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Alberto Gonzales Sets the Record Straight on Surveillance

Discussion in 'BBS Hangout: Debate & Discussion' started by El_Conquistador, Feb 6, 2006.

  1. No Worries

    No Worries Member

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    Here is a good one. The President still utilized the FISA courts for some intercepts, but not for others. The President needs to explain why.
     
  2. GladiatoRowdy

    GladiatoRowdy Member

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    Again, the issue is not whether the NSA should be spying on suspected terrorists. EVERYONE agrees that they should. The issue is whether they should have to get warrants that can be obtained up to 3 days after the fact. The law says they have to. The President's job, as outlined in the Constitution, is to uphold ALL laws of the land, not just the ones that he finds convenient.

    The thousands of people who fought and died for our independance can't be wrong. This president is (wrong).
     
  3. Sishir Chang

    Sishir Chang Member

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    Roxran;

    That is really low and frankly wrong. If you recall the 9/11 commission report showed that 9/11 could've been caught even with the laws and procedures as they existed then. There's no way of saying that even with warrantless wiretapping 9/11 could've been stopped because its the same bureacracy that's running it and there's no guarentee that the dots would've been connected. Months before 9/11 the info was already out there and known b various branches of law enforcement. It wasn't a matter of collecting more info it was a matter of someone putting it together.

    Of course this is the question. Is the President breaking the law? The President or the executive branch aren't going to say they're breaking the law. Nixon never said I'm breaking the law up until he resigned. All you're doing is taking the President's advocate at their word. You're listening to an inherently biased source and assuming that they actually are the one to decide what is legal.
    The Executive branch isn't the branch that decides what is legal under existing law or makes law. The Judicial branch decides what is legal under existing law which is why its called Judicial and the Legislative brance makes law which is why its called Legislative.

    I'm willing to say though that this may yet prove legal but the USSC should be deciding that not the Executive unilaterally.

    The other problem with your argument about allowing the Executive to do pretty much anything to provide securitiy how far should it go?
    You bring up the 3000 who died in 9/11 well what if we had a system of installing cameras in every home, business and private car that was tied into the NSA? Then we could keep track of everyone and surely then the terrorists would've been caught since we could've seen them putting together their plans and those 3000 would've been saved!

    You don't want a government camera in your house? If you're not a terrorist then why should you care if the government is watching you in your house.

    This may sound ridiculous but if the Admin's argument is to be taken at full then they could do that since the AUMF authorizes them to do anything that they, not the courts think is justified as long as they claim it is in the interest of National Security.
     
  4. Mulder

    Mulder Member

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    Your pathos argument is misplaced. Youngstown Sheet says that a President cannot use the guise of war to do what Congress has not said that he specifically can, and certainly cannot do what Congress has explicitly forbidden him to do.
     
  5. vlaurelio

    vlaurelio Member

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    funny dick used the same rationale.. but turns out to be another lie..

    Cheney Cites Justifications For Domestic Eavesdropping

     
  6. SWTsig

    SWTsig Member

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    this is maybe the worst post i've seen on this board.

    yeah, hit 'em with the ol' "emotional" card. tell them "Remember 9/11!!!" "3000 lives lost, don't ever forget!!!"

    PLEASE.

    dont you find it ironic that we've had more than 2000 soldiers die protecting our liberties, the same liberties the terrorists they're fighting "hate" so much.... all the while, our president decides upon himself to curtail and illegally circumvent those EXACT LIBERTIES OUR SOLDIERS ARE SUPPOSEDLY FIGHTING TO PROTECT???

    so why bother even fighting those terrorists? hell, let's just devolve into a totalitarian state, that way the government can monitor everybody at all times. we'd be mighty safe then! Remember 9/11!!!!

    i'm sorry pal, but the fundamental principles and liberties this country was founded on>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> the 3000 lives lost on 9/11. period.

    so leave your emotional pandering at the door.
     
  7. SWTsig

    SWTsig Member

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    http://www.chron.com/disp/story.mpl/nation/3643942.html

    Intelligence panel chair calls for eavesdropping inquiry
    GOP's Wilson says investigation by whole Congress is necessary


    By ERIC LICHTBLAU
    New York Times

    WASHINGTON - A House Republican whose subcommittee oversees the National Security Agency broke ranks with the White House on Tuesday and called for a full congressional inquiry into the Bush administration's domestic eavesdropping program.

