9
   

America... Spying on Americans

 
 
Cycloptichorn
 
  1  
Reply Sun 18 Dec, 2005 07:49 pm
Quote:
It appears that you don't really believe that there are serious people in the world who would love to kill you, and your children, simply because you don't conform to their religious ideals.


There have always been people like this. Holy wars have been a part of nearly every culture of humanity at some point in history.

So what's the big deal? You may recall that terrorism was a huge social issue around the turn of the century; last century, circa 1900. We survived then without curtailing civil liberties, and we'll survive now.

The best way to defeat these people is not through open warfare, but through a steadfast belief that the system of freedom in America is worth dying for.

Quote:
I suspect that our next President will also reflect the values of so-called-middle America.


Don't bet on it. Even 'middle Americans' get with the program given enough time.

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 08:12 pm
Cycloptichorn wrote:
The best way to defeat these people is not through open warfare, but through a steadfast belief that the system of freedom in America is worth dying for.


That's a charming and idealistic view, but holding that belief alone is not going to stop the next terrorist attack, or do anything to curtail terrorism. Thankfully -- for the sake of our national security -- our CIC does not share your worldview.

As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."
0 Replies
 
FreeDuck
 
  1  
Reply Sun 18 Dec, 2005 08:25 pm
So is this the end justifies the means argument? Is there anything this government could do that would be going too far to you? Cancelling elections? Emergency legislation to extend the president's term? Suspending habeas corpus indefinitely? The prevailing argument seems to be that giving up our rights is necessary to keep us from getting blown up by terrorists. If that's true, then it would be true no matter which or how many rights we give up, right?
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 08:35 pm
FreeDuck wrote:
So is this the end justifies the means argument? Is there anything this government could do that would be going too far to you? Cancelling elections? Emergency legislation to extend the president's term? Suspending habeas corpus indefinitely? The prevailing argument seems to be that giving up our rights is necessary to keep us from getting blown up by terrorists. If that's true, then it would be true no matter which or how many rights we give up, right?


Of course there's a limit to what is acceptable. I take issue with your characterization that this must be an all or nothing proposition. Utilize a balancing test ... when the infringement (whether slight or otherwise) upon your rights outweighs the value of the particular activity in question, it's not acceptable.
0 Replies
 
FreeDuck
 
  1  
Reply Sun 18 Dec, 2005 08:40 pm
If your argument is that this infringement is ok because we are fighting terrorism, what action would that argument not work for? What is your personal limit? What right could you lose that, in your mind, would be worse than death by terrorism? I'm asking because I really want to know.
0 Replies
 
parados
 
  1  
Reply Sun 18 Dec, 2005 08:42 pm
Ticomaya wrote:


As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."

Which wiseman said that? Wouldn't happen to be one of the many wise men that have pointed out our invasion of Iraq has created terrrorists
0 Replies
 
Stevepax
 
  1  
Reply Sun 18 Dec, 2005 08:43 pm
Cycloptichorn wrote:
Quote:
It appears that you don't really believe that there are serious people in the world who would love to kill you, and your children, simply because you don't conform to their religious ideals.


There have always been people like this. Holy wars have been a part of nearly every culture of humanity at some point in history.

So what's the big deal? You may recall that terrorism was a huge social issue around the turn of the century; last century, circa 1900. We survived then without curtailing civil liberties, and we'll survive now.

The best way to defeat these people is not through open warfare, but through a steadfast belief that the system of freedom in America is worth dying for.

Quote:
I suspect that our next President will also reflect the values of so-called-middle America.


Don't bet on it. Even 'middle Americans' get with the program given enough time.

Cycloptichorn



These people want to kill us because between the UK and the US, they have been buggered senseless since 1916.
0 Replies
 
kuvasz
 
  1  
Reply Sun 18 Dec, 2005 09:20 pm
Well actually, Asherman, unlike you, I started out with fairly high regard for George W Bush. I had voted for his father in 1988 and thought he might possess both George (the Greater)'s insight into foreign affairs and moderate social policies. It took less than three months into George (the Lesser)'s administration to see that he was a gross ideologue who put the safety of the nation behind his ideology of soaking the poor. That die was cast when he attempted to completely defund the Nunn-Lugar Act that paid for dismantling ex-Soviet nukes and funds to pay for ex-Soviet scientists not to ply their trade on the black market. He did that to offset his proposed tax cuts for the rich.

Imagine that? He wanted to stop funding a program (a very successful program, at that) the US was using to stop the spread of nuclear fissionable material to black-markets in Central Asia, so he could offset tax cuts.

And If you don't mind, I would like to correct your statement that:

Asherman wrote:
All Presidents are sworn to protect the security of the United States and to defend the Constitution.


The oath of the President is as follows:

Article II, Section I of the U.S. Constitution:

Quote:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."


His sworn duty is to protect the Constitution. If he knowingly and with malice aforethought circumvents it he is subject to the laws under that constitution.

