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W. and Wire Tapping
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OK17 Votes - [31.48%]
Not OK29 Votes - [53.7%]
I have nothing to hide, National Security is IMPORTANT!6 Votes - [11.11%]
Do you think they know that I don't use the bathroom anymore?2 Votes - [3.7%]

2005-12-20 11:02 AM
in reply to: #308829

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Philadelphia, south of New York and north of DC
Subject: RE: W. and Wire Tapping
coredump -

http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html


Not that I've been reading up and trying to educate myself on it this morning or anything...

-C


Thanks!

My lunchtime reading list is now complete.


2005-12-20 11:04 AM
in reply to: #308829

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Buttercup
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Subject: RE: W. and Wire Tapping

coredump - 2005-12-20 10:59 AM

http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html

Not that I've been reading up and trying to educate myself on it this morning or anything...

Heh. Same link I found.

I was told today that I am a theory nut. I guess this proves it.

2005-12-20 11:44 AM
in reply to: #308833

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Philadelphia, south of New York and north of DC
Subject: RE: W. and Wire Tapping
Renee -

I was told today that I am a theory nut. I guess this proves it.



I think of you more as a macademia nut, or maybe a pecan.

Here's a question I have after doing a quick scan through FISA.

It says:

§ 1801. Definitions

Release date: 2005-03-17

 

As used in this subchapter:
(a)“Foreign power” means—
(1)a foreign government or any component thereof, whether or not recognized by the United States;
(2)a faction of a foreign nation or nations, not substantially composed of United States persons;
(3)an entity that is openly acknowledged by aforeign government or governments to be directed and controlled by suchforeign government or governments;
(4)a group engaged in international terrorism or activities in preparation therefor;

And then says:

§ 1802. Electronicsurveillance authorization without court order; certification byAttorney General; reports to Congressional committees; transmittalunder seal; duties and compensation of communication common carrier;applications; jurisdiction of court

Release date: 2005-03-17

 

(a)
(1)Notwithstanding any other law, the President,through the Attorney General, may authorize electronic surveillancewithout a court order under this subchapter to acquire foreignintelligence information for periods of up to one year if the AttorneyGeneral certifies in writing under oath that—
(A)the electronic surveillance is solely directed at—
(i)the acquisition of the contents of communicationstransmitted by means of communications used exclusively between oramong foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
(ii)the acquisition of technical intelligence, otherthan the spoken communications of individuals, from property orpremises under the open and exclusive control of a foreign power, asdefined in section 1801(a)(1), (2), or (3) of this title;
(B)there is no substantial likelihood that thesurveillance will acquire the contents of any communication to which aUnited States person is a party; and

What if the agent of a foreign power is also a legal resident of the United States and therefore a United States person as defined by FISA?

It seems clear enough that it is legal to spy on non US persons without a cour order, but what if a terrorist is also a US person?

Any lawyers out there?
2005-12-20 11:49 AM
in reply to: #308900

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Giver
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Subject: RE: W. and Wire Tapping
dontracy - 2005-12-20 12:44 PM
Renee -



(4)a group engaged in international terrorism or activities in preparation therefor;

And then says:


Release date: 2005-03-17

 


(B)there is no substantial likelihood that thesurveillance will acquire the contents of any communication to which aUnited States person is a party; and

What if the agent of a foreign power is also a legal resident of the United States and therefore a United States person as defined by FISA?

It seems clear enough that it is legal to spy on non US persons without a cour order, but what if a terrorist is also a US person?

Any lawyers out there?

I think that's the crux of it. The persons being spyed upon were/are US citizens.

An it sounds like there's a burden of proof that the person's being spyed upon are engaged in terrorism, not merely suspected to be.

2005-12-20 11:51 AM
in reply to: #308680

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Elite
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In my bunk with new shoes and purple sweats.
Subject: RE: W. and Wire Tapping
Renee - 2005-12-20 10:01 AM

run4yrlif - 2005-12-20 8:58 AM

So to get what he wanted, he just went ahead and did it without any authority.

