales.

GONZALES:

Thank you, Senator.

FEINGOLD:

Thank you, Mr. Chairman.
Quote:

http://www.nytimes.com/2005/12/16/po...16program.html
Bush Lets U.S. Spy on Callers Without Courts
By JAMES RISEN and ERIC LICHTBLAU
Published: December 16, 2005

WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to

eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the

court-approved warrants ordinarily required for domestic spying, according to government officials.

In 2002, President Bush toured the National Security Agency at Fort Meade, Md., with Lt. Gen. Michael V. Hayden, who was then

the agency's director and is now a full general and the principal deputy director of national intelligence.

Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and

international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the

past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they

said, still seeks warrants to monitor entirely domestic communications.

The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift

in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on

communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the

surveillance has stretched, if not crossed, constitutional limits on legal searches....
Quote:

http://www.whitehouse.gov/news/relea.../20051217.html
For Immediate Release
Office of the Press Secretary
December 17, 2005

President's Radio Address

......To fight the war on terror, I am using authority vested in me by Congress, including the Joint Authorization for Use of

Military Force, which passed overwhelmingly in the first week after September the 11th. I'm also using constitutional

authority vested in me as Commander-in-Chief.

In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with U.S.

law and the Constitution, to intercept the international communications of people with known links to al Qaeda and related

terrorist organizations. Before we intercept these communications, the government must have information that establishes a

clear link to these terrorist networks.

This is a highly classified program that is crucial to our national security. Its purpose is to detect and prevent terrorist

attacks against the United States, our friends and allies. Yesterday the existence of this secret program was revealed in

media reports, after being improperly provided to news organizations........

....The authorization I gave the National Security Agency after September the 11th helped address that problem in a way that

is fully consistent with my constitutional responsibilities and authorities. The activities I have authorized make it more

likely that killers like these 9/11 hijackers will be identified and located in time. And the activities conducted under this

authorization have helped detect and prevent possible terrorist attacks in the United States and abroad.

The activities I authorized are reviewed approximately every 45 days. Each review is based on a fresh intelligence assessment

of terrorist threats to the continuity of our government and the threat of catastrophic damage to our homeland. During each

assessment, previous activities under the authorization are reviewed. The review includes approval by our nation's top legal

officials, including the Attorney General and the Counsel to the President. I have reauthorized this program more than 30

times since the September the 11th attacks, and I intend to do so for as long as our nation faces a continuing threat from al

Qaeda and related groups......
Quote:

http://www.whitehouse.gov/news/relea...0051219-2.html
For Immediate Release
Office of the Press Secretary
December 19, 2005

Press Conference of the President
The East Room

......Q It was, why did you skip the basic safeguards of asking courts for permission for the intercepts?

THE PRESIDENT: First of all, I -- right after September the 11th, I knew we were fighting a different kind of war. And so I asked people in my administration to analyze how best for me and our government to do the job people expect us to do, which is to detect and prevent a possible attack. That's what the American people want. We looked at the possible scenarios. And the people responsible for helping us protect and defend came forth with the current program, because it enables us to move faster and quicker. And that's important. We've got to be fast on our feet, quick to detect and prevent.

We use FISA still -- you're referring to the FISA court in your question -- of course, we use FISAs. But FISA is for long-term monitoring. What is needed in order to protect the American people is the ability to move quickly to detect.

Now, having suggested this idea, I then, obviously, went to the question, is it legal to do so? I am -- I swore to uphold the laws. Do I have the legal authority to do this? And the answer is, absolutely. As I mentioned in my remarks, the legal authority is derived from the Constitution, as well as the authorization of force by the United States Congress.....

......Q -- why, in the four years since 9/11, has your administration not sought to get changes in the law instead of bypassing it, as some of your critics have said?

THE PRESIDENT: I appreciate that. First, I want to make clear to the people listening that this program is limited in nature to those that are known al Qaeda ties and/or affiliates. That's important. So it's a program that's limited, and you brought up something that I want to stress, and that is, is that these calls are not intercepted within the country. They are from outside the country to in the country, or vice versa. So in other words, this is not a -- if you're calling from Houston to L.A., that call is not monitored. And if there was ever any need to monitor, there would be a process to do that.

I think I've got the authority to move forward, Kelly. I mean, this is what -- and the Attorney General was out briefing this morning about why it's legal to make the decisions I'm making. I can fully understand why members of Congress are expressing concerns about civil liberties. I know that. And it's -- I share the same concerns. I want to make sure the American people understand, however, that we have an obligation to protect you, and we're doing that and, at the same time, protecting your civil liberties.

Secondly, an open debate about law would say to the enemy, here is what we're going to do. And this is an enemy which adjusts. We monitor this program carefully. We have consulted with members of the Congress over a dozen times. We are constantly reviewing the program. Those of us who review the program have a duty to uphold the laws of the United States, and we take that duty very seriously..........

....Q Thank you, Mr. President. I wonder if you can tell us today, sir, what, if any, limits you believe there are or should be on the powers of a President during a war, at wartime? And if the global war on terror is going to last for decades, as has been forecast, does that mean that we're going to see, therefore, a more or less permanent expansion of the unchecked power of the executive in American society?

THE PRESIDENT: First of all, I disagree with your assertion of "unchecked power."

Q Well --

THE PRESIDENT: Hold on a second, please. There is the check of people being sworn to uphold the law, for starters. There is oversight. We're talking to Congress all the time, and on this program, to suggest there's unchecked power is not listening to what I'm telling you. I'm telling you, we have briefed the United States Congress on this program a dozen times.

This is an awesome responsibility to make decisions on behalf of the American people, and I understand that, Peter. And we'll continue to work with the Congress, as well as people within our own administration, to constantly monitor programs such as the one I described to you, to make sure that we're protecting the civil liberties of the United States. To say "unchecked power" basically is ascribing some kind of dictatorial position to the President, which I strongly reject.

Q What limits do you --

THE PRESIDENT: I just described limits on this particular program, Peter. And that's what's important for the American people to understand. I am doing what you expect me to do, and at the same time, safeguarding the civil liberties of the country...
Quote:

http://msnbc.msn.com/id/10536559/site/newsweek/
Column/Between The Lines
Jonathan Alter

Bush’s Snoopgate
The president was so desperate to kill The New York Times’ eavesdropping story, he summoned the paper’s editor and publisher

to the Oval Office. But it wasn’t just out of concern about national security.

WEB-EXCLUSIVE COMMENTARY
By Jonathan Alter
Newsweek
Updated: 6:17 p.m. ET Dec. 19, 2005

.......No wonder Bush was so desperate that The New York Times not publish its story on the National Security Agency

eavesdropping on American citizens without a warrant, in what lawyers outside the administration say is a clear violation of

the 1978 Foreign Intelligence Surveillance Act. I learned this week that on December 6, Bush summoned Times publisher Arthur

Sulzberger and executive editor Bill Keller to the Oval Office in a futile attempt to talk them out of running the story. The

Times will not comment on the meeting,
but one can only imagine the president’s desperation.

The problem was not that the disclosures would compromise national security, as Bush claimed at his press conference. His

comparison to the damaging pre-9/11 revelation of Osama bin Laden’s use of a satellite phone, which caused bin Laden to

change tactics, is fallacious; any Americans with ties to Muslim extremists—in fact, all American Muslims, period—have long

since suspected that the U.S. government might be listening in to their conversations. Bush claimed that “the fact that we

are discussing this program is helping the enemy.” But there is simply no evidence, or even reasonable presumption, that this

is so. And rather than the leaking being a “shameful act,” it was the work of a patriot inside the government who was trying

to stop a presidential power grab.

No, Bush was desperate to keep the Times from running this important story—which the paper had already inexplicably held for

a year—because he knew that it would reveal him as a law-breaker. He insists he had “legal authority derived from the

Constitution and congressional resolution authorizing force.” But the Constitution explicitly requires the president to obey

the law. And the post 9/11 congressional resolution authorizing “all necessary force” in fighting terrorism was made in clear

reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in

any area in the name of fighting terrorism.......

pan6467 12-20-2005 10:59 PM

Quote:

Originally Posted by Grey2000
Serious question ..

Do you see terrorism as a criminal threat or a military threat ?

That's a broad and loaded question and no matter how one answers someone can point and say "see he"s easy on terrorists........ or ..... "see he puts catching terrorists above our civil rights."

It's a little bit of both, depending on the strength of the organization and where we are with the "war" on them.

We must protect ourselves from enemies foreign and domestic but we cannot sacrifice all that we believe in to do so. If we choose to go that route then the enemy has won far more than we ever will.

Does this answer give any legitimacy to the illegal actions and fear mongering this administration has done?

Absolutely not. We must find ways to battle without sacrificing the rights and way of life the enemy seems determined to destroy.

There were ways to legally perform these wiretaps and the President refused to adhere to them. Why?

Grey2000 12-21-2005 12:19 AM

Quote:

Originally Posted by pan6467
That's a broad and loaded question and no matter how one answers someone can point and say "see he"s easy on terrorists........ or ..... "see he puts catching terrorists above our civil rights."

It's a little bit of both, depending on the strength of the organization and where we are with the "war" on them.

That's exactly the problem right there. Your ideological outlook demands that you straddle the fence on an issue like this.

It wasn't even slightly loaded. Because its very important to answer this question one way or the other and not prevaricate and tie yourself up in knots as you consider the pros and cons (not that due consideration is wrong - just that at the end of it a decision must be reached.)

If you think its a criminal issue , then so be it, its an understandable, (if injudicious) point of view.

This is my point in a more general sense. - To actually make a decision on where you stand and then stick by it seems to be beyond most liberal ideology.

Like Kerry's flip-floppin' and Senator Clinton's playing the numbers, you haven't made a choice yet. You believe you don't really have to make a choice, don't you ? Your sense of personal morality is preserved because you feel you're on the 'good' side of the issue. The side of reason and moderation and due consideration.

However that can only ever satisfy your ideological moral viewpoint.

In the real world Joe Al Queda says - "yippee, the libs in the states are putting forward the exact viewpoints we need them to. Anyone got a phonecard for the US?"

I jest there, but you get the picture. No matter what your ideological point of view is, at the end of the day it comes down to physical activities performed by individuals - these activities you can make easier or harder. Its your choice.

Oh, and the answer to your 'why' question appears to have been answered already : Pure and simple expediency. Or do you have some proof of another motive ?

pan6467 12-21-2005 12:52 AM

OOO so because of my ideology now that gives the president the ok to commit illegal acts???????

Like the way YOU didn't post all of what I said..... you took out just what was useful to you hoping noone would see the rest.

Timothy McVeigh was a criminal and shopuld have been tried as such, because he was pretty much small time.

Al Quida is military because they are a tad more organized and their tentacles reach far and they can do far more damage.

However, fighting neither gives the president the right to justify breaking the law.

What because I don't agree with you you are going to attack me and my beliefs?

How soon until, what I just said, is grounds for the president to wiretap me?

Do I have to drink Bush's piss and believe it's lemonade like so many on the Right do?

And if I don't? If I stand up and say what is going on is wrong and needs to be stopped..... am I going to be considered the enemy????? I have already on here been accused of being a terrorist sympathizer, a non patriot, told to move elsewhere and so on.

I have been personally attacked and had someone on this board use my gambling addiction to do so (Been recovering for 6 proud years) and I'm the bad guy????

Been told I am wanting to be a martyr because I choose to work and better my life than use the system and quit to pay my medical bills..... and I'm the bad guy?????

Been told because I speak out and exorcise my RIGHT to speak out and express my displeasure with Bush and the government.... and I get accused of being anti-patriotic, a traitor, a terrorist sympathizer and so on.... and I'm the bad guy????

This is my country also and I have just as much right to believe and speak out as you do.... don't like it keep supporting Bush and turn me in as some form of criminal for my beliefs.....

I defer to Rekna's Ben Franklin quote as that pretty much says it all:

Quote:

They who would give up an essential liberty for temporary security, deserve neither liberty or security.

Benjamin Franklin
BTW what is your definition of "a terrorist"?

Grey2000 12-21-2005 01:23 AM

Well, since you asked...

Quote:

It's a little bit of both, depending on the strength of the organization and where we are with the "war" on them.
So no real decision one way or the other then ?

Quote:

We must protect ourselves from enemies foreign and domestic but we cannot sacrifice all that we believe in to do so. If we choose to go that route then the enemy has won far more than we ever will.
You don't have to sacrifice all you believe in, but you do have to recognize that the situation has changed - globally, and as you must well know, the compromise for the sake of security is always at the expense of freedom, without exception.

Trouble is you look down the road and think that every change to accomodate security will lead to a fascist state.

Quote:

Does this answer give any legitimacy to the illegal actions and fear mongering this administration has done?
'Fear Mongering' ? So there really aren't international terrorist organizations who will stop at nothing to kill and maim their ideological enemies, with their ultimate aim being the complete destruction of the non-islamofascist world? That was just made up ?

So here's the real truth, the perceptive break that liberals have with conservatives. Liberals believe that the threat is exagerated, conservatives believe we don't take it seriously enough.

Only one can be true though. Wonder which it is ?

Quote:

Absolutely not. We must find ways to battle without sacrificing the rights and way of life the enemy seems determined to destroy.
I love that 'must find ways' what does that mean in real terms ? when you're not willing to give up any of your freedoms at all ?

Another liberal trait - lots of things we shouldn't do, not many suggestions about what we should do.


Quote:

They who would give up an essential liberty for temporary security, deserve neither liberty or security.
Yeah, but read that quote carefully. The key word is 'essential' what essential liberties have you lost.

As to being accused of non-patriotism etc. It may seem cruel or nasty for you ta have been labeled in such a way. But if you believe that fighting your government will protect your country more than fighting the evil ideology it faces - then you are certainly not being patriotic, and whether you like it not, whether its done for the 'right reasons' or not, whether its 'speaking truth to power' or not is immaterial - you are harming your nations efforts.

For every action there is a consequence. You may not like the fact that your beliefs are an aid and comfort to the enemy but that doesn't stop it from being true.

And lastly :

Quote:

OOO so because of my ideology now that gives the president the ok to commit illegal acts???????
No, its your ideological outlook that convinces you that the actions are illegal.

pan6467 12-21-2005 02:47 AM

So you label and attack and who cares... your side is right I'm wrong....