Asherman wrote:
Until there is clear and unequivocal evidence that a President has violated his oath, he is entitled to our loyalty and trust ... apparently even if he violates the Criminal Codes by lying under oath in a Federal Court.


No, that is not a true statement. Perhaps it is in a monolithic communist or fascist state where the leader is associated as the epitome and avatar of the State, but for those citizens who live in a federal-democratic-republic such hero worship is tantamount to pagan idolatry and a weak-minded form of a cult of personality.

If you wish to raise the Office of the President to the equivalent of the State as the German people did with Chancellor Adolf Hitler, you have that right. But don't expect thinking men to follow that lemming-like bull$hit simply because it serves your political agenda to protect the man currently holding that office.

And I doubt very much you would be as insouciant if a Democratic President did such as Bush has done.

As I recall, when I was inducted into the US Army, I swore an oath to defend the US Constitution against all enemies, both foreign and domestic, not simply obey the President.

If the Defend-Bush-No-Matter-What crowd needs to defend Bush, that's fine, but at least they ought to be intellectually honest about what they are defending.

What Bush did was bypass current statues that had not encumbered him in ANY way before he broke those laws allegedly to defend and protect this nation. Not a single one of his administration's thousand-fold FISA requests was finally rejected before he set about to undermine the Constitution by bypassing the FISA court.

The FISA statutes are so flexible and deferential to the Executive Branch's duties that they even allow such wiretapping to occur BEFORE going to the FISA court, if such action is reviewed within 72 hours after the wiretapping. So, there was no need to claim an emergency, because they could wiretap without prior court approval if it was crucial to national defense.

Bush just decided not even to allow court review of the wiretaps after they occurred.

That completely undermines the very essence of the Constitution's architecture of checks and balances.

And for the life of me, I cannot understand why that is not a problem for you.

The law he broke is linked.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001801----000-.html

Quote:
Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of courtsection 1801 a (1), (2), or (3) of this title[/u]; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 a (1), (2), or (3) of this title


The statute specifically does not include "a group engaged in international terrorism or activities in preparation therefore"

If it is your position that George Bush is above the Law because his actions will make it easier for you to Christmas shop unmolested by religious fanatics, then you are entitled to that opinion. But we are not going to agree on this.

You appear to be willing to give up the blood stained freedoms ten generations of Americans died defending simply for your physical comfort.

It is strange indeed that I was willing to fight and die to defend your rights but you have no such inclination to support my rights, or even your own in this matter.

And as Ben Franklin said:

Quote:
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 09:23 pm
FreeDuck wrote:
If your argument is that this infringement is ok because we are fighting terrorism, what action would that argument not work for? What is your personal limit? What right could you lose that, in your mind, would be worse than death by terrorism? I'm asking because I really want to know.


You are asking a hypothetical I'm not prepared to give an answer to. In this specific case, I'm confident there were sufficient safeguards on this secret eavesdropping program to limit its application to cases where there was probable cause to monitor the conversations. I do not find this slight infringement -- which in practice, as has already been discussed, is generally little more than the circumventing of the rubber stamp treatment by the reviewing magistrate -- to be that invasive, when the Congressional leaders were made aware of the program, and the FISA court was notified of the monitoring after the fact. I support the use of this program as an important tool in the fight against terrorism, when its application is justified due to the emergency nature of the need to monitor a particular electronic transmission.
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 09:23 pm
parados wrote:
Ticomaya wrote:


As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."

Which wiseman said that? Wouldn't happen to be one of the many wise men that have pointed out our invasion of Iraq has created terrrorists


George W. Bush uttered those words at around 8:09 p.m. CST, this evening.
0 Replies
 
FreeDuck
 
  1  
Reply Sun 18 Dec, 2005 09:26 pm
Excellent post, kuvasz.
0 Replies
 
roverroad
 
  1  
Reply Sun 18 Dec, 2005 09:34 pm
Ticomaya wrote:


As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."


Those aren't the words of a wise man, they are the words of an arrogant man. Those words will never be repeated by historians...
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 09:36 pm
roverroad wrote:
Ticomaya wrote:
As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."


Those aren't the words of a wise man, they are the words of an arrogant man. Those words will never be repeated by historians...


They are indeed wise words .... words to remember.
0 Replies
 
roverroad
 
  1  
Reply Sun 18 Dec, 2005 09:38 pm
Ticomaya wrote:
They are indeed wise words .... words to remember.


OK Then...
0 Replies
 
kuvasz
 
  1  
Reply Sun 18 Dec, 2005 09:50 pm
Ticomaya wrote:
As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."


Come again? Um, yeah. Like GOP idol Reagan did with ordering the Marine bug-out in Beruit in '83.

Prune juice, a warrior's drink!
0 Replies
 
Ticomaya
 
  1  
Reply Sun 18 Dec, 2005 10:08 pm
kuvasz wrote:
Ticomaya wrote:
As a wise man recently said: "We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them."