What defies common sense is why he didn't just go ahead do it with authority available to him!!! Why create a tempest when you don't have to? It's just stupid. Or arrogance. Or both.

Can't we sum up everything that comes out of the White House these days with this simple Truth de Renee.

2005-12-20 11:52 AM
in reply to: #308581

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Master
4101
20002000100
Denver
Subject: RE: W. and Wire Tapping
Correction:

I was worng about the number of warrants. Since 1978: 5 of 18,748 have been rejected.

The unanswered question for me - say we assume that the 72 hour retroactive warrant isn't enough time and that yes, this is tying the NSA's hands in trying to intercept communications from terrorists - Why didn't Bush ask to change the law??????? It has been 4 years since 9/11, more than enough time to enact a change, and congress and the courts have consistanly given Bush almost anything he says he needs. We have already fought the tyranny of one King George. We don't need another.


2005-12-20 12:04 PM
in reply to: #308906

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Philadelphia, south of New York and north of DC
Subject: RE: W. and Wire Tapping
run4yrlif -

I think that's the crux of it. The persons being spyed upon were/are US citizens.

An it sounds like there's a burden of proof that the person's being spyed upon are engaged in terrorism, not merely suspected to be.



Hold on, cowboy.

This is just one question that I, a non lawyer, had from a quick reading through the law. There may be other parts of the FISA that address this.

Also, in criminal cases isn't the standard probable cause? In other words, a court order is issued on the basis of a probability that a person has the intent to commit a crime not on the proof that they already have committed one? Is a similar standard assumed here?


Also, since Friday I've been thinking about this in relation to Lincoln and the Civil War.

If I understand this correctly, Lincoln lifted the Writ of Habeas Corpus during part of the war. That seems to clearly have been a violation of the Constitution. Yet, I don't think I've ever read of anyone criticising him for it, although perhaps he deserved criticism.

In this case, it's still not clear, to me at least, that the POTUS has actually done anything illegal. Yet the criticism reigns down on him like he's the second coming of Stalin.




Edited by dontracy 2005-12-20 12:05 PM
2005-12-20 12:12 PM
in reply to: #308933

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Giver
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Subject: RE: W. and Wire Tapping

Hold on yourself there, cowboy. This is the BT, that wild west town where lawlessness and uninformed opinions rule! I don't need no stinkin' JD to tell you what's right and what ain't. 

 

dontracy - 2005-12-20 1:04 PM
Hold on, cowboy.

This is just one question that I, a non lawyer, had from a quick reading through the law.

2005-12-20 12:18 PM
in reply to: #308581

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Master
4101
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Denver
Subject: RE: W. and Wire Tapping
The point about Lincoln is a good one, however, I think the distinction is that this has been ongoing for 4 years, more than enough time to determine the legality, and if necessary, amend the law if it was found lacking. I think the presidents powers are expanded during times of national emergency, such as 9/11, and if he had authorized this spying during this period (even if it is illegal) and then revisited it after the emergency no one would argue about the necessity or legality. If the presidential powers (ability to over-ride any law he sees fit) are supposedly expanded as long as the "war on terror" is ongoing I have grave misgivings...
2005-12-20 12:21 PM
in reply to: #308791

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Champion
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Fairport, NY
Subject: RE: W. and Wire Tapping

ASA22 - 2005-12-20 11:19 AM Just a general reply, goes along with my opinions posted in several other threads, that is a warning to inform oneself fully prior to making a decision regarding a matter reported by the press. To that end I wonder how many of the posters giving their opinion regarding the legality/illegality of the administrations actions have actually read the FSIA and any case decisions PRIOR to forming their opinion. And additionally, how many have looked at the number of applications and grantings of applications done over the years throughout several presidential administrations. ( Ideally, this should be done PRIOR to rendering an opinion, rather than as an after thought.) Or are we just debating on what some media outlet has told us is the story? Until this post I had never read the FSIA, I just did. To say that it grants the President "broad" powers may be an understatement. Just be careful making a determination on the legality/illegality of any action based sloely on media reports. It's dangerous.