    Rep. Heather Wilson of New Mexico, chairwoman of the House Intelligence Subcommittee on Technical and Tactical Intelligence, said she had "serious concerns" about the surveillance program. By withholding information about its operations from many lawmakers, she said, the administration has deepened her apprehension about whom the agency is monitoring and why.

    Wilson, who was a National Security Council aide in the administration of the elder George Bush, is the first Republican on either the House's Intelligence Committee or the Senate's to call for a full congressional investigation into the program, in which the NSA has been eavesdropping without warrants on the international communications of people inside the United States thought to have links with terrorists.

    Wilson's discomfort with the operation appears to reflect deepening fissures among Republicans over the program's legal basis. Many Republicans have strongly backed President Bush's power to fight terrorism, but four of the 10 Republicans on the Senate Judiciary Committee voiced concerns about the program at a hearing at which Attorney General Alberto Gonzales testified Monday.

    Several Republicans have called for Congress to consider amending federal wiretap law to address the constitutional issues raised by the NSA operation.

    The administration said that it considers further legislation unnecessary, believing that the president has the legal authority to authorize the opera- tion.

    Vice President Dick Cheney reasserted that position Tuesday on The NewsHour With Jim Lehrer.

    "We have all the legal authority we need," Cheney said.
     
  8. white lightning

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    That is one scary quote.
     
  9. No Worries

    No Worries Member

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    Intelligence panel chair calls for eavesdropping inquiry
    GOP's Wilson says investigation by whole Congress is necessary


    I guess Rove's threats against Republican Senators was not heeded in this case. Of course, the Republican Senators may not be taking soon-to-be-indicted-in-the-Plame-leak Rove seriously since he maybe a short timer.
     
  10. mc mark

    mc mark Member

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    She's just a lowly house member...
     
  11. No Worries

    No Worries Member

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    dooooooooooh.
     
  12. nyquil82

    nyquil82 Member

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    Needs more cowbell.
     
  13. Sishir Chang

    Sishir Chang Member

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    t

    Thanks for the kudos but please don't refer to me as "Sis Chang".
     
  14. mc mark

    mc mark Member

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    Second Republican breaks ranks with the administration. And, like a good American, demands accountability from the administration.

    --------------
    Senior House Republican wants answers on wiretap program

    Filed by John Byrne

    The Republican Chairman of the House Judiciary Committee F. James Sensenbrenner (R-WI) has issued 51 questions to Attorney General Alberto Gonzales on President Bush's warrantless wiretap program.

    The letter, issued to Gonzales today and acquired by RAW STORY, demands answers to myriad legal questions on the program, which involved eavesdropping on Americans' calls overseas. Sensenbrenner has given Gonzales a Mar. 2 deadline to respond.

    Combined with a move by the chairman of a House subcommittee on intelligence, and hearings in the Senate, the move is likely to signal that Republicans are not going to swallow the President's justification for the surveillance, and may be a precursor to hearings in the House. Still, Sensenbrenner seems to leave room for accepting the taps, at one point referring to them as "terrorist surveillance," the Administration phrase for the program.

    Strikingly, the letter to Gonzales quotes Harvard University professor Lawrence Tribe, a constitutional scholar who testified at unofficial hearings held by ranking Judiciary Democrat John Conyers (D-MI). In a letter to Conyers, Tribe wrote that the taps "far from being authorized by Congress, [fly] in the face of an explicit congressional prohibition and [are] therefore unconstitutional."

    Writes Sensenbrenner: "Do you agree that FISA (Foreign Intelligence Surveillance Act) 'expressly prohibits' the specific activities under this program?"

    Sensenbrenner also questions the program's authorization under FISA.

    "What is the rationale for authorizing a program to conduct surveillance in a manner that does not require prior judicial review by the FISA court?"

    "Have past United States Presidents employed signals intelligence of the kind authorized by President Bush after 9/11 to protect the nation during wartime? Please explain."

    "What legal precedents, if any, support the Administration's position that the September 14, 2001 AUMF directive to the President to use "all necessary and appropriate force" against al Qaeda included the ability to authorize NSA intercepts of al Qaeda-related communications into and out of the United States?"

    Sensenbrenner also asks Bush whether he intends to seek an amendment to FISA that would allow him to conduct warrantless surveillance, and asks about the Justice Department probe which is seeking to root out who leaked the program's existence to the New York Times.

    The full PDF of Sensenbrenner's letter is now available here.

    http://judiciary.house.gov/media/pdfs/DOJNSA.pdf

    http://rawstory.com/news/2005/Senior_House_Republican_wants_answers_on_0208.html
     
  15. FranchiseBlade

    Supporting Member

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    No problem. I apologized in another thread, in case you were offended by the abreviation. I didn't mean it as anything other than short hand, and it wasn't intended as a slight or to be dismissive in any way.