Is that what you want to hear....

I offer clean debates and not one Righty takes me up on it.... hmmmm

You didn't address the personal attacks against me did you?

It's all or nothing with you isn't it?

Sorry to say but the world is in shades of gray not black and white.

I refuse to have anyone tell me that illegal wiretaps are being done for my own good.

I would rather run the risk of getting killed by a terrorist and living the way I choose than to allow my rights and freedoms to be trampled over by an egocentric president and his self righteous followers.....

sorry.

I'm tired of being attacked in other threads for my beliefs.... I'm tired of the Right picking and choosing what I say and adding their meaning to it and ignoring the rest.

I am tired of being stalked by someone on these boards, making snide personal attack remarks. I am tired of people using my personal life and issues on these boards to pick fights... there's no debates...... I offered to have one in another thread not 1 taker.... wonder why. Because maybe the Right can't... all they can do is attack and make things personal?

I'm tired of having my patriotism and my beliefs questioned by self righteous assholes who keep telling me I'm unpatriotic, I'm a terrorist sympathizer I'm.... whatever because I refuse to believe I have to give up ANY of my God given rights to appease them.

The president broke the law.... but let's ignore that and attack those who speak out.... it's old it's bullshit and it is tearing this nation apart faster and far more effectively than any fucking terrorist ever will.

Hardknock 12-21-2005 02:49 AM

Quote:

Originally Posted by Grey2000
As you say, perception. And what shapes perception ?

Who's opinions mean something to Joe Average ?

Mainstream news media, stand-up comics, celebrities and cartoonists.
Sounds simplistic, but its true.

Ooohh, and wait, what side do they lean to I wonder ?

Also, I live in South Africa and my perception hasn't changed. I believe in what America stands for and believe in her intentions for the middle-east and the world.

Nixon used to refer to the 'silent majority' - myself and millions others worldwide form part of that group.

Because its a socially-established meme (through repetition) that bush=hitler its actually socially unacceptable to support the Bush administration, which means that polls won't tell the whole story, because people are reluctant to admit their support.

America's worldwide support would be just fine if her own citizens could look past their utopian ideologies and face the harsh realties of the modern world.
An America united behind president Bush ('we support the troops' doesn't cut it) would have seen the Iraq well on its way to peace and prosperity already.

The fact that liberals are so commited to ideology above reality that they would actively undermine their own armed forces is reprehensible to me.

Thank God liberalism didn't have such a shrill voice in the 40's.

Ideology above reality? I don't agree. We've been spouting reality since before this debacle of a war began. Iraq was doing just fine without us going in the in the first place. And don't give me any "well Saddam was a bad man and he had to go so we had no choice but to invade" crap. Everytime some sheep spouts this from their mouth I reply with why are Castro, Kim IL Sung, Hu Jintao still in power? I have yet to receive an answer.

Just in case you don't remember, Bush had approval ratings of 85% right after 9/11 happened. The entire country was behind him in the goal of capturing Bin Laden. Now, four years later, he has since pissed it all away with his underground policies and secret agendas. All in the name of "security”. Hogwash. Bush did it to himself.

I also don't think that liberals purposely try to undermine our armed forces. I'm curious to where to got this perception. If anything, liberals are more responsible with our armed forces by using them when there is an actual need instead of fabricating evidence to send them to their premature deaths.

Grey, you need to understand that if any piece of America is destroyed; including all the freedoms that we currently have, then the terrorists have won. Once we turn our state of freedom, democracy, and liberty into a police state, they have won. We have laws and procedures that allow us everything we need to do to engage the enemy in this war but Bush chose to circumvent those procedures claiming that they would take too long. That's ridiculous since the courts can approve surveillance warrants in a matter of minutes if necessary. There was no reason for Bush to circumvent the system. The only reason he did it is that he knew it would be illegal. He even goes to the point where he got desperate to keep the story from breaking out. See this link. NSA officials even demanded that their names be taken off the order to eavesdrop because they questioned the legality of the order.

You want to know why I fight my government? I fight my current government because they are liars. Because they are crooks. Because they are cold-blooded murders. I fight them because they are against everything that this country stands for and that they try and justify every illegal action they do by hiding behind their 9/11 curtain by sending Bush on TV every week or so (notice how the intervals between the "please keep supporting the war" speeches have gotten shorter and shorter since Bush's approval rating has fallen further into the toilet) "pleading" his case to America trying to get the sheep in line with speeches that he didn't write. If we allow Bush to get away with this, then this is the beginning of the end of this great nation. I don't agree with the way my country was founded (on the backs of indigenous peoples) but I believe in the IDEA of America. The idea that ALL its citizens shall have life, liberty, and freedom from persecution. Bush does not believe in any of these things. I knew that the day he took office and on last Saturday, I believe that his admission was the straw that finally broke the camels back.

I believe in America. I believe in freedom. That makes me and anyone else who agrees with me TRUE patriots.

dksuddeth 12-21-2005 03:56 AM

Quote:

Originally Posted by Grey2000
That's exactly the problem right there. Your ideological outlook demands that you straddle the fence on an issue like this.

Now this is a problem I definitely have with most rabid left and right wingers. The unending inability to see anything more than two answers, right or wrong, left or right. There is NOTHING that is a cut and dried black or white answer when you consider large issues, i.e. terrorism or choose any other major issue. People talk about the political divide in america and how its tearing the nation apart but its those two radical sides that are causing it.

anyway, back on topic.....

stevo 12-21-2005 06:00 AM

Before you get on me about bringing up Clinton and Carter, wait. Its not about "well, look what Clinton did." Its about "If it wasn't illegal then, why is it illegal now?"
continue.
http://www.fas.org/irp/offdocs/eo/eo-12949.htm
Quote:

THE WHITE HOUSE

Office of the Press Secretary

________________________________________________________________________
For Immediate Release February 9, 1995


EXECUTIVE ORDER 12949

- - - - - - -
FOREIGN INTELLIGENCE PHYSICAL SEARCHES


By the authority vested in me as President by the Constitution
and the laws of the United States, including sections 302 and 303 of the
Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801,
et seq.), as amended by Public Law 103- 359, and in order to provide for
the authorization of physical searches for foreign intelligence purposes
as set forth in the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the Act, the
Attorney General is authorized to approve physical searches, without a
court order, to acquire foreign intelligence information for periods of
up to one year, if the Attorney General makes the certifications
required by that section.

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
General is authorized to approve applications to the Foreign
Intelligence Surveillance Court under section 303 of the Act to obtain
orders for physical searches for the purpose of collecting foreign
intelligence information.

Sec. 3. Pursuant to section 303(a)(7) of the Act, the following
officials, each of whom is employed in the area of national security or
defense, is designated to make the certifications required by section
303(a)(7) of the Act in support of applications to conduct physical
searches:

(a) Secretary of State;

(b) Secretary of Defense;

(c) Director of Central Intelligence;

(d) Director of the Federal Bureau of
Investigation;

(e) Deputy Secretary of State;

(f) Deputy Secretary of Defense; and

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that
capacity, may exercise the authority to make the above certifications,
unless that official has been appointed by the President, by and with
the advice and consent of the Senate.


WILLIAM J. CLINTON


THE WHITE HOUSE,
February 9, 1995.
http://www.fas.org/irp/offdocs/eo12139.htm
Quote:

EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE
EO 12139
23 May 1979

--------------------------------------------------------------------------------


By the authority vested in me as President by Sections 102 and
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1802 and 1804), in order to provide as set forth in that Act (this
chapter) for the authorization of electronic surveillance for
foreign intelligence purposes, it is hereby ordered as follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
is authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order, but only if the
Attorney General makes the certifications required by that Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act
of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to
approve applications to the court having jurisdiction under Section
103 of that Act (50 U.S.C. 1803) to obtain orders for electronic
surveillance for the purpose of obtaining foreign intelligence
information.

1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following
officials, each of whom is employed in the area of national
security or defense, is designated to make the certifications
required by Section 104(a)(7) of the Act in support of applications
to conduct electronic surveillance:

(a) Secretary of State.

(b) Secretary of Defense.

(c) Director of Central Intelligence.

(d) Director of the Federal Bureau of Investigation.

(e) Deputy Secretary of State.

(f) Deputy Secretary of Defense.

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that
capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the
President with the advice and consent of the Senate.

1-104. Section 2-202 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any electronic surveillance, as defined
in the Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this Order.''.

1-105. Section 2-203 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in accordance with that
Act as well as this Order.''.

Jimmy Carter.


http://nationalreview.com/york/york200512200946.asp
Quote:

Clinton Claimed Authority to Order No-Warrant Searches
Does anyone remember that?
In a little-remembered debate from 1994, the Clinton administration argued that the president has "inherent authority" to order physical searches — including break-ins at the homes of U.S. citizens — for foreign intelligence purposes without any warrant or permission from any outside body. Even after the administration ultimately agreed with Congress's decision to place the authority to pre-approve such searches in the Foreign Intelligence Surveillance Act (FISA) court, President Clinton still maintained that he had sufficient authority to order such searches on his own.

"The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General."

"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."

Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power."

Reporting the day after Gorelick's testimony, the Washington Post's headline — on page A-19 — read, "Administration Backing No-Warrant Spy Searches." The story began, "The Clinton administration, in a little-noticed facet of the debate on intelligence reforms, is seeking congressional authorization for U.S. spies to continue conducting clandestine searches at foreign embassies in Washington and other cities without a federal court order. The administration's quiet lobbying effort is aimed at modifying draft legislation that would require U.S. counterintelligence officials to get a court order before secretly snooping inside the homes or workplaces of suspected foreign agents or foreign powers."

In her testimony, Gorelick made clear that the president believed he had the power to order warrantless searches for the purpose of gathering intelligence, even if there was no reason to believe that the search might uncover evidence of a crime. "Intelligence is often long range, its exact targets are more difficult to identify, and its focus is less precise," Gorelick said. "Information gathering for policy making and prevention, rather than prosecution, are its primary focus."

The debate over warrantless searches came up after the case of CIA spy Aldrich Ames. Authorities had searched Ames's house without a warrant, and the Justice Department feared that Ames's lawyers would challenge the search in court. Meanwhile, Congress began discussing a measure under which the authorization for break-ins would be handled like the authorization for wiretaps, that is, by the FISA court. In her testimony, Gorelick signaled that the administration would go along a congressional decision to place such searches under the court — if, as she testified, it "does not restrict the president's ability to collect foreign intelligence necessary for the national security." In the end, Congress placed the searches under the FISA court, but the Clinton administration did not back down from its contention that the president had the authority to act when necessary.

It seemed to be OK when presidents clinton, carter, and even reagan issued executive orders to gather intelligence on US citizens without a warrant. But Mr. Bush does it and every liberal blows his top.

shakran 12-21-2005 06:15 AM

Quote:

Originally Posted by pan6467
So you label and attack and who cares... your side is right I'm wrong....

Is that what you want to hear....

I offer clean debates and not one Righty takes me up on it.... hmmmm


He's trapping you and you're falling for it. He's trying to get you side tracked arguing over what a terrorist is. If he can keep you mired in that maybe we will forget that the real issue is what a presidential crime is. You have to watch out for these tactics, because that political machine is VERY good at obfuscation and distraction. That's how they managed to get enough of the people behind the Iraq war to go through with it - by using smoke and mirrors to make it look like Saddam was a threat to us. Unfortunately not enough people saw through the deception in time. And now that their deceitful and imperialist, not to say criminal, actions have gotten them backed into a corner they're putting the machine into overdrive trying to distract everyone from the real issues long enough so they get away with it. Again.

Ustwo 12-21-2005 06:37 AM

Stevo stevo, those were done by DEMOCRAT presidents, not evil Hitler Bush. :lol:

I just saw those myself and was gonig to post but you beat me to it :)

Ustwo 12-21-2005 06:39 AM

Quote:

Originally Posted by Poppinjay
I would hardly consider this ham fisted approach to law enforcement as Machiavellian. More like Nixonian. Clumsy. Stupid. Dangerous.

Poppinjay I was refering to the big wacky left picture, not just this specificly. Plus if you read above, apparently Clinton and Carter decided do to the same type of thing by executive order. Oddly no one complained then.

pan6467 12-21-2005 06:46 AM

Quote:

Originally Posted by stevo
Before you get on me about bringing up Clinton and Carter, wait. Its not about "well, look what Clinton did." Its about "If it wasn't illegal then, why is it illegal now?"
continue.
http://www.fas.org/irp/offdocs/eo/eo-12949.htm


http://www.fas.org/irp/offdocs/eo12139.htm


http://nationalreview.com/york/york200512200946.asp


It seemed to be OK when presidents clinton, carter, and even reagan issued executive orders to gather intelligence on US citizens without a warrant. But Mr. Bush does it and every liberal blows his top.

I already answered that here post #57 http://www.tfproject.org/tfp/showthr...ge#post1962298

Quote:

So you people on the Right, where is the same outrage you showed for Waco? Ruby Ridge?

Same principles. Government saw someone breaking the law and refused to go about the right channels, instead the Constitution gets walked over and shat on and when Clinton did it the Right howled and cried foul and not their own president does it and they are making excuses why it was ok.

Clinton wasn't right for those instances above and had Congress tried to impeach him for those, I would probably have agreed.
Wrong is wrong. Illegal is illegal. And NO PRESIDENT is above the law when it comes to the rights of the people.

This quote came from your own National review article:

Quote:

Meanwhile, Congress began discussing a measure under which the authorization for break-ins would be handled like the authorization for wiretaps, that is, by the FISA court.


So in the end, yes, it is still illegal.

All the Carter stuff just puts into action the FISA court, who falls under its authority.

NIce try though to try to paint me as hypocritical.... but won't work.

Marvelous Marv 12-21-2005 07:02 AM

Quote:

Originally Posted by Ustwo
Poppinjay I was refering to the big wacky left picture, not just this specificly. Plus if you read above, apparently Clinton and Carter decided do to the same type of thing by executive order. Oddly no one complained then.

