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

Posted on 02/06/2006 6:08:53 AM PST by ken5050

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To: Dolphy

Be comforted that you are a normal person having an entirely understandable, normal reaction.

:^)


41 posted on 02/06/2006 6:34:56 AM PST by prairiebreeze (God bless our fine military and their families. God bless them all.)
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To: All

Spector:The ground rules are we will not ask for factual underpinnings of the program. That is for another committee, the intelligence committee.


42 posted on 02/06/2006 6:35:20 AM PST by Peach (Islam is an army disguised as a religion (Freeper Hoosier-Daddy))
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To: 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.

I'd counsel Gonzales to stay well away from any argument that rings of "statutory permission under FISA, in wartime."

43 posted on 02/06/2006 6:35:50 AM PST by Cboldt
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To: Cboldt

AUMF

What does this stand for? thanks.


44 posted on 02/06/2006 6:35:50 AM PST by prairiebreeze (God bless our fine military and their families. God bless them all.)
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To: Peach

Spector: Making disclosures to the gang of 8, we want to know more and the adequacy of that.


45 posted on 02/06/2006 6:35:55 AM PST by Peach (Islam is an army disguised as a religion (Freeper Hoosier-Daddy))
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To: Cboldt

Right on. Only question that needs to be asked, "Does the FISA court overule the II Amendment of the Constitution"?

If not, this meeting is adjourned.


46 posted on 02/06/2006 6:36:02 AM PST by Chuck54 (SCOTUS - Us 2, Them 0. Who's next?)
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To: Cboldt; Mo1; ken5050; All

THE CLINTON ADMINISTRATION AND SENATOR SPECTER'S QUESTION ABOUT "RENUNCIATION" OF PRESIDENTIAL POWER [Andy McCarthy]

Last week’s NRO editorial on Senate Judiciary Chairman Specter’s questions to AG Gonzales in preparation for today’s hearing on the NSA’s terrorist surveillance program analyzed Sen. Specter’s suggestion that President Bush was somehow bound by what the senator took to be President Jimmy Carter’s “explicit renunciation of any claim to inherent Executive authority to conduct warrantless domestic surveillance” in signing FISA.

The Justice Department has convincingly rebutted this suggestion in the answers it provided last Friday to Sen. Specter’s questions – specifically, answer number 6, which demonstrates that renunciation is not merely unsound as a legal theory but also counter-factual in the case of President Carter and FISA. (Speaking for the administration, Attorney General, Griffen Bell unambiguously testified that Carter was in no way renouncing his inherent authority by acceding to FISA).

It is interesting to note, though, that the Clinton administration took an even more aggressive position on this question. Speaking for the Reno Justice Department’s Office of Legal Counsel, then-Assistant Attorney General Walter Dellinger argued that Presidents were not only unaffected and unrestricted by their predecessors’ positions. Dellinger said that Presidents were not even bound by their own positions – or even bound to defend or execute provisions that they themselves had signed into law. Here’s how Dellinger put it in his formal 1994 OLC opinion, provided as guidance to the Clinton White House (italics are mine):

http://corner.nationalreview.com/


47 posted on 02/06/2006 6:36:06 AM PST by hipaatwo
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To: Peach
Spector:The ground rules are we will not ask for factual underpinnings of the program. That is for another committee, the intelligence committee.

My knees have gone weak and my eye is starting to twitch.

48 posted on 02/06/2006 6:36:39 AM PST by prairiebreeze (God bless our fine military and their families. God bless them all.)
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To: Peach

Gonzales looks like he's ready for battle.


49 posted on 02/06/2006 6:36:53 AM PST by Wasanother (Terrorist come in many forms but all are RATS.)
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To: prairiebreeze

LOL.

Specter is reading penalties for lying to Congress.


50 posted on 02/06/2006 6:37:19 AM PST by Peach (Islam is an army disguised as a religion (Freeper Hoosier-Daddy))
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To: Cboldt
The most durable justification for the program is pure reliance on executive authority.

Agreed.

51 posted on 02/06/2006 6:37:45 AM PST by Bahbah (An admitted Snow Flake and a member of Sam's Club)
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To: Peach

What are the penalties for Congress lying to the people and leaking secrets.


52 posted on 02/06/2006 6:37:58 AM PST by hipaatwo
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To: prairiebreeze
Authorization for the Use of Military Force ("AUMF") of September 18, 2001, 115 Stat. 224 (2001)
53 posted on 02/06/2006 6:37:58 AM PST by Cboldt
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To: prairiebreeze

Specter is on our side on this, he's not going to swear Al in. Good move.


54 posted on 02/06/2006 6:38:24 AM PST by defconw (Bushbot,SnowFlake,Levinite, Dittohead,Hannitized and Sam's Club Member.)
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To: Peach; All

http://www.freerepublic.com/focus/f-news/1572680/posts

Gonzales Calls NSA Eavesdropping 'Lawful'
Las Vegas Sun ^ | 6 Feb 06 | Kathryn Shrader

Posted on 02/06/2006 8:20:01 AM CST by xzins


55 posted on 02/06/2006 6:38:34 AM PST by maggief (and the dessert cart rolls on ...)
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To: hipaatwo

He just mentioned the code numbers so I don't know what they say.


56 posted on 02/06/2006 6:38:39 AM PST by Peach (Islam is an army disguised as a religion (Freeper Hoosier-Daddy))
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To: Cboldt
I don't think he'll get that far because he'll buckle this committee in about the 3rd time of stating the President has the Authority under Article 2.
57 posted on 02/06/2006 6:40:06 AM PST by Wasanother (Terrorist come in many forms but all are RATS.)
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To: Peach

Thread yesterday: Specter says FISA may be unconstitutional.

http://freerepublic.com/focus/f-news/1572333/posts


58 posted on 02/06/2006 6:40:08 AM PST by Peach (Islam is an army disguised as a religion (Freeper Hoosier-Daddy))
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To: ken5050

Thanks for starting the thread....caught the tail end of Washington Journal, one of the guests was Prof Robert Turner of Univ of Virginia (Ibelieve) who says the President is fully in compilance with the Constitution and that other so called Constitutional Experts (The George Washington Univ gang...Turley , Cole and others ) are ignorant of the issues in regard to the war time powers of the President....incidentally he says that LEGALLY the Congress has declared War....he stated that the day he was on the panel after the appearance of Gonzales at George Washington Univ where Cole and his students had the Clever little turning of the ir backs on Gonzales....


59 posted on 02/06/2006 6:40:08 AM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: ken5050

Specter: "... very profound questions..."


LOL


[These Senators are so stuck on themselves and their self-importance...]


60 posted on 02/06/2006 6:40:33 AM PST by TomGuy
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