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Uncovered

Sounding Off on Bush’s Spy Program

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Ever since the New York Times first disclosed on Dec. 16 that President Bush had authorized a warrantless domestic spying program in the wake of 9/11, the blogosphere and the Op-Edosphere have been awash in legal analyses of the program. This roundup contains some of the most linked- and responded-to analyses on the ‘Net, and serves as a good jumping-off point for the debate. (The professional affiliations of the authors are self-provided or come from their own websites.)

Following the list are links to primary documents and other source materials relevant to the issue.

Analyses

  • David Cole, law professor at Georgetown University; author of “Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism”
  • Bush acted, in other words, as if there are no checks and balances in the American system of government. Some things changed drastically after 9/11, but we cannot allow that to be one of them. (Salon)

  • Tom Daschle, former Democratic senator from South Dakota and Senate majority leader in 2001-02; distinguished senior fellow at the Center for American Progress
  • If the stories in the media over the past week are accurate, the president has exercised authority that I do not believe is granted to him in the Constitution, and that I know is not granted to him in the law that I helped negotiate with his counsel and that Congress approved in the days after Sept. 11. (Op-ed in the Washington Post)

  • Dale Franks, publisher and editor of the monthly political journal, The New Libertarian
  • In the end, whether this will be ruled a violation of FISA will depend very much, I think, on how much deference the Court is willing to extend to the president as Commander in Chief during wartime. In any event, it certainly isn’t an open and shut case, no matter what position you take. (QandO)

  • Glenn Greenwald, retired litigator who spent the past 10 years specializing in First Amendment challenges, including some of the highest-profile free speech cases of recent years.
  • The issue is not whether the President has this authority to eavesdrop without a warrant but whether it is legal for him to do so in the face of a Congressional law which makes it a crime to engage in such conduct. And none of the authorities they cite conclude that the President has such a royal power. Not one. (Unclaimed Territory)

  • Orin Kerr, associate professor of Law at George Washington University Law School, prolific scholar in the area of criminal law, criminal procedure and computer crime law
  • I think the legality of the NSA surveillance program is a very difficult question, and it depends on details we mostly don’t yet know. (The Volkh Conspiracy)


  • Martin Lederman, Attorney Advisor in the Department of Justice’s Office of Legal Counsel from 1994 to 2002; visiting Professor of law, Georgetown University
  • Such a sweeping claim of presidential power to ignore all statutes regulating his behavior in wartime is radical and profoundly troubling—and, as far as I know, virtually unprecedented. (Balkinization)

  • Richard Posner, judge on the U.S. Court of Appeals for the 7th Circuit; senior lecturer in law at the University of Chicago
  • The Foreign Intelligence Surveillance Act makes it difficult to conduct surveillance of U.S. citizens and lawful permanent residents unless they are suspected of being involved in terrorist or other hostile activities. That is too restrictive. (Op-ed in the Washington Post)

  • David Rivkin and Lee Casey, lawyers who served in the Justice Department in the Reagan and George H. W. Bush administrations
  • The president has the constitutional authority to acquire foreign intelligence without a warrant or any other type of judicial blessing. The courts have acknowledged this authority, and numerous administrations, both Republican and Democrat, have espoused the same view. ( joint Op-Ed in the New York Times)

  • James S. Robbins, senior fellow in national-security affairs at the American Foreign Policy Council; a trustee for the Leaders for Liberty Foundation
  • I also have no doubt that these and similar actions can be legal, even when conducted without warrants. (National Review Online)

  • John Schmidt, served under President Clinton from 1994 to 1997 as the associate attorney general of the United States; partner in the Chicago-based law firm of Mayer, Brown, Rowe & Maw
  • I do not believe the Constitution allows Congress to take away from the president the inherent authority to act in response to a foreign attack.  (Op-Ed in the Chicago Tribune)

  • Daniel Solove, associate professor of law at the George Washington University Law School
  • Bush’s surveillance was in violation of FISA. FISA requires the government to first obtain a court order from the Foreign Intelligence Surveillance Court before engaging in the surveillance. Bush didn’t do this. (Concurring Opinions)

  • Geoffrey Stone, Distinguished Service Professor of Law at the University of Chicago Law School; author of multiple award-winning “Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism”

    Mr. Bush has the audacity to assert that his authorization of NSA surveillance of American citizens on American soil is “lawful.” It is not. (U. Chicago Law School Faculty Blog)