Here, let me provide the "reasoning" for that, before they say it again:

Quote:

Originally Posted by shakran
No, I don't. What I question is why you and others keep bringing Clinton up when someone points out wrongdoing by the current administration. I don't care if Clinton was a serial killer while in office - that wouldn't excuse the current candidate from responsibility for his actions. The fact that you guys keep bringing Clinton up shows me that you KNOW there's no defense for what the Bush administration has done, and you're trying to misdirect people so that they can't SEE that there's no excuse.

Quote:

Originally Posted by shakran
I really don't care what Clinton did. Why? Because Clinton isn't in office any more. I'm getting awfully tired of you guys using Clinton to excuse everything Bush has done and is doing. It doesn't matter what Clinton did as far as whether or not it excuses what Bush is doing. Nothing Clinton could possibly have done gives Bush a free pass to do whatever wrongs he wants to do. The sooner the liberals get that through their heads the better. Yes, I did say liberals. The "conservatives" (btw, if you side with bush, you're not a conservative) already know that - they're just trying to bullshit the liberals to distract from the inadequacies of their president.

It's called a free pass for stonewalling long enough. If you REALLY want to poke a gigantic hole in liberal logic, consider that anything Clinton did should be forgotten, but tax money should be given to any descendant of an American slave.

I think his quotes above were what he was referring to as "destroying my arguments," or some such nonsense, but I lost interest in talking to him because of the above.

Charlatan 12-21-2005 07:10 AM

Quote:

Originally Posted by Grey2000
Serious question ..

Do you see terrorism as a criminal threat or a military threat ?

Terrorism is a criminal threat and should be dealt with as such. Treating it as a mililtary threat simply serves to legitimize the terrorist's actions.

The military response to 9/11 and other terrorist actions has done more than anything to support Al Qaida's position that the US is an imperialist force with designs on controlling the Islamic nations (i.e. the Middle East).


The prevaritcation of others on this issue stems not from the unwillingness to do anything about Terrorists it stems from a lack of understanding about root causes of terrorism in the Middle East, the fact that terrorists in question are not a unified force and that the attacks being labelled "terrorist" are happening to both civilian and military targets.

It is being presented to most people in America (via the media) in a rather confounding way. Grey2000 you confuse a lack of clarity with a lack of conviction.

Charlatan 12-21-2005 07:15 AM

Quote:

Originally Posted by Marvelous Marv
It's called a free pass for stonewalling long enough. If you REALLY want to poke a gigantic hole in liberal logic, consider that anything Clinton did should be forgotten, but tax money should be given to any descendant of an American slave.

I think his quotes above were what he was referring to as "destroying my arguments," or some such nonsense, but I lost interest in talking to him because of the above.

All you are doing is trying to distract from the issue at hand by discussing something else... Arguing that Clinton did this, Clinton did that... is like saying, "But Jefferson owned slaves!!!"

OK. Clinton did some questionable things while he was in power. Why didn't people spend more time look at these things when he was in power rather than focusing on his blowjobs.

In the end, it is the past and (I think) we are *all* interested in making a better present and a better future (though we may disagree on how to get there).

Superbelt 12-21-2005 07:52 AM

First:
Clinton and Carter did NOT authorize warrantless searches of Americans

Quote:

Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

----
That section requires the Attorney General to certify is the search will not involve “the premises, information, material, or property of a United States person.” That means U.S. citizens or anyone inside of the United States.
A FISA Court Judge resigns in protest

Spying Program snared purely US calls
Quote:

A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say.


So, what happened to the Republicans being strict constructionists of the Constitution? Our founding fathers would declare a new revolution against this government.
This is the kind of overreaching government they were fighting against.

Ustwo 12-21-2005 07:58 AM

Quote:

Originally Posted by Marvelous Marv
Here, let me provide the "reasoning" for that, before they say it again:

It's called a free pass for stonewalling long enough. If you REALLY want to poke a gigantic hole in liberal logic, consider that anything Clinton did should be forgotten, but tax money should be given to any descendant of an American slave.

I think his quotes above were what he was referring to as "destroying my arguments," or some such nonsense, but I lost interest in talking to him because of the above.

In this case it doesn't really matter if Clinton was a serial killer. My point is that there is a LONG standing precedent for this kind of executive order. Now one could argue that presidents have too much power in their executive orders and I would agree, but the chest thumping here is about the 'illegal' action which are apparently legal.

Poppinjay 12-21-2005 08:12 AM

Quote:

Originally Posted by Ustwo
Poppinjay I was refering to the big wacky left picture, not just this specificly. Plus if you read above, apparently Clinton and Carter decided do to the same type of thing by executive order. Oddly no one complained then.

Lots of people did. Unfortunately what they conveniently ignored as that the proviso in the executive order was that the AG could NOT commit such activity on a US citizen and had no right to examine a citizen's property, phone records, physical being, or conversations except with a warrant. The order was entirely about FOREIGN investigations, and a good order considering the times we've been through.

So far, the tapping under Bush has ENTIRELY been of US citizens. ENTIRELY. How many terrorists so far have been US citizens? How many received aid from US citizens?

Ustwo 12-21-2005 08:25 AM

Quote:

Originally Posted by Poppinjay
Lots of people did. Unfortunately what they conveniently ignored as that the proviso in the executive order was that the AG could NOT commit such activity on a US citizen and had no right to examine a citizen's property, phone records, physical being, or conversations except with a warrant. The order was entirely about FOREIGN investigations, and a good order considering the times we've been through.

So far, the tapping under Bush has ENTIRELY been of US citizens. ENTIRELY. How many terrorists so far have been US citizens? How many received aid from US citizens?

Sigh....

WASH POST, July 15, 1994, "Administration Backing No-Warrant Spy Searches": Extend not only to searches of the homes of U.S. citizens but also -- in the delicate words of a Justice Department official -- to "places where you wouldn't find or would be unlikely to find information involving a U.S. citizen... would allow the government to use classified electronic surveillance techniques, such as infrared sensors to observe people inside their homes, without a court order."

Deputy Attorney General Jamie S. Gorelick, the Clinton administration believes the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes."

Poppinjay 12-21-2005 08:31 AM

Ustwo, as posted just a few posts back,

Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

In case you missed it:

if the Attorney General makes the certifications required by that section.

Siiiiiiiggggghhhhhhhhhhh::::::::::::::::: :rolleyes:

Lebell 12-21-2005 08:34 AM

Quote:

Originally Posted by Ustwo
... but the chest thumping here is about the 'illegal' action which are apparently legal.

I noted something similiar in another thread.

I think it is just human nature to make an argument by slipping in an assumption without examining it.

This is not a "left" or "right" phenonemon, it just apparently is.

Likewise, the complaining when someone does it.

*feeling particularly introspective this am*

Ustwo 12-21-2005 08:41 AM

Quote:

Originally Posted by Poppinjay
Ustwo, as posted just a few posts back,

Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

In case you missed it:

if the Attorney General makes the certifications required by that section.

Siiiiiiiggggghhhhhhhhhhh::::::::::::::::: :rolleyes:

Ummm so you are saying Bush didn't have the approval of the Attorney General?

Whats your point here?

Poppinjay 12-21-2005 08:45 AM

The AG did not make the certifications.

Ustwo 12-21-2005 08:50 AM

Ugh this is where a guy in a British military uniform should come in and say....

"I'm stopping this sketch because it has become extremely silly."

Poppinjay 12-21-2005 08:52 AM

I don't get that. Why? With a certification, there's a record. If something gets screwed up, there's a record of what happened, or why it was approved.

stevo 12-21-2005 08:53 AM

Quote:

Originally Posted by Poppinjay
The AG did not make the certifications.

So had the AG made the certifications for Carter, would he have broken the law?

If the AG made the certifications for bush, he wouldn't have broken the law?

What are you trying to get at here?

Marvelous Marv 12-21-2005 09:02 AM

Quote:

Originally Posted by Ustwo
In this case it doesn't really matter if Clinton was a serial killer. My point is that there is a LONG standing precedent for this kind of executive order. Now one could argue that presidents have too much power in their executive orders and I would agree, but the chest thumping here is about the 'illegal' action which are apparently legal.

We're in total agreement. My purpose was to point out that some presidential powers and misdeeds didn't bother the left until January of 2001.

roachboy 12-21-2005 09:08 AM

Quote:

Clash Is Latest Chapter in Bush Effort to Widen Executive Power


By Peter Baker and Jim VandeHei
Washington Post Staff Writers
Wednesday, December 21, 2005; A01


The clash over the secret domestic spying program is one slice of a broader struggle over the power of the presidency that has animated the Bush administration. George W. Bush and Dick Cheney came to office convinced that the authority of the presidency had eroded and have spent the past five years trying to reclaim it.

From shielding energy policy deliberations to setting up military tribunals without court involvement, Bush, with Cheney's encouragement, has taken what scholars call a more expansive view of his role than any commander in chief in decades. With few exceptions, Congress and the courts have largely stayed out of the way, deferential to the argument that a president needs free rein, especially in wartime.

But the disclosure of Bush's eavesdropping program has revived the issue, and Congress appears to be growing restive about surrendering so much of its authority. Democrats and even key Republicans maintain Bush went too far -- and may have even violated the law -- by authorizing the National Security Agency to eavesdrop on U.S. citizens' overseas telephone calls in search of terrorist plots without obtaining warrants from a secret intelligence court.

The vice president entered the fray yesterday, rejecting the criticism and expounding on the philosophy that has driven so many of the administration's actions. "I believe in a strong, robust executive authority, and I think that the world we live in demands it -- and to some extent that we have an obligation as the administration to pass on the offices we hold to our successors in as good of shape as we found them," Cheney said. In wartime, he said, the president "needs to have his constitutional powers unimpaired."

Speaking with reporters traveling with him aboard Air Force Two to Oman, Cheney said the period after the Watergate scandal and Vietnam War proved to be "the nadir of the modern presidency in terms of authority and legitimacy" and harmed the chief executive's ability to lead in a complicated, dangerous era. "But I do think that to some extent now we've been able to restore the legitimate authority of the presidency."

For Cheney, the post-Watergate era was the formative experience shaping his understanding of executive power. As a young White House chief of staff for President Gerald R. Ford, he saw the Oval Office at its weakest point as Congress and the courts asserted themselves. But scholars such as Andrew Rudalevige, author of "The New Imperial Presidency," say the presidency had recovered long before Cheney returned to the White House in 2001. The War Powers Act, the legislative veto, the independent counsel statute and other legacies of the 1970s had all been discarded in one form or another.

"He's living in a time warp," said Bruce Fein, a constitutional lawyer and Reagan administration official. "The great irony is Bush inherited the strongest presidency of anyone since Franklin Roosevelt, and Cheney acts as if he's still under the constraints of 1973 or 1974."

Sen. John E. Sununu (R-N.H.) said: "The vice president may be the only person I know of that believes the executive has somehow lost power over the last 30 years."

The tug over executive power traces back to the early years of the republic, and presidents have traditionally moved to expand their reach during times of war. John Adams, fearing a hostile France, presided over the imprisonment of Republican critics under the Alien and Sedition Acts. Abraham Lincoln suspended habeas corpus during the Civil War. Woodrow Wilson jailed Socialist Eugene V. Debs, who had run against him for president, for protesting the entry into World War I. Franklin D. Roosevelt sent Japanese Americans to internment camps during World War II. And Ronald Reagan circumvented a Cold War congressional ban on providing aid to contra rebels in Nicaragua.

The Bush administration rejects comparisons to such events and says its assertions of authority in response to the Sept. 11, 2001, terrorist attacks have been carefully tailored to meet the needs of a 21st-century war against a nebulous foe. At his news conference Monday, Bush bristled at the notion that he sought "unchecked power" and said he had consulted with Congress extensively.

Yet Bush supporters believe that other branches should take a subsidiary role to the president in safeguarding national security. "The Constitution's intent when we're under attack from outside is to place maximum power in the president," said William P. Barr, who was attorney general under President George H.W. Bush, "and the other branches, and especially the courts, don't act as a check on the president's authority against the enemy."

Even before the NSA surveillance program, the Bush administration has asserted its war-making authority in detaining indefinitely U.S. citizens as enemy combatants, denying prisoners access to lawyers or courts, rejecting in some cases the applicability of the Geneva Conventions, expanding its interrogation techniques to include harsher treatment and establishing secret terrorist prisons in foreign countries.

"The problem is, where do you stop rebalancing the power and go too far in the other direction?" asked David A. Keene, chairman of the American Conservative Union. "I think in some instances [Bush] has gone too far."

Taken alone, the expansion of executive wartime power may seem an obvious outflow of confronting the new threat of global terrorism. But when coupled with the huge expansion of the federal government in general under Bush -- the budget has grown by 33 percent and his administration has broadened the federal role in education and the scope of Medicare -- a growing number of conservatives are expressing concern about the size and reach of government on his watch.

Many conservatives in Congress came to office in the 1980s and 1990s with visions of shrinking government and protecting individual freedoms. The Sept. 11 attacks, however, prompted Republicans to shift their priorities and emphasize fighting terrorism. With both houses of Congress in Republican hands, lawmakers generally have been willing to yield to Bush's views on the balance of power.

"Defending the country is preeminently an executive function," said Rep. Tom Cole (R-Okla.). "He is the commander in chief, and you have to move with speed and dispatch."

At the same time, some believe, Congress has abrogated its duty to provide a check on the White House. Rarely has the Republican Congress used its subpoena power to investigate Bush policies or programs or to force administration officials to explain them. Even when lawmakers are inclined to challenge the White House, they are restricted by secrecy rules in cases such as the NSA program, which was known to only a handful of key members briefed by the administration.

"When you have unified party government, the oversight tends to be very timid," said James A. Thurber, director of the Center for Congressional and Presidential Studies at American University. "It's not just the president pushing for more power. . . . The Congress has not done its job of careful evaluation of giving the president more power post-9/11."

