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America... Spying on Americans

 
 
FreeDuck
 
  1  
Reply Tue 20 Dec, 2005 06:34 pm
ralpheb wrote:
it does not mention the government at all


What doesn't?
0 Replies
 
Debra Law
 
  1  
Reply Tue 20 Dec, 2005 06:48 pm
woiyo wrote:
"Now in re-reading, he was probably talking about the president's insistence that the authorization to use force in response to 9/11 was authorization to spy."

Yes, that is what I was referring to.

Possibly here from the test of the authorization


"(c) WAR POWERS RESOLUTION REQUIREMENTS. --


(1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS. -- Nothing in this resolution supersedes any requirement of the War Powers Resolution. "


Or a broad power from the Patriot Act.


http://www.able2know.com/forums/viewtopic.php?p=1739539#1739539


Debra_Law wrote:
woiyo wrote:

"Now in re-reading, he was probably talking about the president's insistence that the authorization to use force in response to 9/11 was authorization to spy."

Yes, that is what I was referring to.


"Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq"

Quote:
[snip] . . .

c) WAR POWERS RESOLUTION REQUIREMENTS. --


(1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS. -- Nothing in this resolution supersedes any requirement of the War Powers Resolution.

[snip]


. . . If you believe either the Constitution or an authorization to use the United States Armed Forces (Military) Force against Iraq" includes implied authorization to violate the civil rights of Americans secured by the Constitution against governmental denials or deprivations, you are indeed one of Bush's useful idiots. . . .


http://www.able2know.com/forums/viewtopic.php?p=1739754#1739754


Ticomaya wrote:
Fine, Debra. Why are you quoting from that resolution, when woiyo was obviously talking about a different one?

Now analyze the Joint Resolution passed by Congress on Sept. 14, 2001, which authorized Bush to "use all necessary and appropriate force" against those responsible for 9/11 in order to prevent further attacks.


Ticomaya:

Prove to me that woiyo was "obviously talking about a different" resolution. Laughing

Rather than making unfounded accusations about my alleged inability to discern the obvious, why don't you provide me a with a link to the precise resolution that you want me to address to avoid future confusion on your part.

Debra
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:09 pm
Debra_Law wrote:
Prove to me that woiyo was "obviously talking about a different" resolution. Laughing


I agree that the October, 2002, Joint Resolution authorizing military force against Iraq mentions the September 11, 2001 a couple times in terms of Iraq ...

Quote:
Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;

Whereas Iraq continues to aid and harbor other international terrorist organizations, including organizations that threaten the lives and safety of American citizens;

Whereas the attacks on the United States of September 11, 2001 underscored the gravity of the threat posed by the acquisition of weapons of mass destruction by international terrorist organizations;


... but it is hardly the resolution that gave Bush a blanket authorization to use force in response to the 9/11 attacks. That resolution authorized the use of military force against Iraq. The resolution that did give him that authority ... the resolution being held up as the one giving him the authority for these warrantless wiretaps, was passed in September, 2001.

Would you point out the provisions in this 2002 Resolution that lead you to think that resolution gave Bush the authority to use force against those responsible for 9/11 attacks? Are you suggesting Saddam/Iraq was responsible for those attacks?

DebLaw wrote:
Rather than making unfounded accusations about my alleged inability to discern the obvious, why don't you provide me a with a link to the precise resolution that you want me to address to avoid future confusion on your part.

Debra


Hardly unfounded -- see above. Here's the lcorrect resolution and link (S.J.RES.23 for the 107th Congress).

Quote:
One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

Joint Resolution

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force'.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.


LINK
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 07:15 pm
Ticomaya:

How dare you!!! Don't you know who you are questioning? Debra L A W!

That's who.

But apparently Debra L A W does not know that in the FEDERAL REGISTER-60 fr 8169- DATED Fe. 13, 1995- there is an Executive Order # 12949 HEADED FOREIGN INTELLIGENCE PHYSICAL SEARCHES


IT READS:

"By the authority vested in me as President by THE CONSTITUTION and laws of the United States INCLUDING SECTIONS 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 ("act") (50 U>S>C> 1801, et seq., as amended by Public Law 103-354, and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forward in the Act, it is hereby ordered as follows:

Section l- Pursuant to section 302(a) (1) of the Act, the Attorney General is authorized to approve physical searches WITHOUT A COURT ORDER, TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION FOR PERIODS UP TO A YEAR, if the Attorney General makes the Certifications required by that section.....


signed by

William Jefferson Clinton

*********************

Maybe Debra L A W fell asleep in class when they were discussing that one.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:20 pm
Mortkat wrote:
Ticomaya:

How dare you!!! Don't you know who you are questioning? Debra L A W!