  • Cass Sunstein, Karl N. Llewellyn Distinguished Service Proffessor of Jurisprudence, University of Chicago Law School; worked as an attorney-advisor in the Office of the Legal Counsel of the DOJ
  • If the President’s wiretapping has been limited to those reasonably believed to be associated with Al Qaeda and its affiliates—as indeed he has said—then the Attorney General’s argument is entirely plausible. (U. Chicago Law School Faculty Blog)

  • Robert Turner, served as counsel to the President’s Intelligence Oversight Board, 1982-84; co-founder of the Center for National Security Law at the University of Virginia School of Law
  • The president is right to continue monitoring the communications of our nation’s declared enemies, even when they elect to communicate with people within our country. (Schneier on Security)


    Other Resources

  • Media Matters’ Top Ten Media Myths and Falsehoods on the Spy Scandal
  • Primary Sources

  • The U.S. Department of Justice’s response to several senators who questioned the program (.pdf file)
  • Transcript of the first-ever hearing of the U.S. Foreign Intelligence Surveillance Court of Review (2002)
  • U.S. Foreign Intellience Surveillance Court of Review’s only ruling (loosened the rules for obtaining evidence in cases of spying or terrorism) (2002)

  • (Hat Tip for the following five links: Concurring Opinions)

  • Foreign Intelligence Surveillance Act (FISA) (1978)
  • Authorization for Use of Military Force (Sept. 14, 2001)
  • Press Briefing by Attorney General Alberto Gonzales and General Michael Hayden, principal deputy director for National Intelligence (Dec. 19, 2005)
  • United States v. United States District Court, 407 U.S. 297 (1972) (aka the Keith case--Fourth Amendment analysis of national security surveillance)
  • Hamdi v. Rumsfeld, 124 S. Ct. 981 (analysis of the scope of authority granted by Congress’ Authorization to Use Military Force) (2004)

Compiled by Blair Golson

Created on Jan. 2, 2006, last updated on Dec. 11, 2006

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By Michael John Keenan, March 8, 2006 at 11:53 pm #
(Unregistered commenter)

Here is how the game is played. The British liaison officer at Fort Meade types the target list of ‘suspects’ into the American computer. The NSA computer sorts through its wiretaps and gives the British officer the recording of any American citizen he wants. Since it is technically a British target of surveillance, no American search warrant is necessary. The British officer then simply hands the results over to his American liaison officer.

(The Secret War Against the Jews: How Western Espionage Betrayed the Jewish People; John Loftus and Mark Aarons; Copyright 1994 [SC]; St. Martin’s Press; ISBN 0-312-15648-0; p. 189-190.)

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By c u n d gulag, February 12, 2006 at 7:58 am #
(Unregistered commenter)

They keep telling us that ‘if we have nothing to hide, we have nothing to be afraid of.’
Now, put that shoe on the other foot, the one that’s in this “mis"-Administrations rather tight-lipped mouth.
Preznit Bush, show us what you got!!!  If you have nothing to hide, you have nothing to be afraid of…
Well? 
I thought not…

Report this

By Sylvia Barksdale Morovitz, February 1, 2006 at 3:33 pm #
(Unregistered commenter)

“Now is the time for all good men to come to the aid of their country” [?]

Bush has undeniably overstepped his bounds with his spying program.  We, the people are but pawns who pay the taxes to keep this egotistical individual up to his dirty tricks.  Since he first illegaly stepped into the Oval Office, he has granted unto himself too much power.  Now, he wants it all.  Forget Congress.  Forget the House of Representatives.  Most brazenly, forget our Constitution!

It’s time he faced the music just like any other criminal who breaks the law.  There are consequences when one is caught.  He is jailed and has his day in court.  This verdict is guilty.  He’s already admitted it and dared anyone to question him or challenge him.

I’m with Molly Ivens in that I do not understand why Americans are so afraid of this person.  His heart beats, his blood runs red, he sleeps and he awakens, just like any of us.  Is it because his evilness is all encompassing?  Are we afraid because we’re so uncertain of what he might do?

What more can he do to deprive the common man of the basics of existance?  In five short years he has destroyed every hope for a decent, secure future for the majority of Americans.  We’re left only to pay the taxes to keep his killing machine operating.