Thurber and others think that may be changing. Led by Sen. John McCain (R-Ariz.), Congress just forced Bush to accept a ban on cruel, inhuman and degrading treatment of prisoners, and a handful of Republican senators have joined Democrats to block the renewal of the USA Patriot Act until more civil liberties protections are built into the law. "Congress needs to do some introspection about whether oversight is serious or basically political," Cole said

Sen. Lindsey O. Graham (S.C.) is one of several Republicans lobbying Bush to use the debate over NSA to work with Congress on striking the right balance of power on security issues. "The question is: Should the administration and Congress sit down and talk about where presidential authority begins and ends and congressional blessing begins and ends?" he said. "I think yes."
funny how much more certain the conservatives are here about the illusion that this is all hunky dory and that they have sorted out all legal issues than are the actual people involved with this.
it is also interesting to watch how the right defenses modulate: cheney talks yesterday in terms of a longer-term view of executive power and here you have the conservatives here taking the same line.
"sponteneously" of course.

the argument about executive power as the right woudl frame it here is a non sequitor in general and false in its particulars. superbelt pointed out the main flaws already. typically, these do not register with the right, which persists in its usual lather rinse repeat mode.


in the real world, there is no such certainty:

Quote:

Spy Court Judge Quits In Protest
Jurist Concerned Bush Order Tainted Work of Secret Panel


By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Wednesday, December 21, 2005; A01


A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush's secret authorization of a domestic spying program, according to two sources.

U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation.

Two associates familiar with his decision said yesterday that Robertson privately expressed deep concern that the warrantless surveillance program authorized by the president in 2001 was legally questionable and may have tainted the FISA court's work.

Robertson, who was appointed to the federal bench in Washington by President Bill Clinton in 1994 and was later selected by then-Chief Justice William H. Rehnquist to serve on the FISA court, declined to comment when reached at his office late yesterday.

Word of Robertson's resignation came as two Senate Republicans joined the call for congressional investigations into the National Security Agency's warrantless interception of telephone calls and e-mails to overseas locations by U.S. citizens suspected of links to terrorist groups. They questioned the legality of the operation and the extent to which the White House kept Congress informed.

Sens. Chuck Hagel (Neb.) and Olympia J. Snowe (Maine) echoed concerns raised by Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, who has promised hearings in the new year.

Hagel and Snowe joined Democrats Dianne Feinstein (Calif.), Carl M. Levin (Mich.) and Ron Wyden (Ore.) in calling for a joint investigation by the Senate judiciary and intelligence panels into the classified program.

The hearings would occur at the start of a midterm election year during which the prosecution of the Iraq war could figure prominently in House and Senate races.

Not all Republicans agreed with the need for hearings and backed White House assertions that the program is a vital tool in the war against al Qaeda.

"I am personally comfortable with everything I know about it," Acting House Majority Leader Roy Blunt (R-Mo.) said in a phone interview.

At the White House, spokesman Scott McClellan was asked to explain why Bush last year said, "Any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so." McClellan said the quote referred only to the USA Patriot Act.

Revelation of the program last week by the New York Times also spurred considerable debate among federal judges, including some who serve on the secret FISA court. For more than a quarter-century, that court had been seen as the only body that could legally authorize secret surveillance of espionage and terrorism suspects, and only when the Justice Department could show probable cause that its targets were foreign governments or their agents.

Robertson indicated privately to colleagues in recent conversations that he was concerned that information gained from warrantless NSA surveillance could have then been used to obtain FISA warrants. FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004 and insisted that the Justice Department certify in writing that it was not occurring.

"They just don't know if the product of wiretaps were used for FISA warrants -- to kind of cleanse the information," said one source, who spoke on the condition of anonymity because of the classified nature of the FISA warrants. "What I've heard some of the judges say is they feel they've participated in a Potemkin court."

Robertson is considered a liberal judge who has often ruled against the Bush administration's assertions of broad powers in the terrorism fight, most notably in Hamdan v. Rumsfeld . Robertson held in that case that the Pentagon's military commissions for prosecuting terrorism suspects at Guantanamo Bay, Cuba, were illegal and stacked against the detainees.

Some FISA judges said they were saddened by the news of Robertson's resignation and want to hear more about the president's program.

"I guess that's a decision he's made and I respect him," said Judge George P. Kazen, another FISA judge. "But it's just too quick for me to say I've got it all figured out."

Bush said Monday that the White House briefed Congress more than a dozen times. But those briefings were conducted with only a handful of lawmakers who were sworn to secrecy and prevented from discussing the matter with anyone or from seeking outside legal opinions.

Sen. John D. Rockefeller IV (D-W.Va.) revealed Monday that he had written to Vice President Cheney the day he was first briefed on the program in July 2003, raising serious concerns about the surveillance effort. House Minority Leader Nancy Pelosi (D-Calif.) said she also expressed concerns in a letter to Cheney, which she did not make public.

The chairman of the Senate Select Committee on Intelligence, Pat Roberts (R-Kan.), issued a public rebuke of Rockefeller for making his letter public.

In response to a question about the letter, Sen. John McCain (R-Ariz.) suggested that Rockefeller should have done more if he was seriously concerned. "If I thought someone was breaking the law, I don't care if it was classified or unclassified, I would stand up and say 'the law's being broken here.' "

But Rockefeller said the secrecy surrounding the briefings left him with no other choice. "I made my concerns known to the vice president and to others who were briefed," Rockefeller said. "The White House never addressed my concerns.
source: http://www.washingtonpost.com/wp-dyn...122000685.html

but whatever--this is obviously only in a small measure about information and its evaluation, and in much greater measure about how hard folk on the right find it to introduce ANYTHING critical of the bush people into their political lanscape. sad, really.

Dragonknight 12-21-2005 09:17 AM

Okay so I've read through most of this post and it scares and angers me. People will go spouting off about there "Oh so untouchable rights" yet are willing to sacrifice NOTHING what so ever to have them. They want to sit on there butts at home with more crap then most anyone in the world has because it's "Their right" to have these nice things. What did you do to earn these wondrous rights I ask??? Your For Fathers fought and died for them, they sacrificed there time and lives to do so. Yet you can't stand the thought of someone listening in on your calls to some country, where the hell ever it is or read those oh so important e-mails that God forbid someone see, because it will totally ruin your life when they read it or listen in and say "No he's not planning on killing innocent people" and never once think twice about it. It’s not some average Joe we’re talking about. These are people who are trained, and tested over and over again to get their jobs with background checks that are worse then the worst audit. These people can and will keep your secret fling with the dancing clown a secret, because it’s there job to do so. If you are planning on blowing up the Brooklyn bridge though there going to cause you some problems.

Did Bush break the law, yeah if you, or I, or any other average Joe did it, but when your the NSA, FBI, CIA, INTERPOL, or any other organization DESIGNED SPECIFICALLY to catch those who don't want to be caught NO NO and NO no law was broken. Do we as a nation really expect the above-mentioned organizations to get a warrant for EVERY wiretap they want? These are the guys that have to sneak in the shadows to catch the BAD GUYS. How else are they going to catch these people? The very reason for a government agency is to not be seen. If your not doing anything wrong then you have Nothing to worry about. Hell you will never even know they are/were there.

Yeah I'm sorry some people got grilled over what they said, did, or wrote. That's all that happened though they got grilled. If they were innocent then nothing happened. I'd rather have them be a little too careful then not careful enough. Think of the parent who goes through their kids stuff because they think they’re on/or drugs doing or something they shouldn't be. Are they wrong when they find drugs, guns, or a letter on how they plan on doing something completely wrong that could harm them or others? Should we punish that parent for violating their child’s right to privacy? Then we'll give the kid back the drugs, guns, or what ever and tell them to have a nice day. Now that child will fill safe knowing that their rights are being protected to the fullest extent possible.

Now yes in the Utopian society that some think we live in the parents can simply go up to there 100% morally right kid and say, "Hey Billy/Suzie are you smoking crack?” and yes in the Utopian society you happy people live in Billy/Suzie will happily say, "Why yes mom/dad I was/or have been smoking crack." Just remember in that Utopian society there will be no drug, guns, or problems. Now it the real world where I live unfortunately this won't happen, so mom and dad have to do a little looking into things on there own. Not all have to do this but more do then don't. It's the same with the government, and if your doing nothing wrong then you have no worries.

Please remember this is only about the wiretaps.

Please don't take my writing (as miss spelled and grammatically incorrect as it is) to be open hostility, I only meant to show how vehemently I feel about this subject. Every one has there own opinion and I can live with that. If I came off harsh I’m sorry. Mods if you want me to change this please let me know and I will.

dksuddeth 12-21-2005 09:18 AM

Quote:

Originally Posted by Ustwo
Sigh....

WASH POST, July 15, 1994, "Administration Backing No-Warrant Spy Searches": Extend not only to searches of the homes of U.S. citizens but also -- in the delicate words of a Justice Department official -- to "places where you wouldn't find or would be unlikely to find information involving a U.S. citizen... would allow the government to use classified electronic surveillance techniques, such as infrared sensors to observe people inside their homes, without a court order."

Deputy Attorney General Jamie S. Gorelick, the Clinton administration believes the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes."

using jamie gorelick as your precedent kinda goes against the demonization she rightfully earned during the 9/11 commission concerning who built the invisible wall between intel and law enforcement, don't ya think?

kutulu 12-21-2005 09:20 AM

Quote:

Originally Posted by roachboy
funny how much more certain the conservatives are here about the illusion that this is all hunky dory and that they have sorted out all legal issues than are the actual people involved with this.
it is also interesting to watch how the right defenses modulate: cheney talks yesterday in terms of a longer-term view of executive power and here you have the conservatives here taking the same line.
"sponteneously" of course.

Are you surprised? They just repeat the right wing mantra. Repeat it enough times and it becomes true.

Willravel 12-21-2005 09:21 AM

Quote:

Originally Posted by kutulu
Are you surprised? They just repeat the right wing mantra. Repeat it enough times and it becomes true.

Give Willravel a million bucks....Give Willravel a million bucks....Give Willravel a million bucks....

Poppinjay 12-21-2005 09:21 AM

Quote:

Originally Posted by stevo
So had the AG made the certifications for Carter, would he have broken the law?

If the AG made the certifications for bush, he wouldn't have broken the law?

What are you trying to get at here?

If Carter then used that cert for domestic spying, yes.

If Bush used that cert for domestic spying, then yes, though there is no order in place that duplicates that order.

Bush's wiretapping has been entirely domestic. How can it be that 100% of the wiretapping that is supposed to involve foreign interests is domestic?

dksuddeth 12-21-2005 09:23 AM

Quote:

Originally Posted by Dragonknight
Okay so I've read through most of this post and it scares and angers me. People will go spouting off about there "Oh so untouchable rights" yet are willing to sacrifice NOTHING what so ever to have them.

Do my 6 years as a marine count? :rolleyes:

Quote:

Originally Posted by Dragonknight
Your For Fathers fought and died for them, they sacrificed there time and lives to do so. Yet you can't stand the thought of someone listening in on your calls to some country, where the hell ever it is or read those oh so important e-mails that God forbid someone see, because it will totally ruin your life when they read it or listen in and say "No he's not planning on killing innocent people" and never once think twice about it. It’s not some average Joe we’re talking about. These are people who are trained, and tested over and over again to get their jobs with background checks that are worse then the worst audit. These people can and will keep your secret fling with the dancing clown a secret, because it’s there job to do so. If you are planning on blowing up the Brooklyn bridge though there going to cause you some problems.

Did Bush break the law, yeah if you, or I, or any other average Joe did it, but when your the NSA, FBI, CIA, INTERPOL, or any other organization DESIGNED SPECIFICALLY to catch those who don't want to be caught NO NO and NO no law was broken. Do we as a nation really expect the above-mentioned organizations to get a warrant for EVERY wiretap they want? These are the guys that have to sneak in the shadows to catch the BAD GUYS. How else are they going to catch these people? The very reason for a government agency is to not be seen. If your not doing anything wrong then you have Nothing to worry about. Hell you will never even know they are/were there.

Yeah I'm sorry some people got grilled over what they said, did, or wrote. That's all that happened though they got grilled. If they were innocent then nothing happened. I'd rather have them be a little too careful then not careful enough. Think of the parent who goes through their kids stuff because they think they’re on/or drugs doing or something they shouldn't be. Are they wrong when they find drugs, guns, or a letter on how they plan on doing something completely wrong that could harm them or others? Should we punish that parent for violating their child’s right to privacy? Then we'll give the kid back the drugs, guns, or what ever and tell them to have a nice day. Now that child will fill safe knowing that their rights are being protected to the fullest extent possible.

Now yes in the Utopian society that some think we live in the parents can simply go up to there 100% morally right kid and say, "Hey Billy/Suzie are you smoking crack?” and yes in the Utopian society you happy people live in Billy/Suzie will happily say, "Why yes mom/dad I was/or have been smoking crack." Just remember in that Utopian society there will be no drug, guns, or problems. Now it the real world where I live unfortunately this won't happen, so mom and dad have to do a little looking into things on there own. Not all have to do this but more do then don't. It's the same with the government, and if your doing nothing wrong then you have no worries.

and we can add one more individual to the rank of 'serf' who believes he's a servant of the government instead of the government serving the people.

Poppinjay 12-21-2005 09:25 AM

in the Utopian society you happy people live in Billy/Suzie will happily say, "Why yes mom/dad I was/or have been smoking crack."

I SO want to make this my tagline.

Willravel 12-21-2005 09:32 AM

Clinton and Regan gave Willravel a million bucks....

Dragonknight 12-21-2005 09:43 AM

Quote:

Originally Posted by dksuddeth
Do my 6 years as a marine count? :rolleyes:

Yeah because the 4.5 with two deployments to Iraq that I have count, and yeah I still have 3 years left on this contract and am In Korea away from my family for the third holiday season. Semper Fi

Quote:

Originally Posted by dksuddeth
we can add one more individual to the rank of 'serf' who believes he's a servant of the government instead of the government serving the people.

I forget who said it, "Only by serving can we truly serve." I expect it to go both ways because without one you don't have the other.

Quote:

Originally Posted by Poppinjay
I SO want to make this my tagline.

