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America... Spying on Americans

 
 
cicerone imposter
 
  1  
Reply Sat 31 Dec, 2005 12:17 am
The issue is whether you are willing to sacrifice your Constitutional rights to the president; it's not about partisan hysteria. That's the reason why some republican congressmen are willing to investigate this issue next month.
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cicerone imposter
 
  1  
Reply Sat 31 Dec, 2005 12:21 am
BTW, the issue of who leaked the president's instruction to perform wiretaps without court approval is a smoke screen. All one needs to do is look on the web in any search engine for "FISA" to learn about wiretaps. FISA has been on the web much longer than one year ago - the supposed timeline when NYT learned about the wiretaps.
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cicerone imposter
 
  1  
Reply Sat 31 Dec, 2005 12:24 am
Here's a link to FISA. http://www.epic.org/privacy/terrorism/fisa/
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Finn dAbuzz
 
  1  
Reply Sat 31 Dec, 2005 01:23 am
cicerone imposter wrote:
It is not "partisan hysteria." Fear is not a justification to break the laws of this land. Nor is fear a justification to preemptively attack another sovereign nation. Fear really doesn't excuse taking away our Constitutional rights.


It is partisan hysteria to refuse to acknowledge that there is at least a possibility that Bush acted in good faith.

Given that possibility, impeachment is not the clear next step.

What you call "fear," others will call regard for the safety of the American people. Are you so sure that you are so absolutely correct?

Bark away at any commentary that you smell as pro-Bush, but you might consider reflecting upon the issues as a human rather than as a leftist doberman.
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revel
 
  1  
Reply Sat 31 Dec, 2005 07:46 am
Quote:
Bark away at any commentary that you smell as pro-Bush, but you might consider reflecting upon the issues as a human rather than as a leftist doberman.



What's that saying everyone says around here, "pot meet kettle."

The investigation into this is a smokescreen and the American people should not have to rely on faith that the president will not abuse his powers, that is why we have checks and balances, ideally.
0 Replies
 
parados
 
  1  
Reply Sat 31 Dec, 2005 09:51 am
Breaking the law in "good faith" doesn't negate the fact that the law was broken.

There are all kinds of hypotheticals that could be brought forward to defend or attack Bush over this. Lets stick to the facts. FISA pretty clearly requires a court warrant for listening in on phone calls of US persons. There is no "good faith" exception. There is only a reasonable expectation that it is NOT the communication of a US person.
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Cycloptichorn
 
  1  
Reply Sat 31 Dec, 2005 10:16 am
Quote:
It is partisan hysteria to refuse to acknowledge that there is at least a possibility that Bush acted in good faith.

Given that possibility, impeachment is not the clear next step.


His intentions are immaterial. He broke the law, and not in an emergency, but repeatedly and often for years; and lied about doing it publicly.

I believe there is ample evidence that there were people spied on who shouldn't have been; reports in several different papers have alluded to this. The next step is to find out if this is true, and if it is, then Bush is in big-big trouble.

Cycloptichorn
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Finn dAbuzz
 
  1  
Reply Sat 31 Dec, 2005 10:26 am
revel wrote:


The investigation into this is a smokescreen and the American people should not have to rely on faith that the president will not abuse his powers, that is why we have checks and balances, ideally.


A smokescreen for what?

At some point it will always boil down to trust in the good faith of the government official.

Check and balances are vitally important and I am hardly arguing that they be eliminated, but there are all sorts of limits to what can be checked.
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BumbleBeeBoogie
 
  1  
Reply Sat 31 Dec, 2005 10:26 am


Duke University law professor Scott Silliman agreed that the Justice Department is taking the wrong approach.

"Somebody in the government has enough concern about this program that they are talking to reporters," Silliman said. "I don't think that is something the Justice Department should try to prosecute."

Douglas Kmiec, a Pepperdine University law professor, said the Justice probe is the next logical step because the NSA is alleging a violation of a law that prohibits disclosure of classified information.

"The Department of Justice has the general obligation to investigate suspected violations of the law," Kmiec said. "It would be extraordinary for the department not to take up this matter."

The NSA probe likely will result in a repeat of last summer's events in Washington, where reporters were subpoenaed to testify about who in the administration told them about Plame's work at the CIA. New York Times reporter Judith Miller spent 85 days in jail for refusing to reveal her sources.

Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, said the Plame investigation was about "political gamesmanship." But, she said, the NSA leak probe is frightening.

"In this case, there is no question that the public needed to know what the New York Times reported," she said. "It's much more of a classic whistleblower situation. The public needs to know when the government is engaged in things that may well be unconstitutional."

The surveillance program bypassed a nearly 30-year-old secret court established to oversee highly sensitive investigations involving espionage and terrorism.

Administration officials insisted that Bush has the power to conduct warrantless surveillance under the Constitution's war powers provision. They argued that Congress also gave Bush the power when it authorized the use of military force against terrorists in a resolution adopted within days of the Sept. 11 attacks.
0 Replies
 
Thomas
 
  1  
Reply Sat 31 Dec, 2005 10:36 am
Finn d'Abuzz wrote:
It is partisan hysteria to refuse to acknowledge that there is at least a possibility that Bush acted in good faith.

Red herring. Acting in good faith does not put anyone above the law, including the president.
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McGentrix
 
  1  
Reply Sat 31 Dec, 2005 10:40 am
It has yet to be discovered if the president put himself above the law. There is some speculation he has, there is speculation he hasn't.
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Bi-Polar Bear
 
  1  
Reply Sat 31 Dec, 2005 10:43 am
McGentrix wrote:
It has yet to be discovered if the president put himself above the law. There is some speculation he has, there is speculation he hasn't.


Thank you Captain Obvious.
0 Replies
 
Thomas
 
  1  
Reply Sat 31 Dec, 2005 10:59 am
McGentrix wrote:
It has yet to be discovered if the president put himself above the law. There is some speculation he has, there is speculation he hasn't.

"It has yet to be discovered", and he insists it would be illegal to reveal that discovery to the public if somebody made it. Convenient, isn't it?
0 Replies
 
Finn dAbuzz
 
  1  
Reply Sat 31 Dec, 2005 11:20 am
Thomas wrote:
Finn d'Abuzz wrote:
It is partisan hysteria to refuse to acknowledge that there is at least a possibility that Bush acted in good faith.

Red herring. Acting in good faith does not put anyone above the law, including the president.


Not at all

If you will reread what I wrote you will not find that I have argued that merely by acting in good faith one becomes immune from the restraints or requirements of a law.

What I am arguing is that it is possible to break a law in good faith, and even if one is convinced that Bush broke the law, it doesn't necessarily follow that he did so to establish a tyranny.

The notion that he did is not based on facts, it is based on personal and partisan animosity for him. If a person like Naftali, who makes his living by knowing what is happening in the world of national security, and who has available to him all of the periodicals, newspapers and websites available to the posters on A2K, doesn't know how the NSA program is operating, it is ridiculous to think any one on A2K spouting off about impeachment and tyranny does. All of these statements about him repeatedly breaking the law and lying to us which are made with such absolute certainty and authority are at best opinion and at worst partisan blather.

Despite the absolute confidence of so many A2K legal experts that Bush broke any law, that has yet to be established and if and when it is, it will not be in this forum.

It is certainly reasonable to be concerned about the possibility of the President exceeding his executive authority. It is certainly reasonable to be concerned about surveillance that is conducted without court warrants. It is certainly reasonable to want more information so as to be able to determine if the President has overstepped the limits of his authority and circumvented the law.

It is not reasonable to assume the absolute worse reading of the situation and it is not reasonable at this point to be calling for blood.

It is clear that while there are reasonable people who are concerned about this issue and not inclined to give Bush the benefit of the doubt, it is also clear that partisans have seized the issue in an attempt to politically harm the President.

The same sort of thing happened with Clinton and it wasn't any more uplifting or decorous. It is particularly more loathsome, to me, because we are at war.
0 Replies
 
FreeDuck
 
  1  
Reply Sat 31 Dec, 2005 11:26 am
Partisans are also quick to dismiss valid concerns as "partisan" and an "attack on the president", which is equally or maybe even more dangerous.

The fact that existing law was not followed is not in dispute -- he has admitted it. The only question is whether the president has Constitutional authority to disregard the law.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Sat 31 Dec, 2005 11:34 am
Thomas wrote:
McGentrix wrote:
It has yet to be discovered if the president put himself above the law. There is some speculation he has, there is speculation he hasn't.