It’s long past time that GW Bush was stopped in his tracks.  Obviously. it has never crossed his mind that he is where he is to serve the people, not to ride roughshod over us as if he were King George.  His damage is enough already.  It’s time that we demanded action from our representatives in Washington; action that will remove he and his henchmen forever from any part in our government!

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By Jeff Yeoh, January 31, 2006 at 8:32 pm #
(Unregistered commenter)

Ive heard David Cole point out that subsection 18.11 of the FISA law allows the president, through the attorney general, to authorize electronic surveillance without court order for up to a period of 15 days following a declaration of war by congress.

So why has this gone on for years?  Even in a time of war (declared or otherwise) the president’s warrantless wiretapping is still limited by FISA to only 15 days.  Clearly, the president has broken the law (committed a felony).  It is time for impeachment.

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By Jim MacKrell, January 30, 2006 at 2:18 pm #
(Unregistered commenter)

Please keep up the vigil in these most confusing and dangerous times in our Country.

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By Son of Payne, January 30, 2006 at 3:29 am #
(Unregistered commenter)

The Bush administration has publicly stated that they did not seek FISA court permission for domestic wiretapping because the process was too slow and a major inconvenience for the Justice Department. They have also stated publicly that they did not ask the Congress for more leeway in the wiretapping laws because they felt they would be refused. In fact, in 2002 the administration claimed they were pleased with the powers granted them by Congress for counter terrorism wiretapping and didn’t need further legislation. Why the change? It would seem that the New York Times release of a story they sat on for a year that the Bush administration was conducting domestic/international wiretapping called the admistrations hand on wiretapping (if no one was asking you don’t have to tell was their position.) Now, some explaination has to be given to the American people. One explaination given is that the war on terrorism is fast paced and the administration can’t be bound or bothered by an outmoded law from the 70’s that does not serve the aims of its war on terror. Secondly, the President has the power to use any means that he feels reasonable without probably cause to ensure our safety in the war on terrorism (the often cited Unitary Executive Doctrine.) What is suspicious in all this is that in order to get either of these affirmations the administration would have had to reveal exactly who they wanted to wiretap and electronically monitor. They say publicly they are monitoring only domestic/international calls and emails. But, if this is found to be false it carries no legal court penalty of perjury. A document submitted to FISA claiming only domestic/international surveillance could, if found later that domestic/domestic and anti administration political groups were under surveillance could be very troubling legally for this administration.This administration is, and always has, acted like it has something to hide. I believe it does.

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By Marty Didier, January 28, 2006 at 1:06 pm #
(Unregistered commenter)

Comment:
“Marty, why aren’t you worried about the A family finding out what you are saying now?”

Reply:
I was for some time but since posting a little here and there, I’ve learned that they aren’t doing anything about it.

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By me, January 27, 2006 at 3:51 pm #
(Unregistered commenter)

Marty, why aren’t you worried about the A family finding out what you are saying now?

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By JudyG, January 27, 2006 at 9:31 am #
(Unregistered commenter)

Whether the President’s actions in using wiretaps and other surveillance on American citizens without obtaining search warrants are legal may well depend on the members of the Supreme Court.  Any bets on the outcome if it goes that far?

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By rex, January 25, 2006 at 5:02 pm #
(Unregistered commenter)

The best “Orwell moment” was on January 23 when
former NSA chief General Michael Hayden
actually told the National Press Club that
there is no “probable cause standard” written into the Fourth Amendment to the Constitution.
This and the January 19 statement by the Justice Department that the “fourth amendment warrant requirment does not apply to the NSA”
prove that Orwell’s “doublethink” has become the official policy of thye United States government.

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By Marty Didier, January 25, 2006 at 2:09 pm #
(Unregistered commenter)

Technology has it’s place to Protect Criminal Activity

As someone who adapts quickly to technology, my comment to your article will present a darker picture - sorry.  To begin with, Technology is always going to be around and it’s up to us to stay with it.  However, the dark side is that others who use technology as their weapon of choice for criminal activities will always be around.  Keeping pace with advances so you know when you’re being duped is only one part of the problem.  The other question is who are above the technology criminals as part of their planned scheme?

