9
   

America... Spying on Americans

 
 
woiyo
 
  1  
Reply Wed 21 Dec, 2005 09:19 am
FreeDuck wrote:
Ticomaya wrote:
I'll repeat MM's question ... Aldrich Ames?


Nothing in FISA prevents them from searching Aldrich Ames provided they have probable cause, which I'm sure they did.
0 Replies
 
woiyo
 
  1  
Reply Wed 21 Dec, 2005 09:20 am
One question to the "wackers".

Are you upset about WHAT GW did or HOW he did it.
0 Replies
 
DrewDad
 
  1  
Reply Wed 21 Dec, 2005 09:23 am
Thomas wrote:
Parados, Squinney, DrewDad, Kuvasz, Debra, FreeDuck, and anyone I may have forgotten --

Your patience is obviously much greater than mine. I have pretty much given up on this thread. So I just want you to know that I'm sitting here, reading along, occasionally tipping my hat to you.

Ha!

I readily admit that I'm here to ridicule those willing to toss away their rights in order to cower in their state-inspected hovels....
0 Replies
 
DrewDad
 
  1  
Reply Wed 21 Dec, 2005 09:24 am
woiyo wrote:
Are you upset about WHAT GW did or HOW he did it.

Both. He ordered a national intelligence service to violate the rights of the American people. What's not to be upset about?
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:27 am
kuvasz wrote:
Ticomaya wrote:
kuvasz wrote:
tico, you really should go back to the original sources instead of relying on the selective cherry picking of propagandists like York.

<snip>

gorelick was talking about warrantless searches conducted on foreign powers. As cited earlier, an even more clear distinction was made under FISA as to what "Foreign Power" was defined as, and still further which target definition was included as acceptable for warrantless electronic surveillance authorization.


Al Qaeda is a "foreign power." I would certainly argue it is a "group engaged in international terrorism or activities in preparation therefor." Do you disagree?


Your argument is with the Congress of the United States. They wrote the FISA law. and while the definition of a "foreign power" under 1801 included "a group engaged in international terrorism or activities in preparation therefore" they also specifically did not include such enties as subject to warrantless surveillance legally under the section 1802.

so just what are you trying to accomplish here with that question? the statutes already answered that question. just because you don't like the answer you ask it again?


What I'm trying to accomplish, kuvasz, is make some sense out of your prior post where you complained about my posting Byron York's article about Jamie Gorelick's July 14, 1994 testimony before Congress. In that post -- right after you pompously instructed me to go read the source -- you highlighted that Gorelick was referring to warrantless searches of "foreign powers" or their agents. You seemed to be drawing a distinction between what Gorelick was advocating, and what the Bush Administration is done. At least that's what I interpreted you last sentence to mean:

"York is stating that since Gorelick maintained that Clinton had the authority to conduct warrantless searches on foreign powers and their agents, then Bush had a right to conduct warrantless electronic surveillance on Americans on American soil suspected of terrorism, even thought FISA specifically stated otherwise."

If you were trying to make such a distinction, I would point out that the focus of the eavesdropping under the NSA secret program is on suspected al Qaeda targets -- which certainly do qualify as a "foreign power" (as defined) or an agent therefor. Thus, it seems clear that Jamie Gorelick, at least in 1994, was advocating that the President had the inherent authority to authorize warrantless searches on al Qaeda operatives for intelligence gathering purposes. Your argument is with Jamie Gorelick.

Now, if you weren't trying to distinguish the warrantless searches under Bush, with the circumstances under which Gorelick was arguing the President had authority to conduct warrantless searches, you probably need to explain the meaning of your above quote. What was your point in highlighting the fact that Gorelick was referring to "foreign powers" in her testimony?



kuv wrote:
Tico wrote:
kuvasz wrote:
<snip>

York is stating that since Gorelick maintained that Clinton had the authority to conduct warrantless searches on foreign powers and their agents, then Bush had a right to conduct warrantless electronic surveillance on Americans on American soil suspected of terrorism, even thought FISA specifically stated otherwise.


