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Originally posted by dgtempe
Judge Napolitano- Fox Analyst
The good judge who is so pro-Bush was on Fox and being interviewed by Bill O'really. Do you know what he said????
He said what Bush is doing is against the LAW
Originally posted by jsobecky
Imagine walking into the DA's office and demanding a complete list of the evidence he holds against a criminal.
Or imagine walking up to Dr. Smith and demanding to know whether one of his patients has HIV.
Originally posted by koji_K
Originally posted by jsobecky
Imagine walking into the DA's office and demanding a complete list of the evidence he holds against a criminal.
That's not hard to imagine if you're the defending attorney. In fact, it's your right. But yes, just anyone can't- because of laws regarding the right to privacy.
We have laws for reasons- one of which is to protect our fundamental rights. The examples you give only highlight that fact. I fail to see how they provide any support for wiretaps.
Originally posted by koji_K
Right to privacy again. Do you not see how eavesdropping might infringe on that right?
We have laws for reasons- one of which is to protect our fundamental rights. The examples you give only highlight that fact. I fail to see how they provide any support for wiretaps.
At the risk of sounding self-important, it's attitudes like mine that gave us the bill of rights and our other legal protections against infringments by the state.
While actions taken in the name of national security might often be valid to protect us, they require the highest scrutiny.
The NY Times should be commended for doing what the founding fathers expected a free press to do- remaining vigilant.
The burden is on the government to explain just how these infringements are protecting us, and frankly they haven't done a good job.
Originally posted by Valhall
Wait a minute, Seekerof, the New York Times refrained, at the request of the White House, from publishing this story for a year. During that period of time they did further research, and you're wanting to convince us (and I assume this through your argument and the link you provided to support it) that this article was some "knee-jerk" reaction that was not vetted?
Bush's own supporters are admitting that he circumnavigated the FISA system and placed himself as requestor and grantor in these actions....they're just fading that fact with a request for further looksies into the matter.
Originally posted by koji_K
If the law has been broken, or even if there is the slightest appearance that the law has been broken, it needs to be investigated. If it takes a NY Times article to bring this fact to our attention, then I say good job NY Times. If the government has acted within the law, then it has nothing to fear.
Originally posted by Seekerof
And likewise, your trying to convince me that the New York Times "researched" this? Your basing this upon what exactly? Simple common knowledge or a unnamed source? I can show a current put to press New York Times article, within this month, where the New York Times did not research or validate a story before putting it to press, but you can somehow assure me and others, while attempting to discredit what I have mentioned and linked, that the New York Times did their homework on this issue and matter, huh?
In what amount of numbers and percentages, Valhall?
Generalized mentions are not cutting it for me, especially when I just posted a link to a very reputable "Bush-supporter", among another, who has not admitted such, in fact contesting to the contrary.
Top Republicans also called for hearings.
"We have to resolve the issue to show Americans we are nation of law not outcomes," Sen. Lindsey Graham of South Carolina said on CBS' "Face The Nation." "I would like to see the intelligence committee look into it."
"There is a theme here that is a bit disturbing," the Judiciary Committee member said.
"If you allow him [Bush] to make findings, he becomes the court. You can't allow him or others to play the role of the court because then others adopt that model when they hold our troops."
Sen. John McCain also said that if the matter goes to a congressional panel that the intelligence community should investigate.
"You've got to be very careful about putting into the open situation" sensitive information "that would be helpful to al Qaeda," he said.
Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, told "CNN's Late Edition with Wolf Blitzer" there were many questions but cautioned against politicizing the matter.
"I'd like to inquire why they didn't go to the Federal Intelligence Security Act," [FISA] which sets up a special court to authorize national security wiretaps," the senator said. "That's a real question they have to answer."
Specter urged caution but said he wanted to know what legal authority the White House had used to launch the programme.
"Let's not jump to too many conclusions. Let's look at it analytically. Let's have oversight hearings. And let's find out exactly what went on," he said on CNN's Late Edition.
Sen. John McCain, an Arizona Republican, said, "I take him (Bush) at his word" that the order was critical to saving lives and consistent with US law and the Constitution."
"The president, I think, has the right to do this, and yet, I don't know why he didn't go" through court procedures, McCain told ABC's This Week.