Take the Diebold Computer Voting issue and what that posed towards our last Presidential Election!  Then, there are a few latest issues involving “Abel Danger’ and what benefits surfaced to possibly save us, but fell on deaf ears or so they say?  However, those proficient at technology, who claimed earlier that Able Danger was some how wrong, is using their skills to snoop on us.  But for what reason?  Why not question why their “excuses for failure” is always incompetence?  To me, using that as an excuse gives them an opportunity to set situations up for more FRAUD!  As for setups, why not look at ignoring Able Danger as a need to setup for War, Not responding quickly to Katrina as another setup for someone else’s financial gain?  If you know a lot about what happened after Katrina, you might want to remember that armed solders were protecting wealthy homes while people were left dying in their flooded homes.  Mayor Nagin shortly after New Orleans was wiped out, announced an interest to take two city blocks and turn them into a Casino District.  Shortly after Nagin’s announcement, the Governor and many other Public Officials starting having fits.  Nagin became outraged and openly questioned the response but caved into pressure and let if go.  Gee, why is that I wonder?  I need to tell you that my ex-in-laws said many times that New Orleans and the coast going to Texas is overseen by the Corruption system.  So considering that they are correct, could it be that the real reason why Nagin’s interest in a Casino District was stopped for other reasons? 
There seemed to be a mountain of funny business with that happened to New Orleans.  We need to start asking questions!

The Internet offers all of us an immediate view of what is happening in the world today.  It’s quicker than newspapers and allows us an opportunity to reply.  But what’s happening behind the scenes is the important and sensitive articles to the criminal system are being blocked almost within hours of their release.  I found many and luckily the newspapers see it too and move them to a webpage soon afterwards.  Other criminal technical advances on the internet by design are meant to track those who are felt to be a threat.  So when you enter the Internet and announce who you are by entering your email address, chances are you’re soon to be stalked as you journey through your searches.  If you’ve seen popup windows advertising something, you need to know that generally these are used to notify someone when someone is looking at a particular article that they find offensive to them.  Following that, the criminal will enter you system through one of the many holes in Windows and try to watch you for a while.  Why is it that they need to know what you’re looking at?  The reason is they want to identify who are their threats and if you’re a bigger threat, that’s when you need to start worrying.  I’ll mention later in this post that this is the largest Criminal System in World History, my ex-in-laws have bragged about the interconnections within this system that run in Corporate America.  If you’re a threat to the Criminal System’s existence, expect problem with a whole collection of things (some are very strange) to effect you in your need to live a normal life and own a home.

Some say the Republicans are better at defending themselves against the Democrats.  But the truth is many of them (as seen in recent Indictments!) work together in something far bigger than what the Democrats have.  What’s starting to surface is the biggest Criminal System in the World.  Of course, this is difficult at this time to believe but later when more surfaces, you’ll be looking in that direction. 

As an example, wiretapping is the tip of the iceberg compared to other crimes that have been committed.  There is much more that most people don’t know.  Rather than look at our Political System with a trusting view, try looking at it from a crows nest view where you’re looking down at massive Criminal FRAUD system.  I know it to be well organized and linked from the bottom to the top of our Political system.  You’d be surprised with how I came to know this.

I was in a family for more than 26 years who joined Organized Crime. This isn’t any ordinary Organized Crime System my ex-wife’s family joined.  In our area, they call them “The Ou0tfit”, my ex-in-laws call them “The Guys”.  It’s been around for dozens of years and keeps growing larger all the time.  It would be wise to accept that being in a family for more than 26 years presented a good picture with what the family does for a living.  This is considered to be a Multi-Faceted Very Wide Scale Organized Crime System.  As one example of many; my experience in this family crosses with Gus Boulis’s story.  Only then, Gus was alive.  Another example; my ex-in-laws have bragged often that Mayor Daley owns property in a Corruption Laundromat!  Now stop and think about what this means!  Furthermore, The Tribune published an article that within hours was blocked on the Internet.  I personally know the focus of this article to be a major Corruption Laundromat from my ex-in-laws!  If you don’t understand what a Corruption Laundromat is, it’s where our tax money ends up, but we aren’t the owners!  There’s many more!  Just wait till the other crimes surface!

Believe me they are involved in many other higher levels of crime activities that are far worse than wiretapping.  If you think snooping is shocking—wait till the other crimes surface!  However, it’s important to accept that wiretapping is very important as it guarantees the ability to manage and secure the other criminal activities.  Without, it would become difficult to stay one step ahead. 

Marty Didier
Northbrook, IL

Webmaster - since we exchanged email, I thought you might like to view one of my many posts from today.  It should provide you with more information of what I know.