Come again? Um, yeah. Like GOP idol Reagan did with ordering the Marine bug-out in Beruit in '83.

Prune juice, a warrior's drink!


Ok, then ...
0 Replies
 
roverroad
 
  1  
Reply Sun 18 Dec, 2005 10:20 pm
Ticomaya wrote:
Ok, then ...


Plagiarist!
0 Replies
 
pachelbel
 
  1  
Reply Sun 18 Dec, 2005 10:41 pm
kuvasz wrote:
Well actually, Asherman, unlike you, I started out with fairly high regard for George W Bush. I had voted for his father in 1988 and thought he might possess both George (the Greater)'s insight into foreign affairs and moderate social policies. It took less than three months into George (the Lesser)'s administration to see that he was a gross ideologue who put the safety of the nation behind his ideology of soaking the poor. That die was cast when he attempted to completely defund the Nunn-Lugar Act that paid for dismantling ex-Soviet nukes and funds to pay for ex-Soviet scientists not to ply their trade on the black market. He did that to offset his proposed tax cuts for the rich.

Imagine that? He wanted to stop funding a program (a very successful program, at that) the US was using to stop the spread of nuclear fissionable material to black-markets in Central Asia, so he could offset tax cuts.

And If you don't mind, I would like to correct your statement that:

Asherman wrote:
All Presidents are sworn to protect the security of the United States and to defend the Constitution.


The oath of the President is as follows:

Article II, Section I of the U.S. Constitution:

Quote:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."


His sworn duty is to protect the Constitution. If he knowingly and with malice aforethought circumvents it he is subject to the laws under that constitution.

Asherman wrote:
Until there is clear and unequivocal evidence that a President has violated his oath, he is entitled to our loyalty and trust ... apparently even if he violates the Criminal Codes by lying under oath in a Federal Court.


No, that is not a true statement. Perhaps it is in a monolithic communist or fascist state where the leader is associated as the epitome and avatar of the State, but for those citizens who live in a federal-democratic-republic such hero worship is tantamount to pagan idolatry and a weak-minded form of a cult of personality.

If you wish to raise the Office of the President to the equivalent of the State as the German people did with Chancellor Adolf Hitler, you have that right. But don't expect thinking men to follow that lemming-like bull$hit simply because it serves your political agenda to protect the man currently holding that office.

And I doubt very much you would be as insouciant if a Democratic President did such as Bush has done.

As I recall, when I was inducted into the US Army, I swore an oath to defend the US Constitution against all enemies, both foreign and domestic, not simply obey the President.

If the Defend-Bush-No-Matter-What crowd needs to defend Bush, that's fine, but at least they ought to be intellectually honest about what they are defending.

What Bush did was bypass current statues that had not encumbered him in ANY way before he broke those laws allegedly to defend and protect this nation. Not a single one of his administration's thousand-fold FISA requests was finally rejected before he set about to undermine the Constitution by bypassing the FISA court.

The FISA statutes are so flexible and deferential to the Executive Branch's duties that they even allow such wiretapping to occur BEFORE going to the FISA court, if such action is reviewed within 72 hours after the wiretapping. So, there was no need to claim an emergency, because they could wiretap without prior court approval if it was crucial to national defense.

Bush just decided not even to allow court review of the wiretaps after they occurred.

That completely undermines the very essence of the Constitution's architecture of checks and balances.

And for the life of me, I cannot understand why that is not a problem for you.

The law he broke is linked.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001801----000-.html

Quote:
Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of courtsection 1801 a (1), (2), or (3) of this title[/u]; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 a (1), (2), or (3) of this title


The statute specifically does not include "a group engaged in international terrorism or activities in preparation therefore"

If it is your position that George Bush is above the Law because his actions will make it easier for you to Christmas shop unmolested by religious fanatics, then you are entitled to that opinion. But we are not going to agree on this.

You appear to be willing to give up the blood stained freedoms ten generations of Americans died defending simply for your physical comfort.

It is strange indeed that I was willing to fight and die to defend your rights but you have no such inclination to support my rights, or even your own in this matter.

And as Ben Franklin said:

Quote:
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."


EXCELLENT! :wink:
0 Replies
 
Debra Law
 
  1  
Reply Sun 18 Dec, 2005 10:51 pm
The President is not above the law:


TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1809

§ 1809. Criminal sanctions

(a) Prohibited activities A person is guilty of an offense if he intentionally—

(1) engages in electronic surveillance under color of law except as authorized by statute; or

(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.

(b) Defense

It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Penalties

An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001809----000-.html
0 Replies
 
Stevepax
 
  1  
Reply Mon 19 Dec, 2005 12:06 am
Kuvie, Just where the hell have you been all this time. Excellent post! The problem is that you're using facts, truth, and common sense. I'm afraid it won't go too far with our beloved rightwing element here!

Prune juice all around for the rightwingers! I'm buying!
0 Replies
 
 

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