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America... Spying on Americans

 
 
parados
 
  1  
Reply Tue 20 Dec, 2005 08:06 pm
Mortkat wrote:
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.


No, they didn't Mortkat. The difference is Bush has allowed the wire tap of US citizens without court order. That is NOT the same as wire taps allowed of FOREIGN AGENTS that must be working for a foreign power.

Under Clinton, the wiretaps met the requirements of the foreign intelligence act.

Quote:
(a)
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; and
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 08:07 pm
Yes that I did do Tico, is your definition different that currently used by the Bush Admin? and a follow up question when you are finished answering this one.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 08:08 pm
dyslexia wrote:
Yes that I did do Tico, is your definition different that currently used by the Bush Admin? and a follow up question when you are finished answering this one.


As I said, my definition is a secret.
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 08:08 pm
gatos doesn't need documentation
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 08:09 pm
Ticomaya wrote:
dyslexia wrote:
Yes that I did do Tico, is your definition different that currently used by the Bush Admin? and a follow up question when you are finished answering this one.


As I said, my definition is a secret.

Then I take it you can't compare your definiton with the Bush Admin definition because it too is secret?
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 08:09 pm
Now that you know the difference, Dyslexia, you can rest assured that if the matter does go to court, it will be adjudicated. In the meantime, in the court of public opinion, it will be discussed before adjudication. The facts that Ticomaya pointed out makes it highly unlikely that Public Opinion will turn against the GOP for its ALLEGED illegal wiretapping.

I will watch the polls closely on this question since those polls will be the bottom line until the courts act( if they do act at all)
0 Replies
 
dyslexia
 
  1  
Reply Tue 20 Dec, 2005 08:12 pm
Now that I know the difference between what and what?
0 Replies
 
ralpheb
 
  1  
Reply Tue 20 Dec, 2005 08:13 pm
Hey, if Clinton couldn't define IS why should Bush define "wiretap"?
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 08:14 pm
dyslexia wrote:
Ticomaya wrote:
dyslexia wrote:
Yes that I did do Tico, is your definition different that currently used by the Bush Admin? and a follow up question when you are finished answering this one.


As I said, my definition is a secret.

Then I take it you can't compare your definiton with the Bush Admin definition because it too is secret?


I don't know about theirs, dys, but mine is. So, yeah, that would make the comparison difficult.
0 Replies
 
FreeDuck
 
  1  
Reply Tue 20 Dec, 2005 09:11 pm
Ticomaya wrote:

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.


Not exactly. Clinton's order was in line with FISA (to the point of actually referencing it in the order) and not indicative of a belief that the power to conduct warrantless searches on US citizens was "inherent" to the president.

Quote:
there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; and


I know it can get confusing because of all the distracting pointless bickering, but we're talking about warrantless searches, conducted by the NSA, on communications initiated by US citizens, without notifying the FISA court. That's the problem. There are few people defending this who aren't loyal to this administration.
0 Replies
 
Debra Law
 
  1  
Reply Tue 20 Dec, 2005 09:11 pm
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.

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



Ticomaya:

Your last post was an absolute waste of time. Not only are you making false accusations about my alleged inability to discern the obvious, you have clearly demonstrated the lack of the basic ability to see the obvious when it's highlighted in bold.

LOOK UP!

I provided you with a copy of woiyo's entire post where he specifically provides the text of the authorization that he was referring to.

The only resolution where that particular text appears as subsection (c) is the exact same resolution that I quoted.

Nowhere in the text of either resolution was the president granted authority to conduct a domestic spying program. Congress has no authority to grant the president power to subvert the Constitution and spy on the American people in violation of the Fourth Amendment. With respect to the gathering of foreign intelligence and intercepting electronic communications, the president must comply with the requirements of FISA. Since the president has acknowledged that he did not comply with FISA, he is a lawbreaker and a violator of civil rights. He has committed offenses making him liable to both impeachment and criminal prosecution.
0 Replies
 
FreeDuck
 
  1  
Reply Tue 20 Dec, 2005 09:12 pm
Sorry parados, didn't you see you there. Ignore the dupe.
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 09:19 pm
FreeDuck wrote:
Ticomaya wrote:

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.


