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You choose: Civil liberties or safety? by James P. Pinkerton
Newsday ^ | December 29, 2005 | James P. Pinkerton

Posted on 12/29/2005 9:01:59 AM PST by Nicholas Conradin

This will be remembered as the year in which mass surveillance became normal, even popular. Revelations about the Bush administration's domestic eavesdropping rocked the civil liberties establishment, but the country as a whole didn't seem upset. Instead, the American people, mindful of the possible danger that we face, seem happy enough that Uncle Sam is taking steps to keep up with the challenges created by new technology. Ask yourself: Do you think it's a bad idea for the feds, as U.S. News & World Report mentioned, to monitor Islamic sites inside the United States for any possible suspicious radiation leaks?

(Excerpt) Read more at newsday.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; War on Terror
KEYWORDS: homelandsecurity; patriotleak; pinkerton; spying
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To: quefstar
In order for the President to perform these wire taps he needs judicial review.

No he doesn't, and this precedent has been established for well over 25 years, going all the way back to Jimmy Carter. Even the FISA Court itself is on record as saying that they take it for granted that the President has this power.

You really shouldn't believe everything you read in the big liberal newspapers, because most of it is garbage.

141 posted on 12/29/2005 2:31:25 PM PST by jpl
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To: ThinkDifferent
The procedures of the Constituion are not libertarian. By their nature, forced procedures aren't libertarian.

As is all too common, you are confusing libertarianism with anarchy.

No. Semantics are confusing you about my above statement.

Our Constitutional government only best protects unalienable rights. It doesn't absolutely protect unalienable rights.

We surrender our absolute unalienable right to self determination by accepting our Constitutional form of government. Read the procedures of the Constitution. We sacrifice some measure of self control.

Anarchy is the absence of government control. Libertarianism is the abscense of government control and non-government control.

The procedures of the Constitution are not libertarian.

142 posted on 12/29/2005 2:36:21 PM PST by FreeReign
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To: FreeReign
And your statement is founded on the assumption that the only warrantless wiretaps authorized by the Administration involve people in this country talking to known terrorist organizations abroad.

I'll bet you $20 that, if we ever find out anything about the scope of this program, that will not turn out to be the case.

What's your position on warrantless wiretaps of US citizens making calls to telephone numbers which were called at some time in the past by persons who are simply under suspicion of being connected with a terrorist group abroad?

Because I'll bet you another $20 we are doing that, too.

What's your position on warrantless wiretaps of US citizens making calls to relatives in Middle Eastern countries who have also been called by other distant relatives who are thought to have ties to charities which are believed to finance terrorist organizations?

'Cause I'll bet you another $20 we are doing that, too.

How far removed does it have to be before you say "enough - that ain't part of any inherent 'war power'"?

143 posted on 12/29/2005 2:37:38 PM PST by lugsoul ("Try not to be sad." - Laura Bush)
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To: jpl

I don't trust the government. Try dealing with the IRS about your tax problems. The last thing the IRS wants to do is go to court.


144 posted on 12/29/2005 2:37:54 PM PST by chas1776
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To: Nicholas Conradin

"Hobbes believed in strong government, but he was no totalitarian. Instead, he was reacting to the Wars of Religion that had raged across Europe for the previous century-and-a-half, in which Catholics and Protestants enthusiastically burned and butchered one another by the millions. In addition, Hobbes' own country had just been wracked by a decade-long civil war.

Clearly, a powerful state was needed - a regime that, as he put it, would possess a monopoly of force within the society. Would people lose some of their freedoms? Sure they would, and among the freedoms lost was the freedom to hack to death the deviationist next door."

Wrong; what was needed then and now is a state under the rule of law--not a state ruled in force by men's will.

"That's the reason why, for example, Wyoming is a more libertarian place than New York City. Out in the West, where miles might separate people, you can pretty much do what you want. But, if millions are going to live in close proximity to one another, then lots of red tape is going to thread itself around each resident, governing not only the obvious concerns, such as weapons and pollution, but matters such as noise abatement and cigarette smoking."

Correct; so the laws New Yorkers impose on themselves (at this point I wonder that they don't have cameras in people's--oops the state's home where they allow the serfs to live) need not be imposed in Wyoming.



145 posted on 12/29/2005 2:40:23 PM PST by samm1148
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To: lugsoul

I'm sure you're right. But you'll have to excuse my preference for wiretapping of individuals who want to get me killed!