You're proposing an unreasonable standard. The average person does not have the time or inclincation to become fully informed to the point of expertise on each issue of governance. For this reason we use a representative democracy rather than a true democracy and we rely on an unencumbered, diligent press to provide us with reliable information about the doings of our government.

"Informing oneself fully" as a citizen does not require reading case law or combing through government records. The only reasonable mean available to Americans to do this is with a judicious and critical examination of the information provided by the press.  Hence the First Amendment.  Implying that only those who have read the case law and the relevant government documents are the only ones who could possibly have valid opinions implies a disdain for some of the most basic underpinnings of American democracy.


The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.
Thomas Jefferson (1787)

2005-12-20 12:31 PM
in reply to: #308933

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Buttercup
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Subject: RE: W. and Wire Tapping

dontracy - 2005-12-20 12:04 PM

Yet the criticism reigns down on him like he's the second coming of Stalin.

Nooooooo.... second coming of King George. You're getting your despots confused.

Come on, Don, keep up.



2005-12-20 1:00 PM
in reply to: #308673

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Elite
2768
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Raleigh
Subject: RE: W. and Wire Tapping

OK for once I am agreeing with Jim. But before I state my next point I do need to say that. Jim a lot of congress did know. See news story here.

House Minority Leader Nancy Pelosi confessed late Saturday that she signed off on President Bush's decision to have a top intelligence agency conduct "unspecified activities" to gather intelligence on possible terrorists operating inside the U.S. in the wake of the 9/11 attacks.

"I was advised of President Bush's decision to provide authority to the National Security Agency to conduct unspecified activities shortly after he made it and have been provided with updates on several occasions," Pelosi admitted.

The San Francisco Democrat claimed she expressed "strong concerns" about the "unspecified activities" at the time, but offered no evidence to that effect.

Pelosi declined to explain why she didn't make public her concerns about the authorization, which Democrats now say was an outrageous abuse of civil rights.

BUT...

That being said, I still think if we have laws that are required to get wire taps then we need to follow them for all American citizens. If we begin to let the government trample on a few rights and think it is ok, they will do the same to other ones and then say well you didnt think it was a problem before. We need to protect all of all rights, not just the ones that are important to us.

So W. stepped out of his bounds...

run4yrlif - 2005-12-20 8:55 AM
CVSURF - 2005-12-20 9:50 AM

It sounds by his speech that Congress did know.

 

Yeah it does, but it's funny that AFAIK, no congressman has confirmed this. And further, Arlen Specter, the republican chair of the Judiciary Committee said he didn't know. You'd think if W. told anyone, it would be that guy.

2005-12-20 1:02 PM
in reply to: #308970

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Philadelphia, south of New York and north of DC
Subject: RE: W. and Wire Tapping
Renee -

Nooooooo.... second coming of King George. You're getting your despots confused.

Come on, Don, keep up.



LOL... Sorry, being of Eastern European heritage, I had no reason to think of anyone Anglo...


Edited by dontracy 2005-12-20 1:03 PM
2005-12-20 1:05 PM
in reply to: #308997

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Giver
18427
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Subject: RE: W. and Wire Tapping

Uh...I don't think signing off agreeing to "unspecified activities" constitutes knowing what the POTUS was doing.

 That's like telling your kids it's ok to go do "stuff" and then having them tell you that you said it was OK for them to smoke weed.