By all means feel free.

roachboy 12-21-2005 10:22 AM

the premise of this thread is not a legal question--it is not about the (obvious) problems the bush squad has caused for themselves by their excessively enthusiastic take on their own j.d. legal memos---it is not whether there are grounds for a formal investigation and potentially formal charges against the administration--though there are obviously grounds for an investigation and i would not be surprised to see that this ends up being the Real Mistake, the one that the administration cannot talk away....

the real premise of the thread is the question of whether the extralegal arguments are compelling--these extra-legal arguments center on the "war on terror" and its psychological correlates.
this question can be reduced to a matter of relative paranoia.
do folk on the right feel more special than the rest of us because they imagine "terrorism" is a constant direct threat to them personally--this in the face of all evidence to the contrary----what it involved with this question for conservatives?
they never---ever--address the matter, but it is crucial to every last response above that even tried to defend the bush administration.
it is the centre of this debate, such as it is.
yet no-one addresses it.
all you get is a series of various indices of the extent to which the matter operates psychologically for individual conservatives.
that's it.
it is like a "fact" in conservativeland.
what causes this sense of "terrorism" to vary with political affiliation?
what justifies it?
are certain types of information sources more likely to present "terrorism" as a constant, real menace than others?
how do these information souces line up politically?

fact is, folks, that there is nothing "objective" about your sense of this fiction called the "war on terror"---there is no agreement on what it means, this "war--no agreement on the nature of the adversary--no agreement about the danger posed to civilians by it--no agreement on causes--no agreement about anything, really.

what justifies the separation of the notion of "terrorism" from the arrangements backed by the americans internationally?
that is, on what basis does anyone, anywhere accept the argument floated by the bush people sine 9/12/2001 that "terrorism" can be understood as something other than a political response to aspects of globalizing capitalism on the one hand and american foreign policy on the other?

it would seem to me that if you want to combat "terrorism" you would have to advocate basic changes to the international capitalist order and to american foreign policy, particularly in the middle east.
which means that you would have to know what the americans are doing, and what they are blamed for.

the right seems totally uninterested in such matters, presumably as a function of a politically sanctioned type of ignorance.
yet the folk on the right wonder why others do not buy their arguments. they do not buy them because of all the extra stuff involved with even starting to take them seriously----which conservatives seem incapable of laying out and debating.

but for any of the conservative arguments to be valid at all, there has to be some kind of coherent view of the question of "terrorism"--for these arguments to hold in this kind of debate, that view of "terrorism" would have to be introduced as a major premise and defended as such--as things stand, all it is is an arbitrarily invoked bit of background information the only interest in which is its persistence across rightwing views expressed in this thread.

the right does not have a compelling claim that the bushsquad's survellance actions are legal---i have read through the various attempts above to argue this point, and i find none of them even interesting, much less compelling.
what it comes down to is a sense of whether the bush squad is justified in its actions based on raison d'etat.
period.
and so around we go.

pan6467 12-21-2005 10:59 AM

I have no problem sacrifing anything, if I believe in the cause and it is done legally.

Ustwo 12-21-2005 11:32 AM

Quote:

Originally Posted by dksuddeth
using jamie gorelick as your precedent kinda goes against the demonization she rightfully earned during the 9/11 commission concerning who built the invisible wall between intel and law enforcement, don't ya think?

Ummm not at all. One thing has nothing to do with another, nor does it weaken the argument at hand in the slightest.

Ustwo 12-21-2005 11:33 AM

Quote:

Originally Posted by Poppinjay
If Carter then used that cert for domestic spying, yes.

If Bush used that cert for domestic spying, then yes, though there is no order in place that duplicates that order.

Bush's wiretapping has been entirely domestic. How can it be that 100% of the wiretapping that is supposed to involve foreign interests is domestic?

They were only monitoring calls going to or from OUTSIDE the US.

stevo 12-21-2005 11:38 AM

John Schmidt served under President Clinton as the associate attorney general of the United States. He believes bush was well within the law to authorize those wire taps.

http://www.chicagotribune.com/news/o...commentary-hed
Quote:

President had legal authority to OK taps

By John Schmidt
Published December 21, 2005


President Bush's post- Sept. 11, 2001, authorization to the National Security Agency to carry out electronic surveillance into private phone calls and e-mails is consistent with court decisions and with the positions of the Justice Department under prior presidents.

The president authorized the NSA program in response to the 9/11 terrorist attacks on America. An identifiable group, Al Qaeda, was responsible and believed to be planning future attacks in the United States. Electronic surveillance of communications to or from those who might plausibly be members of or in contact with Al Qaeda was probably the only means of obtaining information about what its members were planning next. No one except the president and the few officials with access to the NSA program can know how valuable such surveillance has been in protecting the nation.

In the Supreme Court's 1972 Keith decision holding that the president does not have inherent authority to order wiretapping without warrants to combat domestic threats, the court said explicitly that it was not questioning the president's authority to take such action in response to threats from abroad.

Four federal courts of appeal subsequently faced the issue squarely and held that the president has inherent authority to authorize wiretapping for foreign intelligence purposes without judicial warrant.

In the most recent judicial statement on the issue, the Foreign Intelligence Surveillance Court of Review, composed of three federal appellate court judges, said in 2002 that "All the ... courts to have decided the issue held that the president did have inherent authority to conduct warrantless searches to obtain foreign intelligence ... We take for granted that the president does have that authority."

The passage of the Foreign Intelligence Surveillance Act in 1978 did not alter the constitutional situation. That law created the Foreign Intelligence Surveillance Court that can authorize surveillance directed at an "agent of a foreign power," which includes a foreign terrorist group. Thus, Congress put its weight behind the constitutionality of such surveillance in compliance with the law's procedures.

But as the 2002 Court of Review noted, if the president has inherent authority to conduct warrantless searches, "FISA could not encroach on the president's constitutional power."

Every president since FISA's passage has asserted that he retained inherent power to go beyond the act's terms. Under President Clinton, deputy Atty. Gen. Jamie Gorelick testified that "the Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

FISA contains a provision making it illegal to "engage in electronic surveillance under color of law except as authorized by statute." The term "electronic surveillance" is defined to exclude interception outside the U.S., as done by the NSA, unless there is interception of a communication "sent by or intended to be received by a particular, known United States person" (a U.S. citizen or permanent resident) and the communication is intercepted by "intentionally targeting that United States person." The cryptic descriptions of the NSA program leave unclear whether it involves targeting of identified U.S. citizens. If the surveillance is based upon other kinds of evidence, it would fall outside what a FISA court could authorize and also outside the act's prohibition on electronic surveillance.

The administration has offered the further defense that FISA's reference to surveillance "authorized by statute" is satisfied by congressional passage of the post-Sept. 11 resolution giving the president authority to "use all necessary and appropriate force" to prevent those responsible for Sept. 11 from carrying out further attacks. The administration argues that obtaining intelligence is a necessary and expected component of any military or other use of force to prevent enemy action.

But even if the NSA activity is "electronic surveillance" and the Sept. 11 resolution is not "statutory authorization" within the meaning of FISA, the act still cannot, in the words of the 2002 Court of Review decision, "encroach upon the president's constitutional power."

FISA does not anticipate a post-Sept. 11 situation. What was needed after Sept. 11, according to the president, was surveillance beyond what could be authorized under that kind of individualized case-by-case judgment. It is hard to imagine the Supreme Court second-guessing that presidential judgment.

Should we be afraid of this inherent presidential power? Of course. If surveillance is used only for the purpose of preventing another Sept. 11 type of attack or a similar threat, the harm of interfering with the privacy of people in this country is minimal and the benefit is immense. The danger is that surveillance will not be used solely for that narrow and extraordinary purpose.

But we cannot eliminate the need for extraordinary action in the kind of unforeseen circumstances presented by Sept.11. I do not believe the Constitution allows Congress to take away from the president the inherent authority to act in response to a foreign attack. That inherent power is reason to be careful about who we elect as president, but it is authority we have needed in the past and, in the light of history, could well need again.

----------

John Schmidt served under President Clinton from 1994 to 1997 as the associate attorney general of the United States. He is now a partner in the Chicago-based law firm of Mayer, Brown, Rowe & Maw.

Poppinjay 12-21-2005 11:41 AM

Quote:

Originally Posted by Ustwo
They were only monitoring calls going to or from OUTSIDE the US.

That remains to be seen. They were also monitoring supposed internationa e-mails. I have a bbc e-mail addy that ends co.uk, and yet I live in DC. So my e-mail can be monitored. Likewise, several companies in my business keep e-mail and web accounts based out of Micronesia because of the .fm tag. These happen to all be American media organizations who can now be monitored.

That's just a microcosm of a bigger problem, being that if I pick up a phone in my home and call Canada, the US government should have absolutely no right to listen in.

As far as whether they've monitored domestic-domestic conversations, they won't say exactly and we'll have to see what happens in the Specter hearing.

Lebell 12-21-2005 11:43 AM

Quote:

Originally Posted by pan6467
I have no problem sacrifing anything, if I believe in the cause and it is done legally.

Ah, but what is "legal"?

Hitler's extermination of Undesirables was "legal" because he made the laws.

Yet I believe you wouldn't do it because you didn't "believe" in it.

Likewise, I think you would probably fight against it because you believed in the cause even though it was "illegal".


And thus is the problem with saying things are legal/illegal without some consideration to the larger framework of "right" and "wrong".

Individuals are inclined to do what they consider to be "right" if they believe in it strongly enough, regardless of legality. This is true whether it is a French freedom fighter or an abortion clinic bomber. Where the "legal" aspect enters is what the majority ends up believing and deciding to make "legal". Hitler was a charismatic leader who persuaded the masses to make him the "legal" ruler and by extension, rule maker.

This is where I believe the only real comparision between Bush and Hitler can be made. Bush also has a vision of what he believes it "right" and he is trying his hardest to persuade the American public to back him which leads naturally to a Congress that will make his actions "legal". He is also showing that he is trying hard to interpret the existing rules to make his actions "legal".

I don't think anyone would disagree with his larger "good" of making America safe from terrorism, but the devil is in the details. Ultimately, history will tell us who was right and who was wrong.

pan6467 12-21-2005 11:52 AM

Bfore I go to work..... I have one thing to say..........

Give Willravel a million bucks....Give Willravel a million bucks....Give Willravel a million bucks....

Ustwo 12-21-2005 12:10 PM

Hehe I think the title of this thread needs to be changed based to fit the current tone.

Replace ' Did the Bush admin break the law?'

with....

'We hope the Bush admin broke the law.'

We are arguing over technicalities, unknown data, and legal issues NONE of us have the slightest knowledge over.

My stance has always been Bush did what was necessary in light of the 9/11 attacks, the technicalities of the case don't matter to me, frankly I wasn't worried if they were illegal, as I feel it was the right thing to do (though I never thought they were illegal in the first place). Now that more and more information is pointing to the fact that they were not illegal as presented, it seems the switch is to find what ELSE they did, hoping to find something illegal, not because of any fundamental outrage but as a way to 'get Bush', basically they want to go fishing.

Well cast your lures away folks, this is an issue where the American people will again react not in outrage over Bush, but in outrage over those who weaken the security of the nation in their quest for political power. Maybe when this is all said and done, 11 months from now when it seems that SOMEHOW the Republicans gained in the midterms we can start a thread in paranoia about how Karl Rove leaked the wire tap story hoping for senate hearings which made the Democrats look like obstructionists yet again for another election.

Poppinjay 12-21-2005 12:16 PM

Let’s see how the people react when a court rules that a known terrorist is going scot-free because the surveillance is ruled illegal. Why not go through the extra few minutes to get a warrant to make sure we have these bastards and they can’t get away?

Ustwo 12-21-2005 12:20 PM

Quote:

Originally Posted by Poppinjay
Let’s see how the people react when a court rules that a known terrorist is going scot-free because the surveillance is ruled illegal. Why not go through the extra few minutes to get a warrant to make sure we have these bastards and they can’t get away?

So you hope, but it won't go down that way :D

stevo 12-21-2005 12:33 PM

Since this thread is checked all day, I'll put this here. I'm out for the rest of the year. Have a merry Christmas and a happy new year, you all!

kutulu 12-21-2005 12:37 PM

Quote:

Originally Posted by Ustwo
We are arguing over technicalities, unknown data, and legal issues NONE of us have the slightest knowledge over.

Hmm... I think we've heard that quite a few times. This administration seems to get as close to breaking the law as they can. In their minds, they have never broken the law and even if they did, it's the best thing for us and an investigation would only help the terrorists. You don't want to help the terrorists, do you?

They lied about aluminum tubes
They lied about Sadam trying to buy uranium
They paid Armstrong Williams to write fluff pieces for them
They paid Jeff Gannon to ask softball questions to them
They leak information to discredit critics
They cover up the fact that they leaked information
They lied about torturing people
They hold american citizens without trial or access to lawyers
They accuse crtics of being traitors with regularity
Now we see that they possibly abused wiretap powers.


When is enough enough?

I'm willing to reserve judgement on the potential wiretap abuses until we know for sure but the only way to know if to have a full investigation by an independant counsell.

host 12-21-2005 12:47 PM

Quote:

Originally Posted by Ustwo
They were only monitoring calls going to or from OUTSIDE the US.

Quote:

Originally Posted by Ustwo
Hehe I think the title of this thread needs to be changed based to fit the current tone.

Replace ' Did the Bush admin break the law?'

with....

'We hope the Bush admin broke the law.'

We are arguing over technicalities, unknown data, and legal issues NONE of us have the slightest knowledge over.......

I've already provided solid evidence, in quotes from Bush and Gonzales, on government web pages, that demonstrate that neither official is trustworthy in their statements about wire-tapping authority. Bush's comments were in front of a live and televized audience of the American people, and Gonzales spoke while he was under oath before a senate committee.

Your "take" on this is a bit of a stretch, Ustwo!

http://www.tfproject.org/tfp/showpos...&postcount=222

Quote:

http://www.whitehouse.gov/news/relea...0051219-2.html
For Immediate Release
Office of the Press Secretary
December 19, 2005

Press Conference of the President
The East Room

THE PRESIDENT: I appreciate that. First, I want to make clear to the people listening that this program is limited in nature to those that are known al Qaeda ties and/or affiliates. That's important. So it's a program that's limited, and you brought up something that I want to stress, and that is, is that these calls are not intercepted within the country. <b>They are from outside the country to in the country, or vice versa. So in other words, this is not a -- if you're calling from Houston to L.A., that call is not monitored. And if there was ever any need to monitor, there would be a process to do that.</b>

I think I've got the authority to move forward, Kelly. I mean, this is what -- and the Attorney General was out briefing this morning about why it's legal to make the decisions I'm making. I can fully understand why members of Congress are expressing concerns about civil liberties. I know that. And it's -- I share the same concerns. I want to make sure the American people understand, however, that we have an obligation to protect you, and we're doing that and, at the same time, protecting your civil liberties.