His admission came a day after the Senate failed to pass expiring provisions of the Patriot Act, the anti-terrorism laws passed after September 11, which Democrats and several Republicans said gave law enforcement and security agencies powers that threatened basic civil liberties.
Several senators said they had refused to support the expiring provisions because of the revelation that Mr Bush had authorised what they considered illegal wire taps.
In his radio address, Mr Bush angrily accused the dissenting senators of putting the security of the US at risk by failing to pass the legislation.
He said all wiretaps authorised by him were legal and had been approved by the Justice Department, which had ruled that the President, as commander in chief, had the power under the constitution to use wiretaps in the "war against terrorism". What is more, Mr Bush said, senior members of Congress from both parties had been briefed about the wiretapping program and had not raised any objections.
But Arlen Specter, the chairman of the Senate judiciary committee, said the wiretapping seemed to be "inappropriate" and that his committee would hold hearings on the program soon to determine its scope and its legality.
Section 1 of Executive Order 13382 includes the U.S. Citizen.
Originally posted by Seekerof
Having said as much, there is really nothing more for me to present or contest, because in doing so, we began the parade of simply going around in circles while never reaching a moderate and objective conclusion.
Originally posted by SkepticOverlord
Debate on this issue is critical, and must be pressed hard by any and all who value the principals on which the United States was born.
The only palatable possible "moderate and objective conclusion" that can possibly come from this is that the U.S. government follow the "rule of law" beyond simply using the phrase in a sentence and abide by the existing laws of the land.
Originally posted by SkepticOverlord
Originally posted by Seekerof
Having said as much, there is really nothing more for me to present or contest, because in doing so, we began the parade of simply going around in circles while never reaching a moderate and objective conclusion.
Debate on this issue is critical, and must be pressed hard by any and all who value the principals on which the United States was born.
The only palatable possible "moderate and objective conclusion" that can possibly come from this is that the U.S. government follow the "rule of law" beyond simply using the phrase in a sentence and abide by the existing laws of the land.
Originally posted by Seekerof
I have yet to see evidences on/in this matter that absolutely shows or indicates that the "rule of law" was not adherred to or broken.
Originally posted by thermopolis
If debate is critical then please include similar incidents of past presidents, including, Linclon, FDR, LBJ, Truman, Clinton and GW
SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.
Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (p), as so redesignated by section 434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by section 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-565), the following new paragraph:
`(q) any criminal violation of section 229 (relating to chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or'.
SEC. 105. EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE.
The Director of the United States Secret Service shall take appropriate actions to develop a national network of electronic crime task forces, based on the New York Electronic Crimes Task Force model, throughout the United States, for the purpose of preventing, detecting, and investigating various forms of electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems.
SEC. 106. PRESIDENTIAL AUTHORITY.
Section 203 of the International Emergency Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to that subparagraph), by striking `; and' and inserting a comma and the following:
`by any person, or with respect to any property, subject to the jurisdiction of the United States;';
(B) in subparagraph (B)--
(i) by inserting `, block during the pendency of an investigation' after `investigate'; and
(ii) by striking `interest;' and inserting `interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and';
(C) by striking `by any person, or with respect to any property, subject to the jurisdiction of the United States`; and
(D) by inserting at the end the following:
`(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.'; and
(2) by inserting at the end the following:
`(c) CLASSIFIED INFORMATION- In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.'.
"Our position is that the authorization to use military force which was passed by the Congress shortly after Sept. 11 constitutes that authority," said Gonzales. He called the monitoring "probably the most classified program that exists in the United States government."
Gen. Michael Hayden, deputy national intelligence director who was head of the NSA when the program began in October 2001, said, "I can say unequivocally we have got information through this program that would not otherwise have been available."
In offering only a glimpse into the program, Hayden said the monitoring would take place for a shorter period of time and be less intrusive than what is normally authorized by the secret surveillance court. Yet he acknowledged that the program is more aggressive than other government monitoring.
Originally posted by deltaboy
Unless you have something to hide from the govt of the United States relating to eavesdropping, ooo let say child pornography, etc. Then you should not be complaining except those who are trying to past child pornography under the noses of the FBI,etc.