Posted on 12/19/2005 1:53:38 PM PST by Cinnamon
Opps. that ws NOT a comment from Hayden. It appears to be an assertion of the reporter. Either way, it takes the minority view on this thread.
Are they going to investigate Clinton too? He was doing it, and IIRC, I don't think he even advised Congress, so he violated even FISA as well as the BOR.
Local Man does not mean United States Person.
When he agreed to work for Al Quaeda, he becam a foreign agent and forfeited his citizenship. Hang the bastard!
I like your thinking.
;-)
*chuckle*
Me, too (bookmarking)
How do you know Osama still has a beard? Maybe we should be monitoring your phone conversations?
Thanks for the belly laugh!
Nice!
So far, I haven't read of any administration official using FISA as the source of authority or justification for the surveillance reported by the NYT.
From President Bush's presser this morning ...
President BUSH: 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.http://www.whitehouse.gov/news/releases/2005/12/20051219-2.html
Whoa there even as much as I dislike the dems I'll not agree with that. I'd even have to say near trollish LOL.
Read the question I supplied the answered to in post 41.
You reading my mind? :o) That thought was just passing through my mind.....that someone set up here prior to NYT leak. Who wants to see the Republicans/Conservatives split on this? Who would it benefit?
I don't read minds, but it is entirely possible that such a situation as decribed is the case.
Has happened before.
(NOT the mind reading bit though.)
http://www.freerepublic.com/focus/f-news/1543806/posts
Thank You for Wiretapping (WSJ Editorial - Nails It)
Opinion Journal ^
Posted on 12/20/2005 12:36:39 AM CST by indianrightwinger
Thank You for Wiretapping Why the Founders made presidents dominant on national security.
Tuesday, December 20, 2005 12:01 a.m. EST
Wisconsin Democrat Russ Feingold wants to be President, and that's fair enough. By all means go for it in 2008. The same applies to Lindsey Graham, the South Carolina Republican who's always on the Sunday shows fretting about the latest criticism of the Bush Administration's prosecution of the war on terror. But until you run nationwide and win, Senators, please stop stripping the Presidency of its Constitutional authority to defend America.
snip
The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."
snip
The following post, and several before and after, contain my assertion as well as links to source material on that point ...
http://www.freerepublic.com/focus/f-news/1541989/posts?page=68#68
The case is a dense read, but lays out a very good history that illustrates the unnecessary development of restrictive rules for data sharing.
The government makes two main arguments. The first, it must be noted, was not presented to the FISA court; indeed, insofar as we can determine it has never previously been advanced either before a court or Congress. That argument is that the supposed pre-Patriot Act limitation in FISA that restricts the governments intention to use foreign intelligence information in criminal prosecutions is an illusion; it finds no support in either the language of FISA or its legislative history. ...The court endorsed this line of argument with very persuasive logic.In Re: Sealed Case No. 02-001, 310 F.3d 717 (Foreign Int. Surv. Ct. Rev. 2002)
http://www.fas.org/irp/agency/doj/fisa/fiscr111802.html <- HTML
http://www.epic.org/privacy/terrorism/fisa/FISCR_opinion.pdf <- PDF
As for the role of the Truong case in the development of wiretapping case law, I encourage you to read In Re: Sealed Case."
FWIW, neither Truong nor "In re: Sealed Case" are all that helpful to illuminate the perimeter of the "inherent power" of the President, or the "inherent power" as augmented by a Congressional Act that authorizes the use of force against an enemy of the state. That boils down to a contest between the government and the 4th amendment.
An important term of art in that discussion will be "foreign intelligence information." The court in "In re: Sealed case gives an example of where -IT- might find against the government. I note that the Supreme Court has the power to overrule the lower court should a case come along.
The government claims that even prosecutions of non-foreign intelligence crimes are consistent with a purpose of gaining foreign intelligence information so long as the governments objective is to stop espionage or terrorism by putting an agent of a foreign power in prison. That interpretation transgresses the original FISA. It will be recalled that Congress intended section 1804(a)(7)(B) to prevent the government from targeting a foreign agent when its true purpose was to gain non-foreign intelligence informationsuch as evidence of ordinary crimes or scandals. See supra at p.14. (If the government inadvertently came upon evidence of ordinary crimes, FISA provided for the transmission of that evidence to the proper authority. 50 U.S.C. § 1801(h)(3).) It can be argued, however, that by providing that an application is to be granted if the government has only a significant purpose of gaining foreign intelligence information, the Patriot Act allows the government to have a primary objective of prosecuting an agent for a non-foreign intelligence crime. Yet we think that would be an anomalous reading of the amendment. For we see not the slightest indication that Congress meant to give that power to the Executive Branch. Accordingly, the manifestation of such a purpose, it seems to us, would continue to disqualify an application. That is not to deny that ordinary crimes might be inextricably intertwined with foreign intelligence crimes. For example, if a group of international terrorists were to engage in bank robberies in order to finance the manufacture of a bomb, evidence of the bank robbery should be treated just as evidence of the terrorist act itself. But the FISA process cannot be used as a device to investigate wholly unrelated ordinary crimes.
I came back to say, LOL and touche!
"Sorry, but the government has gone overboard here and is probably in violation of the law. See we have a Bill of Rights that precludes spying on citizens without a warrant."
Please could you show which Right within the Bill of Rights protects terrorists? National security I do believe trumps terrorists rights, that is unless one follows the liberal method of operation. Liberalism has replace the Bill of Right with 'civil rights', so even under liberalism those Bill of Rights do not apply.
Don't tell them, or I'll be forced to alter their memories.
And using my Jedi mind tricks give me a headache.
Yeah, I think "not-a-whole-dek" doesn't understand that one cannot wiretap an "association" or "corporation" without wiretapping the people in it.
I suppose he, like all liberals, thinks corporations are self-animating forces with no actual humans doing things.
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