Yes, I do.

I fully expect to have some caselaw and several sections from the Constitution thrown at me any moment now.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:24 pm
Quote:
Clinton Claimed Authority to Order No-Warrant Searches
Does anyone remember that?
"The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General."

"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."


"The case law supports," huh?

Where's Gorelick at these days? It would be interesting to hear her take on this matter.
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 07:26 pm
No matter what she throws, your post shows that President Bush did have the authority to do what he did and my post shows that the patron saint of the Democratic Party did the same.

There will doubtlessly be some Mrs. Grundy type characters who will recoil in mock horror at Bush's "effrontery" but they will not force themselves to look at Clinton's Executive Order.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 07:26 pm
I think that once someone uses illegal means you are required to continue until someone makes you stop (like the voters).
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:30 pm
Gorelick: "Intelligence is often long range, its exact targets are more difficult to identify, and its focus is less precise," Gorelick said. "Information gathering for policy making and prevention, rather than prosecution, are its primary focus."


"Policy making"? Can you imagine if Bush had authorized warrantless wiretaps in order to gather information for "policy making"?
0 Replies
 
kuvasz
 
  1  
Reply Tue 20 Dec, 2005 07:32 pm
a bit late to the party aren't you smellykat? you must have been held up by that long line at K-Mart.

this was posted on sunday 12/18 at 10:20 pm.

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"

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

Ben Franklin
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 07:32 pm
what definiton of "wiretap" are you using Tico?
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 07:35 pm
You can continue until someone makes you stop( LIKE THE VOTERS)

said Dyslexia.

Well, I will bet the house that the large majority of the people polled WILL NOT OBJECT TO THE WIRETAPS DONE UNDER PRESIDENT BUSH'S ORDER.

So much for 'THE VOTERS"

Dyslexia thinks the voters are stupid. They are not. They will see that similar wiretaps were done in previous administrations including Bill Clinton's.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 07:38 pm
NO Mortgatos, I think what you just said was stupid. The statement "You can continue until someone makes you stop( LIKE THE VOTERS)" I made includes every president of my lifetime, To say that it's ok and legit because it's been done before is really stupid.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:44 pm
dyslexia wrote:
what definiton of "wiretap" are you using Tico?


It's a secret, dys.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 07:46 pm
Ticomaya wrote:
dyslexia wrote:
what definiton of "wiretap" are you using Tico?


It's a secret, dys.

Yes we know.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 07:47 pm
dyslexia wrote:
NO Mortgatos, I think what you just said was stupid. The statement "You can continue until someone makes you stop( LIKE THE VOTERS)" I made includes every president of my lifetime, To say that it's ok and legit because it's been done before is really stupid.


I would certainly not make the claim that it was ok because Clinton thought it was okay. Are you kidding me?

The point is that Clinton, and those in his Administration, were also of the opinion that the President had the inherent power to conduct warrantless searches for foreign intelligence purposes.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 07:51 pm
Well Tico as you posted I was responding to Gatos post. He certainly offers the idea that because Clinton did something that makes it legal.
"Dyslexia thinks the voters are stupid. They are not. They will see that similar wiretaps were done in previous administrations including Bill Clinton's."
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 07:53 pm
If it is "Illegal" or "Unconstitutional" the courts will decide. IN THE MEANTIME, IN THE COURT OF PUBLIC OPINION, IT IS ENOUGH TO SHOW THAT REAGAN, AND CLINTON HAD SIMILAR ORDERS.

I did not use the word "legal" in my post.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 08:01 pm
As Tico has informed us, the information needed to ascertain the legality is "secret" so how will the courts be able to determine the "constitutionality?"
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 08:04 pm
dyslexia wrote:
As Tico has informed us, the information needed to ascertain the legality is "secret" so how will the courts be able to determine the "constitutionality?"


You asked for the definition I was using. That's a secret.
0 Replies
 
 

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