 

golfinggods - 2005-12-20 2:00 PM

House Minority Leader Nancy Pelosi confessed late Saturday that she signed off on President Bush's decision to have a top intelligence agency conduct "unspecified activities"

2005-12-20 1:12 PM
in reply to: #308953

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Elite
2733
200050010010025
Venture Industries,
Subject: RE: W. and Wire Tapping
marmadaddy - 2005-12-20 12:21 PM

ASA22 - 2005-12-20 11:19 AM Just a general reply, goes along with my opinions posted in several other threads, that is a warning to inform oneself fully prior to making a decision regarding a matter reported by the press. To that end I wonder how many of the posters giving their opinion regarding the legality/illegality of the administrations actions have actually read the FSIA and any case decisions PRIOR to forming their opinion. And additionally, how many have looked at the number of applications and grantings of applications done over the years throughout several presidential administrations. ( Ideally, this should be done PRIOR to rendering an opinion, rather than as an after thought.) Or are we just debating on what some media outlet has told us is the story? Until this post I had never read the FSIA, I just did. To say that it grants the President "broad" powers may be an understatement. Just be careful making a determination on the legality/illegality of any action based sloely on media reports. It's dangerous.

You're proposing an unreasonable standard. The average person does not have the time or inclincation to become fully informed to the point of expertise on each issue of governance. For this reason we use a representative democracy rather than a true democracy and we rely on an unencumbered, diligent press to provide us with reliable information about the doings of our government.

"Informing oneself fully" as a citizen does not require reading case law or combing through government records. The only reasonable mean available to Americans to do this is with a judicious and critical examination of the information provided by the press.  Hence the First Amendment.  Implying that only those who have read the case law and the relevant government documents are the only ones who could possibly have valid opinions implies a disdain for some of the most basic underpinnings of American democracy.


The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.
Thomas Jefferson (1787)



My point is 1) Why would you rely upon the press when we are talking about whether a public law was violated. All public laws are a matter of public record.
2) I don't believe asking people to be well informed is an "unreasonable standard". In this issue for example there is one side (The President) that indicates that the Executive had the legal authority to do what was done, another side believes that t=no such authority exists. Why take someone's word for it, be smart, in this age of information, find out, form your own opinion based upon the facts. don't take anyones spoon fed recitation as gospel.
3) The press is far from an unbiased reporter of "just the facts and only the facts" The press should be questioned just as much as any politician. We have had numerous press scandals at even the most prestigious media sources regarding articles that were inaccurate, unsupported by credible sources or outright lies.

4) Don't think I said anything about disbanding the press or anything that is contrary to the 1st amendment, thus I'm not really sure what the qoute about the press has to do with anything. But Ok, I'll bite, I agree a free press is criticle to a free Government. But what is even more criticle is a well informed citizenry. Following the press blindly is as dangerous as following any politician blindly. We are critical of what politicians have to say, why wouldn't we be equally as critical of the press. I don't often agree with Renee but she is always well informed.

In this case it just seemed to me that there was a great deal of discussion about the violation of a Law, and it didn't seem that anyone had read the actual law. the thing is only about 6 pages, and is easily found.

and quit frankly the idea that someone doesn't have the "inclination" to become fully informed I find to be a weak arguement. just because someone doesn't have the "inclination" to do somethign does not mean that failure to do so is warranted.
I agree with you that being informed requires "a judicious and critical examination of the information provided by the press". But what does that mean?

Man, I didn't think a post about having people become more infromed, or more educated about an issue was so offensive. Sorry for such a radical idea as asking for one to be informed prior to reaching an opinion.
2005-12-20 1:12 PM
in reply to: #309006

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Elite
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Raleigh
Subject: RE: W. and Wire Tapping

Oh Jim, come on. It is Nancy Pelosi; she hates W. You think she would really sign off on something giving him that much latitude? They all knew, just now it is coming to bite them on the ass. What do you think unspecified activites are???

And for a correct analogy would be:

Letting your kids go to the keg party but being pissed because you didnt tell them they could drink an drive when you told them they had to have the car home at 12.

run4yrlif - 2005-12-20 1:05 PM

Uh...I don't think signing off agreeing to "unspecified activities" constitutes knowing what the POTUS was doing.