Not exactly. Clinton's order was in line with FISA (to the point of actually referencing it in the order) and not indicative of a belief that the power to conduct warrantless searches on US citizens was "inherent" to the president.


Just to clear up any confusion -- hopefully it won't take more than this one post -- I was specifically referring to the position taken by Jamie Gorelick of the Clinton Administration in her testimony to the Senate Intelligence Committee on July 14, 1994.

LINK
0 Replies
 
Debra Law
 
  1  
Reply Tue 20 Dec, 2005 09:22 pm
Mortkat wrote:
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.




Mortbat:

Under our CONSTITUTIONAL system of checks and balances and separation of powers, the executive branch of government executes the statutes enacted by legislative branch. Providing us with a copy of an executive order that executes a specific provision of FISA with respect to foreign intelligence gathering on foreign powers means nothing. The president does not have constitutional authority to conduct a domestic spying program.
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 09:27 pm
It's all over-Ticomaya- Debra L A W has declared that President Bush should be impeached.

Perhaps Vice President Cheney should ready himself for office.

I would LOVE to see the Democrats demand impeachement of President Bush. If they began a drive I would contribute. I know that there would be such a strong backlash against the Democrats that there would be a great many lost Senate seats and House seats on the Democratic side.

Actually, only weirdos talk about impeachment for a president who can make a constitutional argument that he is correct.

Clinton had no constitutional basis to explain away the DNA in the stain on the little blue dress but President Bush has the Justice Department which can make a good case.

The only way that Bush can be impeached is if the Democrats acquire some massive legal intellect to help them--like Debra L A W!!!!
0 Replies
 
ralpheb
 
  1  
Reply Tue 20 Dec, 2005 09:29 pm
I must ask. Specifically, where does it say he cannot?
0 Replies
 
Mortkat
 
  1  
Reply Tue 20 Dec, 2005 09:39 pm
Cannot? Cannot what?
0 Replies
 
Ticomaya
 
  1  
Reply Tue 20 Dec, 2005 09:42 pm
Debra_Law wrote:
Ticomaya:

Your last post was an absolute waste of time. Not only are you making false accusations about my alleged inability to discern the obvious, you have clearly demonstrated the lack of the basic ability to see the obvious when it's highlighted in bold.

LOOK UP!

I provided you with a copy of woiyo's entire post where he specifically provides the text of the authorization that he was referring to.

The only resolution where that particular text appears as subsection (c) is the exact same resolution that I quoted.

Nowhere in the text of either resolution was the president granted authority to conduct a domestic spying program. Congress has no authority to grant the president power to subvert the Constitution and spy on the American people in violation of the Fourth Amendment. With respect to the gathering of foreign intelligence and intercepting electronic communications, the president must comply with the requirements of FISA. Since the president has acknowledged that he did not comply with FISA, he is a lawbreaker and a violator of civil rights. He has committed offenses making him liable to both impeachment and criminal prosecution.


Well, obviously the President has not insisted that the authorization for his use of force in response to 9/11 came from the joint resolution authorizing the use of force against Iraq. Thus, that cannot be the resolution woiyo was referring to. But I see now where woiyo refers to it as "the" authorization.

So in other words, I now understand the cause of your confusion.
0 Replies
 
FreeDuck
 
  1  
Reply Tue 20 Dec, 2005 09:59 pm
Ticomaya wrote:

Just to clear up any confusion -- hopefully it won't take more than this one post -- I was specifically referring to the position taken by Jamie Gorelick of the Clinton Administration in her testimony to the Senate Intelligence Committee on July 14, 1994.

LINK


Yes, I saw that. She was testifying about spying on foreign persons in embassies here in the US. Her comments are directly in line with FISA. I'm sure she didn't feel the need to specify "except when US persons are the target" because that case didn't have anything to do with US persons.

Nevertheless, I'm glad they held hearings on that order. And I think they should likewise hold hearings on this one.
0 Replies
 
DrewDad
 
  1  
Reply Tue 20 Dec, 2005 10:19 pm
ralpheb wrote:
Hey, if Clinton couldn't define IS why should Bush define "wiretap"?

Now there's a cogent thought...

Oops, I was wrong.
0 Replies
 
 

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