    I am sure you know that because it was a post praising your own, but misunderstandings are easy enough over the internet.
     
  16. mc mark

    mc mark Member

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    This is getting too easy...

    ---------------------

    Chief FISA judge warned about misuse of NSA data

    The chief FISA judge was advised at least twice by a Department of Justice lawyer that information may have been improperly gleamed from warrantless wiretaps, according to a Washington Post article slated for Thursday's paper, RAW STORY has learned.

    Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush’s eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.

    The revelations infuriated U.S. District Judge Colleen Kollar-Kotelly — who, like her predecessor, U.S. District Judge Royce Lamberth, had expressed serious doubts about whether the warrantless monitoring of phone calls and e-mails ordered by Bush was legal. Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen.

    The two heads of the Foreign Intelligence Surveillance Court were the only judges in the country briefed by the administration on Bush’s program. The president’s secret order, issued sometime after the Sept. 11, 2001, attacks, allows the National Security Agency to monitor telephone calls and e-mails between people in the United States and contacts overseas.

    James Baker, the counsel for intelligence policy in the Justice Department’s Office of Intelligence Policy and Review, discovered in 2004 that the government’s failure to share information about its spying program had rendered useless a federal screening system that the judges had insisted upon to shield the court from tainted information. He alerted Kollar-Kotelly, who complained to Justice, prompting a temporary suspension of the NSA spying program, the sources said.

    http://rawstory.com/news/2005/Chief_FISA_judge_ignored_misuse_of_0208.html
     
  17. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    As the liberals continue to deceive and lie in an effort to manufacture a scandal out of the Al Qaeda monitoring program, they continued to be destroyed by the FACTS in this case. If the liberals would take a breather from trying to pave the way for Al Qaeda terrorists to operate with a higher degree of freedom in our nation, they would realize that they are simply wrong on the issue. The following piece, in combination with the Gonzales piece, utterly destroys the liberals pathetic attempts are poking holes in the Terror Surveillance Program. Are the liberals actually serious in their opposition to monitoring Al Qaeda, or does this attempt at concocting a scandal represent mere wishful thinking on their part? Don't ever let a liberal tell you that the Terror Surveillance program violates the 4th Amendment or is unlawful. They are lying out their dumper when they make those claims.

    www.wsj.com

    Inherent Authority
    By DAVID B. RIVKIN, JR. and LEE A. CASEY
    February 8, 2006; Page A16

    After weeks of frenzied debate over its legality, the Senate Judiciary Committee has just held hearings on the NSA's electronic surveillance of al Qaeda operatives communicating with American citizens in the U.S. Many senators expressed the view that this program, whatever its policy merits, should be subjected to additional congressional regulation featuring greater judicial engagement. Proponents of such measures assume that this can be done without impairing the program's efficacy or violating the constitutional separation of powers. A related assumption is that presidential discretion in this matter, unsupervised by the courts, is constitutionally dubious and unduly threatens civil liberty. All these assumptions are flawed.

    Although enhanced congressional oversight of the NSA program may well be constitutionally permissible and even sensible as a policy matter, the requirement of a warrant for this type of surveillance would trench upon the president's constitutional power as commander in chief to monitor enemy communications in wartime. Far from being a "pervasive" domestic spying program, the NSA has simply intercepted the communications of al Qaeda operatives into, or out of, the U.S. As described by former NSA director, Gen. Michael V. Hayden, communications entirely within the U.S. are not targeted, and only those international communications involving al Qaeda on one end are collected and analyzed. All else is speculation (or wishful thinking) by the administration's political opponents.

    Even the NSA program's fiercest foes don't claim that it was designed or administered for snooping on the president's "enemies" or critics. Surveillance is conducted by career intelligence officials at an agency renowned for discretion and professionalism. Nor has the administration ignored privacy interests and congressional prerogatives. According to media accounts, administration officials have minimized the program's domestic footprint -- effectively limiting it to the collection of battlefield intelligence, or the practical equivalent, which is squarely within the president's constitutional authority.

    To be sure, discretionary presidential power has been abused in the past -- under both Democrat and Republican administrations -- and J. Edgar Hoover's ghost still haunts many who lived through the 1960s. However, the constitutionally proper way to prevent such abuses is through political accountability, not through the requirement of a warrant. Here it is important to note that while the Fourth Amendment requires all "searches and seizures" to be reasonable, not all searches require a warrant. The courts have long recognized circumstances in which warrantless searches and surveillance are legally permissible, including, as articulated by the Foreign Intelligence Surveillance Court itself, the president's "inherent authority to conduct warrantless searches to obtain foreign intelligence information." The question is whether, and the extent to which, Congress can require the president to obtain a warrant where the Constitution itself does not.