Secondly, an open debate about law would say to the enemy, here is what we're going to do. And this is an enemy which adjusts. We monitor this program carefully. We have consulted with members of the Congress over a dozen times. We are constantly reviewing the program. Those of us who review the program have a duty to uphold the laws of the United States, and we take that duty very seriously..........
The answer Bush gave at this press conference two days ago, is bullshit.
Very similar to the BS he spoke in Buffalo on April 20, 2004, and the BS that Gonzales gave under oath to Senator Feingold on Jan. 6, 2005.

If you take these men at their word, Ustwo, you are naive and you demonstrate only a casual embrace of your guaranteed rights spelled out in our constitution.

kutulu 12-21-2005 12:47 PM

This administration is 'not guilty' in the sense that OJ was 'not guilty'

Ladies and gentlemen of this supposed democracy, the Democrats would certainly want you to believe that President Bush is a criminal. And they make a good case. Hell, I almost felt pity myself. But ladies and gentlemen of this supposed jury, I have one, final, thing I want you to consider.
Ladies and gentleman, this is Chew-bacca. Chewbacca is a Wookie from the planet Kashyyyk, but Chewbacca… LIVES …on the planet Endor. Now think about that. That does NOT MAKE SENSE.
Why would a Wookie, an eight-foot tall Wookie, want to live on Endor, with a bunch of two-foot tall Ewoks? That does NOT MAKE SENSE! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does NOT MAKE SENSE! Look at me. I'm a lawyer defending the President of the United States, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed democracy, it does NOT MAKE SENSE! If Chewbacca lives on Endor, you must acquit! The defense rests.
Here, look at the monkey. Look at the silly monkey.

Ustwo 12-21-2005 01:15 PM

Apparently I'm not the only one thinking this way....

Quote:

DICK MORRIS: SPY STORY COULD BITE DEMS

December 21, 2005 -- Whom did the Valerie Plame leak hurt? Valerie, who went from undercover to on the cover when she posed for Vanity Fair? Joe Wilson, who got a best-selling book out of the deal?

The current leak, however, of classified material relating to National Security Agency tactics in intercepting conversations between people abroad and those within the United States is a vastly serious proposition that may have materially compromised investigations in progress and tipped terrorists off to our methods so that they can hide among us undetected.

This leak, far more than the Valerie Plame incident, deserves a full investigation to identify who spilled the beans and to whom and how. The consequences of this leak alone merit an independent investigation and, perhaps, a trial for treason.

Why does Bush need to use taps without warrants in the fight on terror? The answer is obvious: We often don't know who or what we are looking for.

Our analysts' best hope of catching and exposing terror plots against us lies in combing the airwaves, listening for suspicious words and phrases or patterns. Unlike criminal investigations, which are deductive -- predicated on a single suspect or a number of alternative suspects -- terror investigators want to find out what is going on and only an inductive approach -- amassing lots of material and searching for patterns -- has any chance of success.

For example, in 2002 the federal government tipped off the New York City Police Department that there was a lot of chatter about the Brooklyn Bridge. The resulting police tactics stopped the attack and eventually led to the apprehension of the would-be bomber.

What warrant could the anti-terror investigators have gotten to allow such a search? They had no name, no phone numbers, no idea of what to look for. But a careful analysis of the data averted a massive tragedy.

Politically, the left is making a big mistake in focusing on the issue. Bush is well-served by bringing the terrorism debate home. Isolationists -- about 40 percent of the nation, divided between the two parties -- will not back him on a war in Iraq but sure will support him against attempts to handcuff homeland security in the name of privacy or civil liberties. By raising this issue -- and the concomitant issue of the Patriot Act renewal -- the Democrats are snatching defeat from the jaws of victory.

Iraq is a winner for the left. Homeland security is a loser.

dksuddeth 12-21-2005 01:27 PM

Quote:

Originally Posted by Ustwo
Ummm not at all. One thing has nothing to do with another, nor does it weaken the argument at hand in the slightest.

you don't think that ripping the number 2 official in the clinton DOJ for her part in the BS legislation that divided the intel and law enforcement allowing 9/11 to happen and then supporting her arguments about eavesdropping on US citizens while end running around FISA is counterproductive in the slightest?

Talk about breaking down contexts of arguments in to contexts of time periods combined with macro global conflicts in micro judicial definitions of legalities and illegalities as it concerns presidential powers according to the constitution etc. and blah blah blah.

are you a fan of chaos theory by chance?

Hardknock 12-21-2005 01:28 PM

Quote:

Originally Posted by Dragonknight
Okay so I've read through most of this post and it scares and angers me. People will go spouting off about there "Oh so untouchable rights" yet are willing to sacrifice NOTHING what so ever to have them. They want to sit on there butts at home with more crap then most anyone in the world has because it's "Their right" to have these nice things. What did you do to earn these wondrous rights I ask??? Your For Fathers fought and died for them, they sacrificed there time and lives to do so. Yet you can't stand the thought of someone listening in on your calls to some country, where the hell ever it is or read those oh so important e-mails that God forbid someone see, because it will totally ruin your life when they read it or listen in and say "No he's not planning on killing innocent people" and never once think twice about it. It’s not some average Joe we’re talking about. These are people who are trained, and tested over and over again to get their jobs with background checks that are worse then the worst audit. These people can and will keep your secret fling with the dancing clown a secret, because it’s there job to do so. If you are planning on blowing up the Brooklyn bridge though there going to cause you some problems.

Did Bush break the law, yeah if you, or I, or any other average Joe did it, but when your the NSA, FBI, CIA, INTERPOL, or any other organization DESIGNED SPECIFICALLY to catch those who don't want to be caught NO NO and NO no law was broken. Do we as a nation really expect the above-mentioned organizations to get a warrant for EVERY wiretap they want? These are the guys that have to sneak in the shadows to catch the BAD GUYS. How else are they going to catch these people? The very reason for a government agency is to not be seen. If your not doing anything wrong then you have Nothing to worry about. Hell you will never even know they are/were there.

Yeah I'm sorry some people got grilled over what they said, did, or wrote. That's all that happened though they got grilled. If they were innocent then nothing happened. I'd rather have them be a little too careful then not careful enough. Think of the parent who goes through their kids stuff because they think they’re on/or drugs doing or something they shouldn't be. Are they wrong when they find drugs, guns, or a letter on how they plan on doing something completely wrong that could harm them or others? Should we punish that parent for violating their child’s right to privacy? Then we'll give the kid back the drugs, guns, or what ever and tell them to have a nice day. Now that child will fill safe knowing that their rights are being protected to the fullest extent possible.

Now yes in the Utopian society that some think we live in the parents can simply go up to there 100% morally right kid and say, "Hey Billy/Suzie are you smoking crack?” and yes in the Utopian society you happy people live in Billy/Suzie will happily say, "Why yes mom/dad I was/or have been smoking crack." Just remember in that Utopian society there will be no drug, guns, or problems. Now it the real world where I live unfortunately this won't happen, so mom and dad have to do a little looking into things on there own. Not all have to do this but more do then don't. It's the same with the government, and if your doing nothing wrong then you have no worries.

Please remember this is only about the wiretaps.

Please don't take my writing (as miss spelled and grammatically incorrect as it is) to be open hostility, I only meant to show how vehemently I feel about this subject. Every one has there own opinion and I can live with that. If I came off harsh I’m sorry. Mods if you want me to change this please let me know and I will.

So you're saying that we're supposed to give up our freedoms for temopary security? I think that you need to read our constitution and understand what is says and what it means.

And understand this quote too (it been said a lot in this thread but it bears repeating until the sheep of this country understand it and stand up to dictator Bush.)

"They who would give up an essential liberty for temporary security, deserve neither liberty or security."

Benjamin Franklin

Hardknock 12-21-2005 01:32 PM

Quote:

Originally Posted by kutulu
This administration is 'not guilty' in the sense that OJ was 'not guilty'

Ladies and gentlemen of this supposed democracy, the Democrats would certainly want you to believe that President Bush is a criminal. And they make a good case. Hell, I almost felt pity myself. But ladies and gentlemen of this supposed jury, I have one, final, thing I want you to consider.
Ladies and gentleman, this is Chew-bacca. Chewbacca is a Wookie from the planet Kashyyyk, but Chewbacca… LIVES …on the planet Endor. Now think about that. That does NOT MAKE SENSE.
Why would a Wookie, an eight-foot tall Wookie, want to live on Endor, with a bunch of two-foot tall Ewoks? That does NOT MAKE SENSE! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does NOT MAKE SENSE! Look at me. I'm a lawyer defending the President of the United States, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed democracy, it does NOT MAKE SENSE! If Chewbacca lives on Endor, you must acquit! The defense rests.
Here, look at the monkey. Look at the silly monkey.

What the hell are you talking about? :hmm:

Are you trying to imply that wireptaps that violate the fourth amendment have no justification in this case?

Hardknock 12-21-2005 01:41 PM

Quote:

Originally Posted by Ustwo
Hehe I think the title of this thread needs to be changed based to fit the current tone.

Replace ' Did the Bush admin break the law?'

with....

'We hope the Bush admin broke the law.'

We are arguing over technicalities, unknown data, and legal issues NONE of us have the slightest knowledge over.

But that's where you're wrong. The forth amendment is clear. We do know that the wiretaps were conducted all on domestic soil. We do know that they were conducted against American citizens. Whether you like it or not, if there are American CITIZENS who happen to sympathize with terrorism, you still cannot circumvent the law. Once you do that, then we're no better than they are. The FISA court can approve warrants in minutes. We can still catch them before they cause any damage. There was no reason for Bush to circumvent the courts.

Poppinjay 12-21-2005 01:45 PM

Quote:

Originally Posted by Ustwo
So you hope, but it won't go down that way :D

Which is basically the same argument O'Reilly and Limbaugh make every day. Lefties want terrorists to go free. Lefties want terrorists to attack. All in the name of bringing down Bush.

It's all a lie, but it's easier than thinking.

Ustwo 12-21-2005 02:22 PM

Quote:

Originally Posted by Poppinjay
Which is basically the same argument O'Reilly and Limbaugh make every day. Lefties want terrorists to go free. Lefties want terrorists to attack. All in the name of bringing down Bush.

It's all a lie, but it's easier than thinking.

Read this thread poppingjay, there are a number of Chiroptera Luna who think the terrorists should go free.

pig 12-21-2005 02:52 PM

Ustwo, you are mischaracterizing the response of many of the posters to the thread. You switched from "hoping" someone would be set free, to "thinking someone should be set free." I have yet to see anyone jump up and down with joy over the idea of terrorists, or questionable terrorists being set free. What I have read supports the position that some posters think that a given US citizen would have to be let free if their 4th Amendment rights were violated, pursuant to the various stipulations.

I can appreciate your position that you don't care if the law was broken, although you don't see that it was or believe it have been, due to the fact that you feel it is the nation's best interest. There are two clear possibilities. 1. Law was broken, and that has consequences. 2. Law was not broken, end of discussion. From what I've seen from reading about the authorization, that's a very broad interpretation to say that Congressional authorization to use necessary force in response to the terrorist threat of 9/11/2001 covers the abrogation of the 4th Amendment rights of US citizens, but I suppose we shall see.

I personally am glad this debate occurs, regardless of the outcome. Its the only way for our liberties to remain intact in a de facto sense. I am not worried about this giving away our "playbook" to terrorists, so to speak. The only terrorists / bad guys who would be ensnared by phone conversations are those too stupid to be aware of the prevalent case law regarding wire taps. If these idiots thought about it for a second, they wouldn't discuss it over the phone in the first place.

In short, if the administration or the Congress or the intelligence agencies feel they must break the law to stay one step ahead, then that's a decision they have to make. When they make that decision, they are (to be redundant) breaking the law, and there are consequences to those actions.

kutulu 12-21-2005 03:10 PM

Quote:

Originally Posted by pigglet
Ustwo, you are mischaracterizing the response of many of the posters to the thread.

Another typical action from the Republicans. Like when the Democrats voted down 'Murtha's plan' It really pissed me off to hear the talk show hosts flat out lie about that shit.

ratbastid 12-21-2005 03:23 PM

Quote:

Originally Posted by kutulu
Another typical action from the Republicans. Like when the Democrats voted down 'Murtha's plan' It really pissed me off to hear the talk show hosts flat out lie about that shit.

Yep, they play dirty. No question about it. Democrats are no angels (politics is politics, no matter which side of the isle you're on), but the current batch of Republicans appear to have very few scruples when it comes to tactics.

It works, in the short term. Their boy is in the white house, and they're the ones stomping around congress. Problem is, that sort of tactic bites you in the ass, over the long term. That's what we're seeing over the last couple months--right-thinking Americans are starting to cut through the politics and call it like they see it.

Ustwo 12-21-2005 04:42 PM

Quote:

Originally Posted by pigglet
Ustwo, you are mischaracterizing the response of many of the posters to the thread. You switched from "hoping" someone would be set free, to "thinking someone should be set free." I have yet to see anyone jump up and down with joy over the idea of terrorists, or questionable terrorists being set free. What I have read supports the position that some posters think that a given US citizen would have to be let free if their 4th Amendment rights were violated, pursuant to the various stipulations.

American Left: We think those terrorists 4th amendment rights were violated. If so they should go free.

J.Q. Public: Pardon?

American Left: Don't you see, Bush is acting like an emperor (Ustwo note, such language was used in this thread) he must be stopped he is voilating the constitution!

J.Q. Public: So you think that the known and proven terrorists should go free?

American Left: Yes of course!

J.Q. Public: Ummm......What should he have done instead?

American Left: Used the Patriot act! Thats why he got it!

J.Q. Public: Arn't the democrats blocking the patriot act?

American Left: Yes because it violates our civil liberties!

J.Q. Public: So without the patriot act what should we do to stop terrorists in this country?

American Left: ..... Don't you get it?! Bush sucks!