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By c u n d gulag, January 22, 2006 at 6:48 am #
(Unregistered commenter)

“Dannybill,
I totally agree!  However, the House, Senate and the media seem to be allergic to the “I” word.  Bill lied about a sexual liason (the first male to ever do so, it would appear), but Shrub’s lying about spying (and everything else) is just sooooooo “90’s.” “Find another missing blonde girl!!!!”

The entire government should be slowed to a crawl by Impeachment hearings, but everyone’s afraid to take that step.  Yet…

Maybe if the public in this “Republic” wake up and shake up the media and demand some answers, we may have some hope of dethroning the Idiot King.
Until then, enjoy the upcoming season of “Star Searcah,” the “Gong Show” of the ought’s.

One wonders why we spent trillions and fought the Cold War at all if we were going to turn into the USSA (The United Subject States of Amerika).

Maybe a right-wing freeper can answer my question?  I’ll wait.

I lived in NY City most of my life and every day knew that it could be my last.  Whether through a crime, a Russian or Chinese bomb, or a terrorist act - every New Yorker knows that today may be the last day.  The people who went into the towers that day had that in the back of their minds.  I don’t see NY City abandoned right now, do you?  So, New Yorkers aren’t “terror"ified.  Neither are people in DC.  So why are the right-wing cowards so willing to give up their rights in this fight against “Terror?” A “War” that will be going on from now until we help people in poorer countries achieve the standard of living that so many of us enjoy.  Let’s spend billions on that instead of destruction.  Hey, that would be a new Marshall Plan!  That would be the opposite of the “Martial” Plan that Shrub and the new-thugs have planned for us. 

The key words above are “in the back of their minds.” We will ALL die someday.  I’m not worrying about extinction avery nano-second.  I could die today - any one of us could die today.  Someone reading this post could pass away today.  Does that mean that I shouldn’t get in my car, get groceries or pick up the Sunday paper because I could die in an accident?

What ever happened to, “Give me Liberty or give me Death?” Is today’s mantra “Exchange my Liberty, because I’m afraid of Death?”

Maybe the right-wing freeper cowards can answer these questions, too?  I’m still waiting.

George Orwell, I’m sorry I ever doubted you. Combine the pigs in “Animal Farm” (Re"pig"licans) with “1984” and you have 2006.  You were only off by 20 or so years.

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By dannybill, January 21, 2006 at 12:55 pm #
(Unregistered commenter)

STOP Everything!! First Things First - NSA Scandal!

The NSA/FBI/Pentagon eavesdropping scandals are of a magnitude that - NOTHING ELSE IS AS IMPORTANT!

All who care for the future of the U.S.A must put this front and foremost - the implications of this scandal DEFINE EVERY OTHER ISSUE! The justifications Bush uses to break FISA law sets him up to be above All U.S and world law.

Every citizen (Congressperson AND constituent) must use every legal method, parliamentary procedure/tactic to stop traffic, manage the debate, sidestep the distractions, and stop all pretense at “business as usual”.

Close all congressional activity down to focus on the NSA and related SCANDALS! This constitutional crisis is foundational and dealing with it prerequisite to everything else. Nothing else should matter - for example proceeding with any aspect of the Alito confirmation is akin to judge shopping for the administration.

Endless debates about words people use, beached whales, and all the other pathetic MSM distraction burns up our time.

WE ALL HAVE TO TREAT THE NSA DEAL AS THE SHOW STOPPING, FIST POUNDING, TRAFFIC JAMMING SCANDAL THAT IT IS!!! Damn it anyway…

poll at http://www.dailykos.com/storyonly/2006/1/21/112440/485

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By Marty Didier, January 20, 2006 at 2:35 pm #
(Unregistered commenter)

Perhaps it would be important to look for other reasons why the administration might want to wiretap US citizens?  This is NO joke!  I was in a family for more than 26 years who joined Organized Crime, but this isn’t any ordinary Organized Crime System.  It’s a very wide criminal system with many different criminal activities that include Very Wide Scale Political Corruption, Wide Scale International Drug Distribution and Wide Scale Fraud.  Being deep in the belly of a corruption Laundromat, I had access to important information coming from the top part of our Federal Political System.  The communication channels are very well tuned, believe me.  Wiretapping is very important to this criminal system as it allows them to maintain security with their criminal activities.  Plus there’s much more than wiretapping that is going on as well.  If you feel wiretapping is shocking, wait till you learn what else has been going on!  There are other criminal levels above wiretapping that are far more serious and concerning than wiretapping.  There’s a great deal more behind this than what you think!

