LIVE THREAD: SJC hearing on the NSA surveilance program - C-span 1; 9:30 am EST

[tiredoflaundry]

LOL ! Great minds!

[Coop]

Before we get started, I'd just like to say that Arlen Spectre is a &*(@#$% @#!%#$!!

Thank you.

[leadpenny]

Thanks for starting the thread.

[MANO]

Gonzales should ask Rockerfeller on National TV if he is the source.


Now that would be impressive

[Cboldt]

I think this will be all about construction of the AUMF.

I see some danger in that approach (which seems to be the approach chosen by Gonzales, DoJ and the President), because it is finding authority for the program in a grant from Congress, instead of asserting inherent authority regardless of what Congress says.

As a result, other point that seems to go by without much probing is the 4th amendment. I think that is important, because at some point in time, the AUMF will be a historical document, with no present effect or force. Should the surveillance stop then?

[Wasanother]

I hope you're not. I want to hear Rockefeller go into defense mode.

[Boston Tea Party]

Rockefeller is the ranking member on the Intelligence committee (oxymoron alert).

[johnny7]

Let the festivities begin.

[The South Texan]

Let the Theater of the Obsurd begin. Keep us (that are working and keeping the economy strong) that are without CSPAN or whatever cable networks it's showing on updated.

[Miss Marple]

I have to leave in a few minutes, but will check in around 11:00. Thanks for starting the thread.

This is the same committee we heard from so eloquently last week, right?

Bob Beckel is the person who had the responsibility of getting the FISA law passed in Congress under Carter in 1978. Well, doesn't THAT make me feel comforted! (I just heard this on Fox.)

[hipaatwo]

here; half asleep; waiting to hear b.s. from senators

[prairiebreeze]

"jinkie"..."pind and"

Do I need to get my decoder ring out in order to participate on this thread?

:^P

[TomGuy]

This committee highly resembles the Judiciary Committee membership.

hmmmm

[Dolphy]

Just the sight of Kennedy and Leahy and I'm already angry...

[Cboldt]

DoJ letter of December 22, 2005, describing legal justification
FISA Warrant statistics
1975 Senate hearings (eerie parallel?)
Levy - Rivkin debate (good, simplifed overview of arguments)

[maggief]

[johnny7]

Kennedy looks lit... bet he drained a half-pint on the ride over.

[Wasanother]

Carter wasn't under a war scenario to where his Constitutional Authorities applied or was given authorization for use of force by congress. Even according to FISA the rules change under those scenarios.

[Cboldt]

Show time on C-SPAN. Specter making opening comments. Going into history of FISA, and notes Constitutional issue relating to inherent powers of the President (good on Specter to bring that up).

Specter notes that the administration finding authority in the AUMF is not convincing (to him). I agree - and besides the pitfall I noted above, if the President asserts this, some Congresspeople will become reluctant to grant future authorizations to use force, on a belief that the President will construe them too broadly.

The most durable justification for the program is pure reliance of executive authority.

[Peach]

Spector: Question asked of AG is the role of the FISA court in granting permission in advance or 72 hours after the president authorizes wiretapping.

The whole question of probable cause is one with flexibility under our laws. FISA has reputation for integrity and no leaks, unlike Congress, the administration and perhaps the world.

They are well respected in terms of technical competence.

We will ask whether the admin. will consider sending this entire program to the FISA court for their evaluation.