Did York state that? Really? I didn't see Bush's name mentioned in his article.


haha, cute. I note that you didn't disagree with that assessment did you?

york wrote that article without any context of current events. imagine that. all on his own he went back and reviewed "obscure" testimony for an article with no relationship to the daily news.

York's Article


You said York stated that because Gorelick made the argument she did in 1994, that Bush had a right to conduct warrantless searches of Americans on American soil. That was untrue. The readers of the piece are free to draw their own conclusions from the article -- even incorrect conclusions such as the one you drew.
0 Replies
 
Thomas
 
  1  
Reply Wed 21 Dec, 2005 09:28 am
woiyo wrote:
Are you upset about WHAT GW did or HOW he did it.

Without accepting your label of a "whacker", my answer is that I don't understand your distinction. My problem is that George Bush broke the constitution he had sworn to uphold, which is a "what". He broke the constitution by telling the NSA to wiretap American citizens without a warrant, which is a how. On a somewhat milder level, I have a problem with Bush lying to the American people in 2004, when he told them that wiretaps on them continue to require a warrant. That's a how again.

May I ask why you are making this distinction, and why it matters to you?
0 Replies
 
FreeDuck
 
  1  
Reply Wed 21 Dec, 2005 09:28 am
woiyo wrote:
One question to the "wackers".

Are you upset about WHAT GW did or HOW he did it.


Assuming the role of bushwacker for a moment (though I don't believe that that's actually what I'm doing) I am upset with what he did in this sense. To me the "what" is the fact that he circumvented the existing law which was enacted, in my opinion, in order to provide a check to presidential power.

I have a gutteral reaction to spying on Americans in general, but if it's necessary, and if the government follows the procedures laid out to ensure that rights are protected, then I have no argument.
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:30 am
FreeDuck wrote:
Ticomaya wrote:
I'll repeat MM's question ... Aldrich Ames?


Nothing in FISA prevents them from searching Aldrich Ames provided they have probable cause, which I'm sure they did.


They did it without a warrant, FreeDuck. Why doesn't that make you aghast?

Why does the warrantless search of Aldrich Ames not concern you?
0 Replies
 
FreeDuck
 
  1  
Reply Wed 21 Dec, 2005 09:32 am
woiyo wrote:


I think someone who knows the law better than I do can determine whether that's a good argument or not. I don't agree that Congress believed they were repealing or amending FISA when they authorized the president to use force against terrorists. I don't believe the founders intended to give the Executive the power to violate the 4th amendment when it gave him control of the armed forces (once called up by Congress). I don't know what the Hamdi case has to do with it.
0 Replies
 
FreeDuck
 
  1  
Reply Wed 21 Dec, 2005 09:33 am
Ticomaya wrote:
FreeDuck wrote:
Ticomaya wrote:
I'll repeat MM's question ... Aldrich Ames?


Nothing in FISA prevents them from searching Aldrich Ames provided they have probable cause, which I'm sure they did.


They did it without a warrant, FreeDuck. Why doesn't that make you aghast?

Why does the warrantless search of Aldrich Ames not concern you?


A link?
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:36 am
FreeDuck wrote:
woiyo wrote:
One question to the "wackers".

Are you upset about WHAT GW did or HOW he did it.


Assuming the role of bushwacker for a moment (though I don't believe that that's actually what I'm doing) I am upset with what he did in this sense. To me the "what" is the fact that he circumvented the existing law which was enacted, in my opinion, in order to provide a check to presidential power.

I have a gutteral reaction to spying on Americans in general, but if it's necessary, and if the government follows the procedures laid out to ensure that rights are protected, then I have no argument.