J.Q. Public: I see.... (votes republican...again)

American Left: FUCK MIDDLE AMERICA! (again)

http://www.tinotopia.com/log/images/...le_america.jpg

Willravel 12-21-2005 05:04 PM

Quote:

Originally Posted by Ustwo
American Left: We think those terrorists 4th amendment rights were violated. If so they should go free.
/conversation

A similar argument could be exaggerated in the other direction:

Bush makes arrests based on illegal wire taps
Liberals: Um, what're you doing? Thiose wire taps are clearly illegal. Why don't you just try to stop terrorism using legal means? Why do you think it's necessary to break the law in order to protect those who live under the law?
Conservatives: OMG RUN THERE'S A TERRORIST BEHIND YOU!!!!
Liberals: *turns around*
Conservatives: *runs away*

shakran 12-21-2005 06:07 PM

Quote:

Originally Posted by Marvelous Marv
It's called a free pass for stonewalling long enough. If you REALLY want to poke a gigantic hole in liberal logic, consider that anything Clinton did should be forgotten, but tax money should be given to any descendant of an American slave.

I think his quotes above were what he was referring to as "destroying my arguments," or some such nonsense, but I lost interest in talking to him because of the above.


Because I refuse to believe that you are an utter moron I'm going to call you out on this one. I am not saying that bad things done by Clinton do not matter. I am saying they have no bearing on whether or not today's president should be allowed to flaunt the law at will. "Well he did it too" is not a valid reason for letting Bush get away with something.

Now, as I said, I don't think you're a vacuous idiot. I think you know and understand what I just wrote. But, in the tradition of obfuscation and misdirection that your party has become so good at, you are attempting to make it look like I said something that I did not say.

Unfortunatly for you, the rest of the people here on TFP are also not terminally stupid, so they're not going to fall for it.

Oh, and by the way I never said money should be given to descendants of slaves. I don't think it should. Sorry to ruin yet another of your baseless attacks.

Elphaba 12-21-2005 06:20 PM

The ACLU has managed to get some heavily edited information through the FIA.

http://www.truthout.org/docs_2005/122105M.shtml#1

Quote:

ACLU Says FBI Misused Terror Powers
By Ted Bridis
The Associated Press

Tuesday 20 December 2005

Bureau monitored some domestic political groups.

Washington - The American Civil Liberties Union accused the FBI of misusing terrorism investigators to monitor some domestic political organizations, despite apparently disparate views within the FBI whether some groups supported or committed violent acts.

Citing hundreds of pages of heavily censored documents they obtained from the FBI under the Freedom of Information Act, lawyers for the ACLU described this disputed use of terrorism resources as the latest illustration of intensified surveillance aimed toward Americans.

"Using labels like domestic terrorists to describe peaceful protest activity can chill robust political debate in this country," ACLU lawyer Ben Wizner said in New York. The ACLU said it will publish the FBI reports it obtained on its website today.

In one case, government records show the FBI launched a terrorism investigation of the People for the Ethical Treatment of Animals in Norfolk, Va., despite acknowledgment by one FBI official that, "The FBI does not consider PETA a terrorist organization."

The FBI responded that it conducts its investigations appropriately - subject to US laws and Justice Department guidelines. It said the ACLU mischaracterized some passing references to political groups in FBI files to suggest those groups were under investigation; in other cases the FBI confirmed it was acting on tips tying groups to alleged illegal activities.

"You end up in FBI files with your name and your group's name because you're doing stuff," said John Miller, FBI assistant director of public affairs. "By and large, the FBI has done a pretty good job sticking to those rules."

The FBI documents indicate the government launched its terrorism investigation of the animals ethics group because it was "suspected of providing material support and resources to known domestic terrorism organizations," including the Animal Liberation Front and Earth Liberation Front.

The animals' group investigation began in August 2003 and lasted at least 12 months, according to documents. Miller could not say whether the investigation was concluded.

The FBI reports also linked the animals group to the government's investigation of a bombing outside the Shaklee Cosmetic Corp. in Pleasanton, Calif., in September 2003. The FBI said Shaklee conducted animal testing of cosmetic products, and its parent company was a frequent target of campaigns by People for the Ethical Treatment of Animals and another group, Stop Huntington Animal Cruelty.

Separately, the FBI files said the Norfolk animals group protested a rodeo in Las Vegas in December 2003 with representatives from the Animal Liberation Front and Earth Liberation Front.

Jeffrey S. Kerr, lawyer for People for the Ethical Treatment of Animals, denied his organization provided support or resources to the Animal Liberation Front and Earth Liberation Front, calling such claims "tired old allegations." Kerr said any terrorism investigation was "a scurrilous waste of resources."

"This is really an abuse of power," Kerr said. "PETA and other groups are really being targeted because we are being social activists and engaging in free speech. This is un-American and unconstitutional and contrary to the interests of any definition of a healthy democracy."

The ACLU said the FBI documents also suggest that federal terrorism investigators infiltrated the Washington-based American-Arab Anti-Discrimination Committee. One document, sent to an FBI counterterrorism unit in Los Angeles, describes a list of attendees from the group at a conference in Stanford, Calif., to protest sanctions against Iraq in May 2002.

Other FBI documents obtained by the ACLU describe efforts in May 2001 by Greenpeace and the Los Angeles-based Catholic Workers Group to disrupt missile tests in California.

The FBI said the Catholic Workers Group "advocates a communist distribution of resources."
My apologies for going a bit off topic, and I have no love for PETA, but I believe this is a Hoover response to constitutionally protected desent.

ratbastid 12-21-2005 08:32 PM

At this point, the question of whether actual laws were broken is less interesting to me than the question of what the political and PR fallout will be. Remember that "political capital" that Bush crowed about after his re-election? That shit is spent. Are we looking at three years of Bush on the defensive?

Elphaba 12-21-2005 09:37 PM

RB, there was no "political capital" with a vote as close as that one. No second term, war-time president ever got such low numbers. It was a great sound bite, however.

host 12-21-2005 10:57 PM

Quote:

Originally Posted by Ustwo
American Left: We think those terrorists 4th amendment rights were violated. If so they should go free.

J.Q. Public: Pardon?

American Left: Don't you see, Bush is acting like an emperor (Ustwo note, such language was used in this thread) he must be stopped he is voilating the constitution!

J.Q. Public: So you think that the known and proven terrorists should go free?

American Left: Yes of course!

J.Q. Public: Ummm......What should he have done instead?

American Left: Used the Patriot act! Thats why he got it!........

Ustwo....I wince as I read the "content" of your posts, and I observe that you ignore the challenges that I direct to you, accompanied as they are by linked excerpts to reports published by "newspapers of record" and the ruling government's, own web pages.

The quote box above indicates to me that you are hopelessly "outclassed", here, yet you continue to deny and distract from what is actuaully, and finally being reported by MSM, after an admitted delay of more than a year.
I urge you to bring the level of your discourse nearer to the level of the following research that I am posting here for the examination of all interested members. Please endeavor to counter it, and equally worthy material posted by other members, commensurate to the level of your education and abilities.
All we know of you is what you have told us....and sir....you do yourself an injustice that directly conflicts with who you have told us you are.
Quote:

http://www.washingtonpost.com/wp-dyn...122102326.html
Judges on Surveillance Court To Be Briefed on Spy Program

By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Thursday, December 22, 2005; A01

The presiding judge of a secret court that oversees government surveillance in espionage and terrorism cases is arranging a classified briefing for her fellow judges to address their concerns about the legality of President Bush's domestic spying program, according to several intelligence and government sources.

<b>Several members of the Foreign Intelligence Surveillance Court said in interviews that they want to know why the administration believed secretly listening in on telephone calls and reading e-mails of U.S. citizens without court authorization was legal.</b> Some of the judges said they are particularly concerned that information gleaned from the president's eavesdropping program may have been improperly used to gain authorized wiretaps from their court.

<b>"The questions are obvious," said U.S. District Judge Dee Benson of Utah. "What have you been doing, and how might it affect the reliability and credibility of the information we're getting in our court?"</b>

<b>Such comments underscored the continuing questions among judges about the program, which most of them learned about when it was disclosed last week by the New York Times. On Monday, one of 10 FISA judges, federal Judge James Robertson, submitted his resignation -- in protest of the president's action, according to two sources familiar with his decision.</b> He will maintain his position on the U.S. District Court here.

Other judges contacted yesterday said they do not plan to resign but are seeking more information about the president's initiative. Presiding Judge Colleen Kollar-Kotelly, who also sits on the U.S. District Court for the District of Columbia, told fellow FISA court members by e-mail Monday that she is arranging for them to convene in Washington, preferably early next month, for a secret briefing on the program, several judges confirmed yesterday.

Two intelligence sources familiar with the plan said Kollar-Kotelly expects top-ranking officials from the National Security Agency and the Justice Department to outline the classified program to the members.

<b>The judges could, depending on their level of satisfaction with the answers, demand that the Justice Department produce proof that previous wiretaps were not tainted, according to government officials knowledgeable about the FISA court. Warrants obtained through secret surveillance could be thrown into question. One judge, speaking on the condition of anonymity, also said members could suggest disbanding the court in light of the president's suggestion that he has the power to bypass the court.</b>

The highly classified FISA court was set up in the 1970s to authorize secret surveillance of espionage and terrorism suspects within the United States. Under the law setting up the court, the Justice Department must show probable cause that its targets are foreign governments or their agents. <b>The FISA law does include emergency provisions that allow warrantless eavesdropping for up to 72 hours if the attorney general certifies there is no other way to get the information.

Still, Bush and his advisers have said they need to operate outside the FISA system in order to move quickly against suspected terrorists. In explaining the program, Bush has made the distinction between detecting threats and plots and monitoring likely, known targets, as FISA would allow.

Bush administration officials believe it is not possible, in a large-scale eavesdropping effort, to provide the kind of evidence the court requires to approve a warrant. Sources knowledgeable about the program said there is no way to secure a FISA warrant when the goal is to listen in on a vast array of communications in the hopes of finding something that sounds suspicious. Attorney General Alberto R. Gonzales said the White House had tried but failed to find a way.</b>

One government official, who spoke on the condition of anonymity, said <b.the administration complained bitterly that the FISA process demanded too much: to name a target and give a reason to spy on it.

"For FISA, they had to put down a written justification for the wiretap," said the official. "They couldn't dream one up."</b>

The NSA program, and the technology on which it is based, makes it impossible to meet that criterion because the program is designed to intercept selected conversations in real time from among an enormous number relayed at any moment through satellites.

"There is a difference between detecting, so we can prevent, and monitoring. And it's important to note the distinction between the two," Bush said Monday. But he added: "If there is a need based upon evidence, we will take that evidence to a court in order to be able to monitor calls within the United States."

The American Civil Liberties Union formally requested yesterday that Gonzales appoint an outside special counsel to investigate and prosecute any criminal acts and violations of laws as a result of the spying effort.

Also yesterday, John D. Negroponte, Bush's director of national intelligence, sent an e-mail to the entire intelligence community defending the program. The politically tinged memo referred to the disclosure as "egregious" and called the program a vital, constitutionally valid tool in the war against al Qaeda.

Benson said it is too soon for him to judge whether the surveillance program was legal until he hears directly from the government.

"I need to know more about it to decide whether it was so distasteful," Benson said. "But I wonder: If you've got us here, why didn't you go through us? They've said it's faster [to bypass FISA], but they have emergency authority under FISA, so I don't know."

As it launched the dramatic change in domestic surveillance policy, the administration chose to secretly brief only the presiding FISA court judges about it. Officials first advised U.S. District Judge Royce C. Lamberth, the head of FISA in the fall of 2001, and then Kollar-Kotelly, who replaced him in that position in May 2002. U.S. District Judge George Kazen of the Southern District of Texas said in an interview yesterday that his information about the program has been largely limited to press accounts over the past several days.

"Why didn't it go through FISA," Kazen asked. "I think those are valid questions. The president at first said he didn't want to talk about it. Now he says, 'You're darn right I did it, and it's completely legal.' I gather he's got lawyers telling him this is legal. I want to hear those arguments." Judge Michael J. Davis of Minnesota said he, too, wants to be sure the secret program did not produce unreliable or legally suspect information that was then used to obtain FISA warrants.

"I share the other judges' concerns," he said.

But Judge Malcolm Howard of eastern North Carolina said he tends to think the terrorist threat to the United States is so grave that the president should use every tool available and every ounce of executive power to combat it.

"I am not overly concerned" about the surveillance program, he said, but "I would welcome hearing more specifics."

Researcher Julie Tate contributed to this report.
Quote:

http://www.washingtonpost.com/wp-dyn...121901884.html
White House Elaborates on Authority for Eavesdropping

By Charles Lane
Washington Post Staff Writer
Tuesday, December 20, 2005; A10

.......Bush told a news conference that he still wants investigators to seek warrants in many cases from a secret foreign intelligence surveillance court, as required by a 1978 federal law. But he said authorities should be able to act outside that framework when the government needs "to move quickly to detect" plotting of terrorism between people in the United States and abroad.

"Having suggested this idea," the president said, "I then, obviously, went to the question, is it legal to do so? I swore to uphold the laws. Do I have the legal authority to do this? And the answer is, absolutely."

The statements by the president and other top officials triggered immediate debate, as many legal experts questioned his power to act on his own in an area where Congress has already legislated. The 1978 law, adopted by Congress and signed by President Jimmy Carter, claims to establish an "exclusive" set of rules and procedures for foreign intelligence surveillance.

"The issue here is this," said Jamie Gorelick, who served as deputy attorney general under President Bill Clinton and as a member of the Sept. 11 commission. "If you're John McCain and you just got Congress to agree to limits on interrogation techniques, why would you think that limits anything if the executive branch can ignore it by asserting its inherent authority?"

The Supreme Court spoke at the height of the Korean War on the president's authority to override Congress. In 1952, President Harry S. Truman ordered a federal takeover of the steel industry to prevent a strike that would have disrupted the supply of weapons to troops at the front. He cited his authority as commander in chief.

By a vote of 6 to 3, the court rejected Truman's claim. In an influential concurring opinion, Justice Robert H. Jackson wrote that the president's power is "at its lowest ebb" when he "takes measures incompatible with the expressed or implied will of Congress."

"With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations," Jackson wrote.

Analysts said that precedent makes Bush's claim of inherent constitutional authority to eavesdrop the most controversial aspect of his legal argument. But such claims have a long history. Presidents going back to Franklin D. Roosevelt either acted as if they had such power, or openly asserted it.