146 posted on 12/29/2005 2:42:30 PM PST by GOPPachyderm
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To: smith288
My civil rights arent hindered so the question is moot.

Correctomundo.

It is NOT a civil rights violation for the govt. to selectively monitor potential/probable enemies of the United States, especially those who offer financial and moral support to those who have directly attacked our homeland and/or citizens in recent years.

It is embarassing to hear otherwise level-headed conservatives going gaga with claims that "we're all" being eavesdropped by big brother, etc.

Unless and until non-Muslim everyday American Joe-sixpack types are being wiretapped by the NSA, dont bother me with silly conspiracy hallucinations.

147 posted on 12/29/2005 2:43:22 PM PST by Edit35
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To: wolfcreek
Your correct. The PA is, unlike the constitution, a living set of laws that Congress has the ability to change as needed. I'm a gun owner and have nothing to fear but, fear itself. There's always been a crowd out there who fear the Gov. will come and take their weapons. Makes you wonder what they have to hide.

Well, I too fear that the government will sooner or later come to take my weapons. It's happened in other countries and there is a well funded effort supported by the liberal media to do so here.

I believe that there is justification for fear that there are those who wish our government to take guns out of the hands of ordinary citizens.

However, there are those who use that fear to advance other causes by misrepresenting the facts.

148 posted on 12/29/2005 2:46:13 PM PST by untrained skeptic
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To: chas1776
I don't trust the government.

That's fine. I don't much care for the IRS or anti-smoking laws myself. Every one of us has laws that we don't like.

But I'm extremely grateful that this administration is determined to do whatever it takes to try and prevent another major attack from happening on our soil, and so far they've managed to just that, and I think most people are with me on that. The left-wing crybaby attitude is what eventually got us to 9/11 in the first place. The people who think that Bush cares about their library books and porno videos are paranoid fringe characters, in my opinion.

149 posted on 12/29/2005 2:49:56 PM PST by jpl
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To: GOPPachyderm

I got no problem with that. It is the process of indentifying those individuals - and actually having some basis for putting them in that category other than the fact that someone in the NSA thinks they might be - that is at issue. It ain't about wiretaps. It is about how they are obtained. On whose say so. And on what basis.


150 posted on 12/29/2005 2:51:44 PM PST by lugsoul ("Try not to be sad." - Laura Bush)
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To: Beckwith
They were always restored after the emergency.

And when will this "emergency" be over? We knew when the civil war was over because the confederate armies surrendered. We knew when WWII was over because Germany and Japan surrendered.

This is not an "emergency" that will ever be over - at least not in our lifetime. As long as there exists those that practice Islam, there will always be the chance of Islamic terrorism.

A good rule of thumb is that an war against a non-proper noun (poverty, drugs, terrorism) will never end.

151 posted on 12/29/2005 2:53:25 PM PST by JeffAtlanta
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To: MojoWire

Please tell me how you know who is being wiretapped without a warrant, and how I can get this information.


152 posted on 12/29/2005 2:53:32 PM PST by lugsoul ("Try not to be sad." - Laura Bush)
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To: Nicholas Conradin

"This will be remembered as the year in which mass surveillance became normal, even popular."

Pinkerton always was, always will be -- an ignorant ass.


153 posted on 12/29/2005 2:55:43 PM PST by Sam Hill
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To: wolfcreek
I'm a gun owner and have nothing to fear but, fear itself.

LOL - people tend to talk big when they are not under direct threat - once the threat arrives, they usually just roll up into a ball and comply.

The lawful gun owners in New Orleans got their gun confiscated by the government. It's a lot different when it is one homeowner, his wife and some kids versus a group of armed government agents.

Most will talk big and say how their guns will hold off an entire army of government agents but once the situation presents itself, they decide that fighting disarmament isn't worth the lives of their wife and children and hand over all of their guns.

Some like the Branch Davidians resist and they're all dead. Same with the Ruby Ridge group.

The only real way to protect your 2nd amendment rights is through legislation - by the time they come for your guns, it is too late - you'll either have to lick boot or die.