I respect your position, FD. It seems as if you have a problem with the "how."
0 Replies
 
Walter Hinteler
 
  1  
Reply Wed 21 Dec, 2005 09:37 am
Quote:
On February 21, 1994, agents from the Federal Bureau of Investigation (FBI) arrested a 52-year old employee of the Central Intelligence Agency (CIA), Aldrich Hazen Ames, outside his Arlington, Virginia residence, on charges of conspiracy to commit espionage on behalf of Russia and the former Soviet Union. According to the affidavit supporting the arrest warrant, these activities had begun in April 1985, and continued to the time of the arrest. Ames's wife, Maria del Rosario Casas Ames, was arrested inside the residence on the same charges shortly after her husband was taken into custody.
source: Congressional Documents -Senate Select Committee on Intelligence via fas.org
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:37 am
FreeDuck wrote:
Ticomaya wrote:
FreeDuck wrote:
Ticomaya wrote:
I'll repeat MM's question ... Aldrich Ames?


Nothing in FISA prevents them from searching Aldrich Ames provided they have probable cause, which I'm sure they did.


They did it without a warrant, FreeDuck. Why doesn't that make you aghast?

Why does the warrantless search of Aldrich Ames not concern you?


A link?


Just type "warrantless search of Aldrich Ames" into Google and you'll get a bunch. Or I could select one, if you'd prefer.
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:39 am
BTW, FD. I'm confident you'll be aghast at the Ames search.
0 Replies
 
DrewDad
 
  1  
Reply Wed 21 Dec, 2005 09:39 am
Your search - "warrantless search of Aldrich Ames" - did not match any documents.
0 Replies
 
woiyo
 
  1  
Reply Wed 21 Dec, 2005 09:43 am
FreeDuck wrote:
woiyo wrote:
One question to the "wackers".

Are you upset about WHAT GW did or HOW he did it.


Assuming the role of bushwacker for a moment (though I don't believe that that's actually what I'm doing) I am upset with what he did in this sense. To me the "what" is the fact that he circumvented the existing law which was enacted, in my opinion, in order to provide a check to presidential power.

I have a gutteral reaction to spying on Americans in general, but if it's necessary, and if the government follows the procedures laid out to ensure that rights are protected, then I have no argument.


I am taking the position GW felt he was within the law, since he boldly told certain leaders of Congress what he was doing.

But I understand and can appreciate the argument of HOW he did it.
0 Replies
 
FreeDuck
 
  1  
Reply Wed 21 Dec, 2005 09:44 am
Ticomaya wrote:
BTW, FD. I'm confident you'll be aghast at the Ames search.


Perhaps I will be. More later.
0 Replies
 
Ticomaya
 
  1  
Reply Wed 21 Dec, 2005 09:44 am
DrewDad wrote:
Your search - "warrantless search of Aldrich Ames" - did not match any documents.


Maybe you have an old version of Google. My search returned 167 hits.
0 Replies
 
woiyo
 
  1  
Reply Wed 21 Dec, 2005 09:46 am
Thomas wrote:
woiyo wrote:
Are you upset about WHAT GW did or HOW he did it.

Without accepting your label of a "whacker", my answer is that I don't understand your distinction. My problem is that George Bush broke the constitution he had sworn to uphold, which is a "what". He broke the constitution by telling the NSA to wiretap American citizens without a warrant, which is a how. On a somewhat milder level, I have a problem with Bush lying to the American people in 2004, when he told them that wiretaps on them continue to require a warrant. That's a how again.

May I ask why you are making this distinction, and why it matters to you?


The distinction is quite clear.

WHAT he did was try to intercept communciation for the purpose of foreign intelligence gathering which is clearly a power under FISA.

HOW he did it was without a warrent.

So apparently, you do not want ANY President to have the ability to intercept communication for the purpose if foreign intelligence gathering.

Am I correct?
0 Replies
 
DrewDad
 
  1  
Reply Wed 21 Dec, 2005 09:48 am
woiyo wrote:
since he boldly told certain leaders

WTF? Since when does it take boldness to talk to, what, four people?
0 Replies
 
 

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