But the intelligence scandals of the 1960s and '70s changed the political and legal climate. In 1972, the Supreme Court rejected warrantless searches in cases of alleged domestic national security threats, but left open the issue of eavesdropping for foreign intelligence or counterintelligence purposes. The court has still not explicitly addressed the issue.

The Foreign Intelligence Surveillance Act (FISA) was intended to fill that gap. It required that the executive branch get approval from a secret court before conducting wiretaps within the United States. In signing the law, Carter praised it for protecting privacy and said it "clarifies the Executive's authority."

The original version of the law was silent on warrantless physical searches of suspected spies or terrorists. The Clinton administration claimed inherent authority to conduct such "black bag" jobs, including searches of CIA turncoat Aldrich Ames's house that turned up evidence of his spying for Russia. But it later sought amendments to FISA that brought physical searches under the FISA framework.

The Bush administration argues that the steel seizure case poses no problem for its NSA program because Congress adopted a joint resolution on Sept. 14, 2001, authorizing the president to use "all necessary and appropriate force" to battle al Qaeda. That would include listening in on suspected terrorists, the administration argues.

Attorney General Alberto R. Gonzales referred reporters yesterday to a 2004 Supreme Court opinion signed by a four-member plurality of the Supreme Court that said the 2001 resolution implicitly authorized the military detention of American citizens as suspected terrorists.

"We believe the court would apply the same reasoning" to electronic eavesdropping, Gonzales said. He added that the Sept. 14, 2001, resolution also corresponds to a provision of FISA that prohibits wiretapping "except as authorized by statute."

Outside experts were skeptical of these arguments. The 2004 ruling required federal court access for citizen detainees, they noted. Also, they said that the USA Patriot Act itself consisted largely of amendments to FISA designed to make it easier for the president to conduct surveillance. That would hardly have been necessary, the experts noted, if Congress had meant to supersede FISA through the 2001 resolution.

"One wonders if Congress really contemplated all these things when it enacted the resolution," said Michael J. Glennon, a professor of international law at the Fletcher School of Tufts University.

<b>FISA also contains emergency provisions that permit warrantless eavesdropping for up to 72 hours when the attorney general certifies that there is no other way to get crucial information. The law also permits warrantless eavesdropping for up to 15 days after a declaration of war.</b>

<b>"There is an emergency provision within FISA, and one could ask for more authority," Gorelick said. "If they had good reason, Congress would have given it to them."

Gonzales said that the administration contemplated doing that, but was told by "certain members of Congress" that "that would be difficult if not impossible."</b>

In effect, the administration is asking the public to accept a program that was conceived in the immediate aftermath of the Sept. 11, 2001, attacks, when tolerance for exceptional measures may have been greater than it is now.

"In times of crisis I think you have to explore, use every capability and explore every option," said Roger Cressey, who was principal deputy to the White House counterterrorism chief during Bush's first term. "But past those, in the day-to-day operations when there is no imminent threat, you need to revisit procedures and structures in place to ensure proper oversight."

Staff writer Dafna Linzer contributed to this report.
<b>Maybe getting congress to grant presidential authority for warrantless searches would be "would be difficult if not impossible", because it goes against the wishes of the majority of American voters, and is fucking unconstitutional. These
lawless thugs admit that, in the face of the knowledge that congress would not approve of it, they "did it, anyway!</b>

Quote:

http://releases.usnewswire.com/GetRelease.asp?id=58545
Transcript of Attorney General Gonzales, DHS Sec. Chertoff Press Briefing on Need for Senate to Reauthorize USA PATRIOT Act

12/21/2005 5:00:00 PM

To: National Desk, Legal Reporter

Contact: U.S. Department of Justice Public Affairs, 202-514-2007; Web: http://www.usdoj.gov

WASHINGTON, Dec. 21 /U.S. Newswire/ -- The following is a transcript of a press briefing of Attorney General Alberto R. Gonzales and Homeland Security Secretary Michael Chertoff on the Need for the Senate to Reauthorize the USA PATRIOT Act

...... ATTORNEY GENERAL: Okay. We'll take a few questions.

REPORTER: I wondered why, you had said that, you were told it was difficult, if not impossible to get Congress to reauthorize the FISA, the warrant for eavesdropping. How is it that you and the administration can enforce the resolution, granted the authorization that is impossible to get in another...

(Inaudible)

ATTORNEY GENERAL: I'm here to talk about the Patriot Act. But I will answer the one question, because I read the quote. Someone showed me the quote in The Washington Post. What I said, or <b>what I surely intended to say, if I didn't say is that we consulted with leaders in the congress about the feasibility of legislation to allow this type of surveillance. We were advised that it would be virtually impossible to obtain legislation of this type without compromising the program. And I want to emphasize the addition of, without compromising the program.</b> That was the concern. (Inaudible)

This is the last question I'll answer with respect to the matter relating to the NSA. I have no reason -- I don't know the reason. I'm not going to speculate why a judge would step down from the FISA court. If you're asking about the legality of the program. I came out on Monday and explained the administration's position, the legal rationale for the legality of the program. We believe the President has both the statutory authority and constitutional authority to engage in the intelligence during a time of war with our enemy. Any questions regarding the Patriot Act?.......
Translation: <b>The elected legislators who represent American voters in congress would "jeaopardize the program" by voting against providing presidential authority for warrantless eavesdropping. So...they did it...sectretly....ANYWAY!</b>

Quote:

http://www.latimes.com/la-na-spy21de...home-headlines
December 21, 2005
THE NATION
Cheney Defends Domestic Spying
# He says Bush's decision to sidestep the courts and allow surveillance was an organized effort to regain presidential powers lost in the 1970s.

By Maura Reynolds, Times Staff Writer

...........<b>White House spokesman Scott McClellan insisted that lawmakers had been informed of the program but declined to answer questions about whether members of Congress could act in any way on the information.</b>

"We believe it's important to brief members of Congress, the relevant leaders," McClellan said, adding that Congress was "an independent branch of government. Yes, they have oversight roles to play." When asked how lawmakers could have acted on the oversight, McClellan responded: "You should ask members of Congress that question."

<b>Some congressional Republicans defended Bush but others said they had doubts. Sen. Olympia J. Snowe (R-Maine) and Sen. Chuck Hagel (R-Neb.) joined three Democrats in a call for an investigation.

"At no time, to our knowledge, did any administration representative ask the Congress to consider amending existing law to permit electronic surveillance of suspected terrorists without a warrant," the five senators wrote.</b>

New rounds of criticism followed reports Tuesday of comments Bush made last year in which he seemed to assure his audience that the government conducted wiretaps only with court approval.

"Now, by the way, any time you hear the United States government talking about wiretaps, it requires — a wiretap requires a court order," the president said in a speech in Buffalo, N.Y. on April 20, 2004, in which he discussed enactment of the Patriot Act.

"Nothing has changed, by the way," Bush continued in the speech. "When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

Howard Dean, chairman of the Democratic National Committee, said it was "time for the president to tell the truth."

<b>"Why is it that President Bush went in front of the American people and said that a wiretap 'requires a court order' after having approved a wiretap program without a court order two years earlier?"</b>

ratbastid 12-22-2005 10:38 AM

Guess what just came to light: Bush not only broke the law, he lied about it.

This is an excerpt from <a href="http://www.whitehouse.gov/news/releases/2004/04/20040420-2.html#">this April 20, 2004 speech</a>, conveniently posted on the White House website:

Quote:

Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution.
That's a lie. At the time he gave this speech, he had already given authorization for court-order-free wiretaps, and he intended to give more such authorizations.

Okay, you big Clinton-dragger-uppers: if lying about getting a blowjob is a high crime or misdemeanor, what do you call it when the President lies about violating his citizen's constitutionally-protected civil rights? Actually, Bush has skipped misdemeanors, and headed straight into felony territory.

Even if you DON'T believe he broke the law, you can't really deny the above public comment is clearly a lie, and about a gravely serious matter.

Willravel 12-22-2005 10:44 AM

Quote:

Originally Posted by ratbastid
Guess what just came to light: Bush not only broke the law, he lied about it.

This is an excerpt from <a href="http://www.whitehouse.gov/news/releases/2004/04/20040420-2.html#">this April 20, 2004 speech</a>, conveniently posted on the White House website:



That's a lie. At the time he gave this speech, he had already given authorization for court-order-free wiretaps, and he intended to give more such authorizations.

Okay, you big Clinton-dragger-uppers: if lying about getting a blowjob is a high crime or misdemeanor, what do you call it when the President lies about violating his citizen's constitutionally-protected civil rights? Actually, Bush has skipped misdemeanors, and headed straight into felony territory.

Even if you DON'T believe he broke the law, you can't really deny the above public comment is clearly a lie, and about a gravely serious matter.

He did lie (proof above), and continues to lie, and it's time that someone heald him responsible for his lies. WE NEED TO GET THIS UNDER OATH. If that happpens, he's pretty much scewed. If someone has the balls to ask him to make a statement under oath and he lies, he's screwed. If he won't answer, he's screwed.

host 12-22-2005 10:50 AM

Quote:

Originally Posted by ratbastid
Guess what just came to light: Bush not only broke the law, he lied about it.

This is an excerpt from <a href="http://www.whitehouse.gov/news/releases/2004/04/20040420-2.html#">this April 20, 2004 speech</a>, conveniently posted on the White House website:



That's a lie. At the time he gave this speech, he had already given authorization for court-order-free wiretaps, and he intended to give more such authorizations.

Okay, you big Clinton-dragger-uppers: if lying about getting a blowjob is a high crime or misdemeanor, what do you call it when the President lies about violating his citizen's constitutionally-protected civil rights? Actually, Bush has skipped misdemeanors, and headed straight into felony territory.

Even if you DON'T believe he broke the law, you can't really deny the above public comment is clearly a lie, and about a gravely serious matter.

I already posted a large excerpt from Bush's April 20, 2004 Buffalo speech on this thread, and I linked to it, further excerpted from it, and commented about it in further posts, <b>on this thread</b>.

<b>RB</b>... in your opinion, should I bother to participate here? Do I have to dole my posts out in Macnews style chunkettes...ala USA Today?

Sorry if it seems that I'm picking on you....but you re-posted something that I covered already, quite thoroughly here, along with Gonzales's testimony under oath, which contained similar misleading statements as Bush's April 20, 2004 ones!

Cynthetiq 12-22-2005 11:01 AM

Quote:

Originally Posted by ratbastid
Guess what just came to light: Bush not only broke the law, he lied about it.

This is an excerpt from <a href="http://www.whitehouse.gov/news/releases/2004/04/20040420-2.html#">this April 20, 2004 speech</a>, conveniently posted on the White House website:



That's a lie. At the time he gave this speech, he had already given authorization for court-order-free wiretaps, and he intended to give more such authorizations.

Okay, you big Clinton-dragger-uppers: if lying about getting a blowjob is a high crime or misdemeanor, what do you call it when the President lies about violating his citizen's constitutionally-protected civil rights? Actually, Bush has skipped misdemeanors, and headed straight into felony territory.

Even if you DON'T believe he broke the law, you can't really deny the above public comment is clearly a lie, and about a gravely serious matter.

but not under oath... the lie about the blow job is EQUAL to the lie from Martha Stewart, a lie under oath. lie all you want in public, but when in front of a grand jury and you swear to tell the whole truth and nothing but the truth, well you can't lie then.

Willravel 12-22-2005 11:07 AM

Quote:

Originally Posted by host
I already posted a large excerpt from Bush's April 20, 2004 Buffalo speech on this thread, and I linked to it, further excerpted from it, and commented about it in further posts, <b>on this thread</b>.

<b>RB</b>... in your opinion, should I bother to participate here? Do I have to dole my posts out in Macnews style chunkettes...ala USA Today?

Sorry if it seems that I'm picking on you....but you re-posted something that I covered already, quite thoroughly here, along with Gonzales's testimony under oath, which contained similar misleading statements as Bush's April 20, 2004 ones!

Link your articles, and simply quote the highlights. I've never skimmed through one of your posts, but I imagine many have. I know it's bs that you have to do it, but you have to communicate in a style that other people can understand. People are generally too lazy to read a half a dozen articles that support your argument. And you're right to get pissed that the Buffalo speech was ignored in your post, and clearly read in someone elses. I'd be pissed too.

maximusveritas 12-22-2005 11:08 AM

Bush's lie may not have broken the law, but it was more serious than Clinton's lie since it had to do with our own privacy rather than his.

ratbastid 12-22-2005 11:13 AM

Quote:

Originally Posted by host
I already posted a large excerpt from Bush's April 20, 2004 Buffalo speech on this thread, and I linked to it, further excerpted from it, and commented about it in further posts, <b>on this thread</b>.

<b>RB</b>... in your opinion, should I bother to participate here? Do I have to dole my posts out in Macnews style chunkettes...ala USA Today?

Sorry if it seems that I'm picking on you....but you re-posted something that I covered already, quite thoroughly here, along with Gonzales's testimony under oath, which contained similar misleading statements as Bush's April 20, 2004 ones!

Sorry for the repeat, host. This thread has gotten so long and sprawling, I didn't realize I'd already seen that. Still, I think it bears pulling out and highlighting.

I'm going to reply to host's direct questions to me in PM.

Elphaba 12-22-2005 01:59 PM

I have duplicated Host's posts on three or more occasions in the past, and I have had a couple of mine duplicated in this thread. My errors were due to reading too casually and hope I have corrected that. My duplicated posts can only be due to the sheer size of this thread. It must be a Politics first, that we have stayed out of trouble for so long. :)

shakran 12-23-2005 02:57 AM

Quote:

Originally Posted by host
Sorry if it seems that I'm picking on you....but you re-posted something that I covered already, quite thoroughly here, along with Gonzales's testimony under oath, which contained similar misleading statements as Bush's April 20, 2004 ones!


Why is this a bad thing? The republicans have managed to snow the public into following their insane policies by repeating lies, half-truths, and innuendos over and over and over. If you repeat it enough times it must be true. Why should not we, who have the advantage of having the truth on our side, use the same tactics? Hammer the points into the bloody ground. Maybe then people will open their eyes and see things as they are before it's too late. Wouldn't that be nice for a change?


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