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By Marty Didier, January 19, 2006 at 5:35 pm #
(Unregistered commenter)

For those reading my comment, please accept that it comes from the experience of being in a family for more than 26 years who joined Organized Crime.  But the organized Crime my ex-wife’s family joined isn’t any ordinary Organized Crime System.  It’s much different and has direct links all the way to the top of our Political System.  Trying to make sense out of nonsense with how our Government can get away with spying on us is ridiculous but with what I know about this criminal system, my question to all of you is:

1.“What if spying on American Citizens was also to secure and closely manage a very wide system of criminal activities against us?”
2.“What may be our reaction when we learn that other higher and much more serious crimes exist above the current corruption?”

There’s something I know that hasn’t surfaced yet and when it does, perhaps these will be important questions?

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By rex, January 17, 2006 at 5:05 pm #
(Unregistered commenter)

Why does the National Security Agency still have a webpage and a 15 page Powerpoint Presentation on it’s official website that repeats in great detail the claim that the Fourth Amendment and the FISA Act “protect” United States Citizens by forbidding NSA from spying on them?

We know this is not true and you would think they would want to to stop making themsleves look ridiculous by saying it is in light of what they themselves have admitted to doing. Federal Agencies should not be allowed to put misleading information on official websites.

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By J.W. Miller, January 17, 2006 at 5:20 am #
(Unregistered commenter)

Live Free or Die!

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By bob bauer, January 12, 2006 at 1:29 am #
(Unregistered commenter)

if richard jewel an innocent security guard doing his job was suspected of the atlanta bombing were subjected to this unchecked abuse of power who knows if he would have been spirited away to another “secret” of pres bush camp and tortured until he cofessed he did it. What deeply troubles me is that we do not know what other secrets are being kept from us.

after all, bush signs into law the mccain no-torture bill and then puts in writing he doesn’t have to live by it. Exactly what laws does he think he “has to live by.” After all the dictator he removed from power said the same thing...wait, isn’t that why he was called a dictator?

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By Don, January 10, 2006 at 1:23 am #
(Unregistered commenter)

The knowledge of the next terrorist attack is obvious, but allowing the president to define what the “War on Terrorism” means and how long it will last and who it is against makes as much sense as the Papacy calling for the Crusades and the Inquisition. I can make the case that the KKK, neoNAZI’s, Timothy McVeigh, Ted Bundy, BTK, Ted Kaczynski, organized crime, drug cartels, catholic priests, Pat Robertson, abortion clinics, Hollywood, K Street, etc. are all terrorists and should be surveilled by the NSA under the “War on Terrorism” umbrella. I also know that the “War on Terrorism” will last much longer than the “Cold War”, the “Hundred Years War” or the Crusades because religious fanaticism is increasing throughout the world.

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By c u n d gulag, January 7, 2006 at 12:57 am #
(Unregistered commenter)

About the “mining,” how do we know it wasn’t journalists and regular citizens who were “monitored?”
How many Farsi,(and other languages and their dialects) translators do we have?
500 “foreign” calls a day, at one hour each, would take 11+ weeks to translate, at best, per person.
So, who are they listening to?
u n me
c u n d gulag

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By c u n d gulag, January 6, 2006 at 9:52 pm #
(Unregistered commenter)

If I had one question about the NSA spying to ask the new King George IV it would be this:  “Where are you finding the manpower to translate all of the intercepts?” In other words, prove to me that you’re NOT spying on domestic calls/e-mails.
That is reasonable, is it not?  There aren’t enough translator’s to handle Farsi and all of the other languages/dialect’s of the Middle-east.  How do I know?  The top General’s in the Iraq war are bemoaning the fact that they don’t have enough people to help in the field. 
This, in itself, proves to me that he is listening in to you, me and journalist’s
c u n d gulag

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By rex, January 6, 2006 at 3:42 pm #
(Unregistered commenter)

When is somebody going to quote the Keith decision of eight Supreme Court Justices, with Rehnquist offering no opposition or opinion, who declared it illegal and unconstitutional to wire tap United States Citizens inside the United States without a warrant back in 1972?