 That's like telling your kids it's ok to go do "stuff" and then having them tell you that you said it was OK for them to smoke weed.

 

golfinggods - 2005-12-20 2:00 PM

House Minority Leader Nancy Pelosi confessed late Saturday that she signed off on President Bush's decision to have a top intelligence agency conduct "unspecified activities"



2005-12-20 1:17 PM
in reply to: #309017

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Giver
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Subject: RE: W. and Wire Tapping

Didn't you read the Jay Rockefeller letter posted earlier? 

 

golfinggods - 2005-12-20 2:12 PM

Oh Jim, come on. It is Nancy Pelosi; she hates W. You think she would really sign off on something giving him that much latitude? They all knew, just now it is coming to bite them on the ass. What do you think unspecified activites are???

And for a correct analogy would be:

Letting your kids go to the keg party but being pissed because you didnt tell them they could drink an drive when you told them they had to have the car home at 12.

 

run4yrlif - 2005-12-20 1:05 PM

Uh...I don't think signing off agreeing to "unspecified activities" constitutes knowing what the POTUS was doing.

That's like telling your kids it's ok to go do "stuff" and then having them tell you that you said it was OK for them to smoke weed.

 

golfinggods - 2005-12-20 2:00 PM

House Minority Leader Nancy Pelosi confessed late Saturday that she signed off on President Bush's decision to have a top intelligence agency conduct "unspecified activities"

2005-12-20 1:27 PM
in reply to: #309016

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Buttercup
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Subject: RE: W. and Wire Tapping

asa22

Sorry for such a radical idea as asking for one to be informed prior to reaching an opinion. 

Well now you're just talkin' crazy, dude.

2005-12-20 1:58 PM
in reply to: #308953

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Elite
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Venture Industries,
Subject: RE: W. and Wire Tapping
[The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.
Thomas Jefferson (1787)



"You can never get all the facts from just one newspaper, and unless you have all the facts you cannot make proper judgments about what is going on." Harry S. Truman,
2005-12-20 2:13 PM
in reply to: #309016

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Champion
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Fairport, NY
Subject: RE: W. and Wire Tapping

1 - All public laws are a matter of public record, but many of them, particularly federal law, require years of education and experience to decipher one you've found the one you care about. For the majority of Americans, functionally, the letter of the law is inaccessible.

2 - Being well informed is not an unreasonble standard. I believe it's our duty as citizens. What I do believe is unreasonable is your definition of "well informed".

3 - "a judicious and critical examination of the information provided by the press" means an examination of multiple sources of news from different points on the political spectrum. This is how to get around the fact that "the press is far from an unbiased reporter "

4 - The quote about the press was to show that Jefferson considered the most important function of the press to be informing the citizenry of the doings of government. I could have found a better quote. Edit: This implies that Jefferson considered a reliance on the press to be ok.

My basic position is that not being an expert on just about everything, I have to rely on the opinions of those who are expert in their fields. Usually that expertise is found via the press.

I believe it's reasonable for the average citizen to use the press to come to a reasonably well informed opinion on most issues as long as they use multiple sources of information that are easily accessible (intellectually as well as physically) to them.

And I wasn't at all offended. I was making a point of discussion. You explain your positions far too lucidly for them to be considered offensive.

2005-12-20 2:23 PM
in reply to: #309113

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Elite
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Venture Industries,
Subject: RE: W. and Wire Tapping
marmadaddy - 2005-12-20 2:13 PM

1 - All public laws are a matter of public record, but many of them, particularly federal law, require years of education and experience to decipher one you've found the one you care about. For the majority of Americans, functionally, the letter of the law is inaccessible.

2 - Being well informed is not an unreasonble standard. I believe it's our duty as citizens. What I do believe is unreasonable is your definition of "well informed".