"It has yet to be discovered", and he insists it would be illegal to reveal that discovery to the public if somebody made it. Convenient, isn't it?


Not quite.

He insists it is illegal to leak classified information on a government program intended to advance national security interests.

Perhaps whoever leaked the information to the NY Times did violate a federal statute, but maybe he did so in a good faith, believing that the President was putting himself above the law and the American people needed to know.

But wait, that's a Red Herring because as we all know "Acting in good faith does not put anyone above the law, including the president (and whistleblowers)."
0 Replies
 
Finn dAbuzz
 
  1  
Reply Sat 31 Dec, 2005 11:37 am
FreeDuck wrote:
Partisans are also quick to dismiss valid concerns as "partisan" and an "attack on the president", which is equally or maybe even more dangerous.

True, some are.

The fact that existing law was not followed is not in dispute -- he has admitted it. The only question is whether the president has Constitutional authority to disregard the law.

It's a big question though, isn't it?
0 Replies
 
au1929
 
  1  
Reply Sat 31 Dec, 2005 11:39 am
Letter From Ground Zero | posted December 20, 2005 (January 9, 2006 issue)
The Hidden State Steps Forward
Jonathan Schell


Quote:

PRINT THIS ARTICLE
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When the New York Times revealed that George W. Bush had ordered the National Security Agency to wiretap the foreign calls of American citizens without seeking court permission, as is indisputably required by the Foreign Intelligence Surveillance Act (FISA), passed by Congress in 1978, he faced a decision. Would he deny the practice, or would he admit it? He admitted it. But instead of expressing regret, he took full ownership of the deed, stating that his order had been entirely justified, that he had in fact renewed it thirty times, that he would continue to renew it and--going even more boldly on the offensive--that those who had made his law-breaking known had committed a "shameful act." As justification, he offered two arguments, one derisory, the other deeply alarming. The derisory one was that Congress, by authorizing him to use force after September 11, had authorized him to suspend FISA, although that law is unmentioned in the resolution. Thus has Bush informed the members of a supposedly co-equal branch of government of what, unbeknownst to themselves, they were thinking when they cast their vote. The alarming argument is that as Commander in Chief he possesses "inherent" authority to suspend laws in wartime. But if he can suspend FISA at his whim and in secret, then what law can he not suspend? What need is there, for example, to pass or not pass the Patriot Act if any or all of its provisions can be secretly exceeded by the President?

Bush's choice marks a watershed in the evolution of his Administration. Previously when it was caught engaging in disgraceful, illegal or merely mistaken or incompetent behavior, he would simply deny it. "We have found the weapons of mass destruction!" "We do not torture!" However, further developments in the torture matter revealed a shift. Even as he denied the existence of torture, he and his officials began to defend his right to order it. His Attorney General, Alberto Gonzales, refused at his confirmation hearings to state that the torture called waterboarding, in which someone is brought to the edge of drowning, was prohibited. Then when Senator John McCain sponsored a bill prohibiting cruel, inhuman and degrading treatment of prisoners, Bush threatened to veto the legislation to which it was attached. It was only in the face of majority votes in both houses against such treatment that he retreated from his claim.

But in the wiretapping matter, he has so far exhibited no such vacillation. Secret law-breaking has been supplanted by brazen law-breaking. The difference is critical. If abuses of power are kept secret, there is still the possibility that, when exposed, they will be stopped. But if they are exposed and still permitted to continue, then every remedy has failed, and the abuse is permanently ratified. In this case, what will be ratified is a presidency that has risen above the law.
0 Replies
 
FreeDuck
 
  1  
Reply Sat 31 Dec, 2005 11:43 am
Finn d'Abuzz wrote:
FreeDuck wrote:

The fact that existing law was not followed is not in dispute -- he has admitted it. The only question is whether the president has Constitutional authority to disregard the law.

It's a big question though, isn't it?


Yes, it is. Too big to be dismissed as a partisan attack, and too big to be ignored or left up to faith.
0 Replies
 
cicerone imposter
 
  1  
Reply Sat 31 Dec, 2005 11:45 am
au, Good post. This president thinks he's god or a king; he makes the laws - and ignores laws he doesn't agree with. Bushco supporters are a scary bunch.
0 Replies
 
 

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