Nixon, through Attorney General John Mitchell, was claiming “war powers” and said he could use warrantless wiretaps to spy on suspected “domestic terrorists”. Both Nixon and Mitchell were told in no uncertain terms that they had no such warrantless wiretap authority even in wartime and even in matters of “internal security” so it would seem that the whole issued was settled thirty-three years ago.

Add to this the 1952 decision that prevented Harry Truman from seizing steel mills during the Korean War and there is no basis for any of these claims of “limitless Presidential war powers”. Why the opinions of White House lawyers are given and credence in light of these clear Supreme Court decisions on the subject is beyond me.

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By rex, January 6, 2006 at 3:18 pm #
(Unregistered commenter)

I have not seen any reaction by the public or the news media to the admission by General Michael Hayden at the White House press briefing on December 19
that the decision to wiretap United States Citizens is left entirely to “staff supervisors” at the National Security Administration. Essentially we have not only lost our rights but, in the true George Orwell tradition, can in fact be branded as “terrorism suspects” by nameless mid-level bureaucrats.

Bush says the people wire tapped are “known Al Qaeda associates” but that determination is made by “operatives” at NSA headquarters not by judges, lawyers or terrorism experts, so how can he be so sure. We are not allowed to know what, if any, qualifications these “operatives” have do be entrusted with deciding who gets labeled a terrorist and loses their fourth amendment rights. Apparently the Bush administration even farms out it’s “war powers” to unknown third parties as it similarly farmed out the Iraq war intelligence gathering to defectors and informants with an axe to grind.

I have heard as many as 500 calls a day are monitored so that would seem to indicate that al qaeda is much bigger now than it was before 9/11 despite Bush’s
“war on terror”.  Also how come all the NSA wiretapping in Europe before 9/11 never picked-up on the cell in Hamburg Germany that planned the attacks between 1998 and 2000? Those guys made lots of phone calls, were connected to “known al qaeda associates” and were even under surveillance by German intelligence.

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By c u n d gulag, January 6, 2006 at 3:30 am #
(Unregistered commenter)

The 18th Century - “Give me liberty, or give me death!”
Early 21st Century - “Give up my liberty, I’m afraid of death...”
Fear is what the President is using to make up give up our rights.
Richard Posner’s comment is truly frightening.  He implies that it is too restrictive to only “conduct surveillance on U.S. citizens and lawful permanent residents unless they are suspected of terrorist or other hostile activites.”
Our founding fathers said that you needed a warrant if you wanted to look into potentially unlawful activities.  Now, he argues, even unsuspected people can be monitored.
We lost 3,000 people in NY, Washington and Pennsylvania.  Have we become more frightened of a couple of terrorists than we were in WWII or the Cold War?  I’m not.  I lived in NY City for most of my life and I knew anyday could be the last during that time due to Russian missiles or terrorists with bombs.
Stop the fearmongering, Mr. President.  Oh, you can’t… Why?  Because then the whole country will see that the EMPEROR has no clothes!!!

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By Carol Rose, January 6, 2006 at 2:18 am #
(Unregistered commenter)

Why is it that the man who kept on saying he was within the “rule of law” seems to be always breaking the rules, and at least disrespecting, if not (by loop-hole) breaking the law?  I guess I’m an idealist, but I thought every citizen was held to the same laws. I know the recent sharp lean toward social subsidy of the minority of extremely wealthy citizens makes that idealism seem like ignorance, but I’m still hopeful that the real Americans, the good folks that this country runs on, will wake up and reclaim our heritage of American values - those values have been somewhat tarnished of late by endless scandals and exposees, but it’s not too late!!  True freedom and patriotism means we must examine and question our elected officials and their policies - not rubber-stamp a party’s agenda.  Can’t wait for a change......

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By Shag Wilburn, January 4, 2006 at 6:52 pm #
(Unregistered commenter)

Al Qaeda or not, I don’t want anyone having absolute authority to do want they want, when they want. This adiministration is scary, they want a totalitarian empire, we cannot have this!

Shag

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By Bryan, January 4, 2006 at 12:00 pm #
(Unregistered commenter)

Great job to Blair Golson for compiling this information.  I’ll send more people this way to learn more about such an important issue.

As an ex-ELINT gatherer, I appreciate the concern people are expressing over the Bush administration’s overreaching.  It is clear that the President has violated law again and the spirit of American Democracy.  I trust that those good people at the NSA will realize this and blow more whistles.

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