3 - "a judicious and critical examination of the information provided by the press" means an examination of multiple sources of news from different points on the political spectrum. This is how to get around the fact that "the press is far from an unbiased reporter "

4 - The quote about the press was to show that Jefferson considered the most important function of the press to be informing the citizenry of the doings of government. I could have found a better quote. Edit: This implies that Jefferson considered a reliance on the press to be ok.

My basic position is that not being an expert on just about everything, I have to rely on the opinions of those who are expert in their fields. Usually that expertise is found via the press.

I believe it's reasonable for the average citizen to use the press to come to a reasonably well informed opinion on most issues as long as they use multiple sources of information that are easily accessible (intellectually as well as physically) to them.

And I wasn't at all offended. I was making a point of discussion. You explain your positions far too lucidly for them to be considered offensive.



Cool. Perhaps my definition of "well informed" is overbroad. However, I still believe that we (As a country, not BT'ers) tend to be poorly informed. I also believe that the power brokers in this country, be they political, social, or industrial, count on the general publics apathy and ignorance; and use it to their advantage.


2005-12-20 2:27 PM
in reply to: #309127

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Champion
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Fairport, NY
Subject: RE: W. and Wire Tapping

ASA22 - 2005-12-20 3:23 PM  Cool. Perhaps my definition of "well informed" is overbroad. However, I still believe that we (As a country, not BT'ers) tend to be poorly informed. I also believe that the power brokers in this country, be they political, social, or industrial, count on the general publics apathy and ignorance; and use it to their advantage.

You mean like this: "Oh, and RED bikes are fastest"

2005-12-20 4:33 PM
in reply to: #308581

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Pro
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Subject: RE: W. and Wire Tapping
While I don't agree with what happened (not in the slightest), my big concern is what the OTHER implications can be if we turn the other cheek on this one. What ELSE can scamper out from under the rug if we allow broad powers to be used, well, broadly. Perhaps it is the conspiracy theorist in me, but I fear for the powers of the press (tap journalists phones, they might know terrorist sources) and for freedom of speech (anti war or Islamic (non militant) groups or anyone else who makes a clammor).

I'm concerned at where it will stop, what will be the final line for ANY president, not just Bush. When is it a violation of civil liberties and when is it national security?
2005-12-20 6:11 PM
in reply to: #309306

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Master
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Lexington, Kentucky
Subject: RE: W. and Wire Tapping

10 points to the first person to identify the source of this quote:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

To those folks who do not object to the President George W. Bush authorizing searches of US Citizens without any oversight - would you be equally comfortable if President Hillary Rodham Clinton were to do the same?

2005-12-20 6:29 PM
in reply to: #308933

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Master
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Lexington, Kentucky
Subject: RE: W. and Wire Tapping

dontracy - 2005-12-20 12:04 PM

Also, since Friday I've been thinking about this in relation to Lincoln and the Civil War.

If I understand this correctly, Lincoln lifted the Writ of Habeas Corpus during part of the war. That seems to clearly have been a violation of the Constitution. Yet, I don't think I've ever read of anyone criticising him for it, although perhaps he deserved criticism.

Ahem. From wikipedia:

 [Lincoln's suspension of Habeus Corpus] was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney) in Ex Parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order.

And

 Critics vehemently attacked him for violating the Constitution, overstepping the traditional bounds of executive power, refusing to compromise on slavery in the territories, declaring martial law, suspending habeas corpus, and for ordering the arrest of some adversarial state government officials and a number of publishers.

I have also been pondering the comparison of the Civil War and Operation Iraqi Freedom. Great minds think alike. (so, apparently, do mediocre ones.

The Civil War was obviously extremely divisive to the nation;

The President is viewed by many to have overstepped the limits of his Constitutional authority.

It took a lot longer than anyone expected due, in part, to tactical and strategic errors made by leadership early in the course of the war;

Ultimately the right side prevailed (and let us hope and pray this proves to be the case in Iraq);

The war remained controversial for generations afterward. (To this day some people do not agree that the "right side prevailed".);

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