154 posted on 12/29/2005 3:05:06 PM PST by JeffAtlanta
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To: Little Ray; All
Oh my. Quite a debate! Just a few odds and ends here:

I read and post here, among other reasons, because I believe the folks here TRULY appreciate the idea of civil liberties. I'm just skimming here, but my newest thoughts and opinions, for what they're worth, include the following -

Any time I hear a story critical about Bush, my first instinct is to discount it, or wait for the rebuttal to the MSM. There have been so many such stories already. But there is a principle here also. Understood! If President Bush's actions are not defensible under the Constitution, then that is the most serious matter. No doubt. But I am also hearing and reading, from very respectable sources, that Bush's actions, while not following the specific statute cited, are an exercise of recognized constitutional power and have been exercised frequently in the past. In other words, the statutory procedure is not exclusive and possibly unconstitutional if it was meant to be, as it would be an attempted congressional limit to such Constitutional presidential power. Again, that's the argument - perhaps neither the facts nor the law is clear at this point. Or maybe I am speaking from ignorance, something I have never denied doing. :)

I can appreciate a "principled" objection from people I otherwise respect (that excludes the NYT and the usual suspects). We SHOULD be setting forth rules that we would be willing to live under with a Democrat president in office. One of the reasons I became a Republican later in life (like Zell Miller, Democrat party membership was almost a genetic imperative in my family) is because of the rule of law. If a Democrat is elected, it will mean that (1) we will not have done our job and (2) we will have to live with it. Part of the problem with Hillary Clinton is that virtually no one on this site thinks she would obey ANY laws, and we also probably think, by and large, that she would be given cover by large segments of the MSM in any event. That's my opinion, anyway. So if I would not be willing to give any power to Bush that I were not willing to give to her, the presidency would be terribly weak indeed. We have to separate the analysis from the "Hillary" factor. (My comments are not directed to anyone in particular, just the board.)

Anyway, I took one last look at this thread although I gave up earlier based on misunderstood responses, etc. Sometimes I don't try to find the answers, just spot the questions. I try to be polite to a fault here as I believe again that there are generally like-minded and intelligent people here. I save the flame wars for the times I venture onto other sites . . .
155 posted on 12/29/2005 3:43:36 PM PST by cvq3842
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To: OKIEDOC

Thanks. I needed that!


156 posted on 12/29/2005 3:46:32 PM PST by cvq3842
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To: Minus_The_Bear
Do you feel well? Maybe you should lie down and take deep breaths.

After you regain your composure maybe you could tell me (in an adult manner) what on earth you are talking about and why you are attributing to me things I never said?

157 posted on 12/29/2005 3:47:41 PM PST by Protagoras (If jumping to conclusions was an Olympic event, FR would be the training facility.)
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To: lugsoul; FreeReign
How far removed does it have to be before you say "enough - that ain't part of any inherent 'war power'"?

When an act is not taken to defend the country it is not part of the President's inherent war power. This was decided clearly at the Constitutional Convention. The president was empowered and charged to repel sudden attacks without any authority from congress. The principle was stated most clearly by president Jefferson that he was " Unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defence".

The congress is empowered to determine if his acts were reasonably aimed at defending the country. They are not empowered to legislate away his authority, so the Judiciary has no review. The Judiciary is an oligarchial branch of the government and such power would make them utter and unlimited tyrants.

Besides his War Power, the president also, however, has sole power to deal with foreign agents- neither the legislature nor judiciary has any authority here. This was also best stated by Jefferson -as Secy of State- in a letter to Edmund Genet: "I am, therefore, sir, not authorized to enter into any discussions with you on the meaning of our constitution in any part of it, or to prove to you, that it has ascribed to him alone the admission or interdiction of foreign agents."

Of course James Madison, who- before the War of 1812- paid a fortune to an informer for information on US citizens in the US who were sympathetic to the British, is the deepest explicator of the Constitution.

It is seldom noticed in this debate that even solely domestic wiretapping was not covered at all by the Fourth Amendment until the Supreme Court reversed itself and ruled so in 1967- not a very long time ago.
Previously they had ruled that there was no trespasss and so no search. I'm not saying it's bad to extend Fourth Amendment protection to electronic communications via a third party, just that it's a new concept.

158 posted on 12/29/2005 3:50:04 PM PST by mrsmith
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To: cvq3842

PS As for Hillary Clinton and obeying "ANY" laws or not, again I will have to trust that my overall meaning was clear, even though my individual words were not exact. I'm sure there are some laws she has no trouble obeying, although none come to mind right away. ;)


159 posted on 12/29/2005 3:53:17 PM PST by cvq3842
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To: Wolfie
"When the PATRIOT Guards come collecting the guns, a lot of folks are gonna be very confused."

Only the dummies who registered their guns.

Club

160 posted on 12/29/2005 3:54:59 PM PST by verity (The MSM is a National disgrace.)
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