    The courts have never squarely addressed this issue. By enacting the Foreign Intelligence Surveillance Act of 1978 (FISA), Congress certainly attempted to curtail the president's power in this area, although that statute applies only if the surveillance is conducted within the U.S., or if the target is an American. The law does not specifically address the interception of wartime enemy communications, although its operation is automatically suspended for 15 days after Congress has "declared" war. As the Justice Department recently explained in a detailed memorandum, interpreting FISA to forbid the president's making "tactical military decisions to authorize surveillance" would present serious constitutional problems. This program is at the core of his power as commander in chief, not at the periphery, as was President Truman's seizure of the nation's steel mills during the Korean War.

    In any event, a warrant requirement would be a bad idea. First, the president must be able to exercise his own judgment and discretion in certain critical areas, such as the actual conduct of an armed conflict. Imposing a warrant requirement on his ability to monitor enemy communications would fundamentally impair U.S. war-fighting abilities. Arrangements like FISA's "72-hour" exception, which permits the attorney general to authorize surveillance for up to 72 hours without a warrant, are insufficient to ensure the necessary speed. As Attorney General Alberto Gonzales has explained, this provision requires most of the work in preparing a warrant application to be accomplished before "emergency" surveillance is authorized. The time-saving is minimal.

    Second, FISA permits warrants only against foreign powers or agents of foreign powers. It does not address situations where al Qaeda's American contact does not act as an "agent" -- or may not even appreciate the significance of the communications. Amending FISA so that warrants could issue merely upon showing that an individual has had contact with al Qaeda would be possible, but it would devalue the Fourth Amendment's probable cause requirement to an unprecedented level. And it would draw the courts into review of discretionary presidential decisions that are not constitutionally subject to judicial control -- such as the determination whether a particular overseas-based individual is sufficiently associated with al Qaeda to pose a threat.

    Legislation permitting the courts to review the overall reasonableness of the program is also a flawed idea. The federal courts can only adjudicate actual cases and controversies; they cannot offer advisory opinions. Private litigants must establish that they have been injured in some individualized manner before they have "standing" to sue. Those whose conversations with al Qaeda have been monitored may have such standing, but requiring the executive branch to notify them of this fact would defeat the program's purpose -- to intercept the enemy's communications without his knowledge.

    In short, there is no obviously constitutional and practical means of subjecting NSA's al Qaeda surveillance program to regular judicial review. Instead, Congress must itself shoulder the responsibility. It might enact a new FISA that would fully bless the president's activities, but add enhanced oversight, involving more information sharing with more members of Congress, backed up by the threat to use its fiscal powers to de-fund the program if abuses arise.

    Having thus secured a bigger seat at the table, Congress would also have to share fully in the political risks and rewards associated with the NSA terrorist surveillance program. This may well be politically difficult and bureaucratically cumbersome, but no one ever said that constitutional governance is easy. Despite much grumbling by the critics, the real constitutional problem we face today is not the administration's program. Rather, it is demands that the president's war powers be checked by the judiciary, which is not politically accountable, instead of by Congress, which is.
     
  18. insane man

    insane man Member

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    wsj also doesn't consider torture torture.

    stop with the ultra-conservative drivel. thanks.
     
  19. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    LOL, liberals attacking the WSJ -- the standard bearer of newspapers in the world -- while they themselves are posting stories from "rawstory.com" and declaring it the truth.

    What a bunch of lying bozos these libs are.
     
  20. Deckard

    Deckard Blade Runner
    Supporting Member

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    Gonzales, a tool Bush has used for years, who's perfectly willing to say whatever he's asked to say by Bush, Rove and company, has given sworn testimony twice before the Congress, in the past. It is beyond bizarre that he wasn't sworn in this time. It makes his testimony perfectly useless. He can say whatever he likes without fear of perjuring himself, and is doing exactly that.

    It's a farce, and diminishes his office, the Congress, and makes Bush look like the cowardly fool that he is. What a sad pass we have come to, when America's Congress, and the American people, can be lied to by their Attorney General, who sits with a smirk on his face while doing so. Just when you think this Republican government has reached a new low, they dive further into the mud.



    Keep D&D Civil.
     

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