Think Progress

Why Bush’s Warrantless Spying Programs Puts Americans At Risk»

Today, President Bush attempted to justify his secret domestic spying program:

The NSA program is one that listens to a few numbers, called from the outside of the United States and of known al Qaeda or affiliate people. In other words, the enemy is calling somebody and we want to know who they’re calling and why.

In fact, according to this explanation, the program was not only illegal but unnecessarily puts the American people at risk.

If we know that U.S. persons are communicating with al Qaeda or al Qaeda affiliates, the surveillance would be approved by the Foreign Intelligence Surveillance Court. (Remember, doing so would not slow the process down because you can obtain the approval up to 72-hours after the surveillance has begun.) Evidence obtained with a warrant from the FISA court, in most cases, can be used to charge and prosecute a suspect. In fact, Section 218 of the Patriot Act amended FISA to make it easier to introduce evidence obtained with a FISA warrant to prosecute people.

Every conversation monitored under Bush’s warrantless domestic surveillance program is a missed opportunity to get someone who is talking with terrorists off the streets and behind bars.

Why? Becuase evidence obtained by Bush’s warrantless domestic spying program is probably not admissible in court. Convictions obtained with evidence from this program may be overturned. Suspected terrorists are already pursuing appeals.

Conversation between U.S. persons and a known terrorists should be monitored. But those conversations should be monitored in a way maximizes the security of the American people. Bush’s secret program doesn’t do it. We’d be much safer if he would cancel it and start following the law.

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180 Responses to “Why Bush’s Warrantless Spying Programs Puts Americans At Risk”


  1. Gary Ruppert Says:

    How can Bush be detaining terrorists indefinately and also end up having terrorists be released. You all contradict yourselves.


  2. Judd Says:

    There is no contradiction. This is an opportunity to get these people behind bars.

    For the Bush administration, there is always the option of detaining them indefinately without charging them. But especially with U.S. persons this is very legally problematic. They’ve ended up having to charge people like Jose Padilla and were recently rebuked by the conservative Fourth Circuit court of appeals.


  3. Dave From Battlefield Says:

    Read that quote again:

    The NSA program is one that listens to a few numbers, called from the outside of the United States and of known al Qaeda or affiliate people. In other words, the enemy is calling somebody and we want to know who they’re calling and why…

    So what he’s saying is that we’re letting known AQ operatives run loose?

    We’ll give the prez a chouce. Either this is just one more lie or he and his government are completely inept.


  4. MrTimPA Says:

    #2 - Gary - sounds like you’ve already tried and convicted detainees. If you are detaining a terrorist, by default, they’re already guilty, eh?

    My problem is with the government detaining people (or, in this case, spying on them) without any oversight. Perhaps you’d like to be whisked away in the middle of the night without any legal representation (perhaps to a foreign land), but it’s not what my vision of America is.

    Why is this basic concept so difficult for some to understand? Oh, it’s because you feel you’d never be the target? Think again - with a “squeal on the neighbors” attitude so pervasive, who’s to stop someone anonymously “squealing” on you.


  5. MrTimPA Says:

    #4 Dave: Um - yup, and if these are intercepted calls with known AQ connections, what’s the harm in a FISA warrant? Seems pretty simple to me.

    Then again, perhaps Herr Bush is just a peeping-tom (as are how many NSA folks listening in on things?).


  6. purvis ames Says:

    Why are you operating under the peculiar assumption that Bush was actually spying on terrorists? If he was, there would have been no problem going through FISA. The only logical assumption is that he was spying on someone else and those someone elses were probably political opponents and possibly his own allies. J.Edgar Hoover redux.


  7. dano347 Says:

    Sorry to threadjack, but:

    Bush won’t seek additional funds for Iraq reconstruction
    RAW STORY

    The Bush administration does not intend to seek any new funds for Iraq reconstruction in the budget request going before Congress in February, officials tell the WASHINGTON POST in Monday’s editions, RAW STORY has learned… Excerpts…

    #
    The decision signals the winding down of an $18.4 billion U.S. rebuilding effort in which roughly half of the money was eaten away by the insurgency, a buildup of Iraq’s criminal justice system and the investigation and trial of Saddam Hussein.Just under 20 percent of the reconstruction package remains unallocated.

    When the last of the $18.4 billion is spent, U.S. officials in Baghdad have made clear, other foreign donors and the fledgling Iraqi government will have to take up what authorities say is tens of billions of dollars of work yet to be done merely to bring reliable electricity, water and other services to Iraq’s 26 million people.

    “The U.S. never intended to completely rebuild Iraq,” Brig. Gen. William McCoy, the Army Corps of Engineers commander overseeing the work, told reporters in a recent news conference. In an interview this past week, McCoy said: “This was just supposed to be a jump-start.”

    Bush won’t seek additional funds for Iraq reconstruction
    RAW STORY

    The Bush administration does not intend to seek any new funds for Iraq reconstruction in the budget request going before Congress in February, officials tell the WASHINGTON POST in Monday’s editions, RAW STORY has learned… Excerpts…

    #
    The decision signals the winding down of an $18.4 billion U.S. rebuilding effort in which roughly half of the money was eaten away by the insurgency, a buildup of Iraq’s criminal justice system and the investigation and trial of Saddam Hussein.Just under 20 percent of the reconstruction package remains unallocated.

    When the last of the $18.4 billion is spent, U.S. officials in Baghdad have made clear, other foreign donors and the fledgling Iraqi government will have to take up what authorities say is tens of billions of dollars of work yet to be done merely to bring reliable electricity, water and other services to Iraq’s 26 million people.

    “The U.S. never intended to completely rebuild Iraq,” Brig. Gen. William McCoy, the Army Corps of Engineers commander overseeing the work, told reporters in a recent news conference. In an interview this past week, McCoy said: “This was just supposed to be a jump-start.”


  8. Matt O. Says:

    I want an independent investigation to find out the answers to these two questions, ones I believe are most crucial to this story:

    Why did they not obtain warrants (from a court that approved such papers with such rapidness that they had to borrow Rummy’s ink-stamp signature [read Truth (with Jokes) to check the reference) after they started surveillance on subjects?

    Who were they spying on? It seems to me that if the military deemed PETA activists and anti-war Quakers as potential terrorist threats, who would the NSA go after? High school speech and debate teams?


  9. dano347 Says:

    “The U.S. never intended to completely rebuild Iraq,” Brig. Gen. William McCoy, the Army Corps of Engineers commander overseeing the work, told reporters in a recent news conference. In an interview this past week, McCoy said: “This was just supposed to be a jump-start.”

    Someone just blinked - and it wasn’t the terrorists. I thought we would “pay any cost for Iraqi freedom”? The news is welcome, nonetheless. It signals the Bush administration’s acknowledgement that Americans no longer support his “legacy”, and that control of the House and Senate were always more important than Iraqi freedom.

    Suck on that, you servile conservatives - he sold out the Iraqis for political gain (again) - but his quacking legacy is a fitting preamble to the republicans’ swan song. Abramoff is going to sink you guys anyway, no matter how much flip-flopping he does on Iraq.
    And the apple doesn’t fall far from the tree - remember Bush 1’s “read my lips, no new taxes”? They lie about their real agenda, and you clods suck it up like it was cream style corn (which it really is, only you guys on the right are to tribalist to see it).
    Tuesday will come to be known by historians as “Red Tuesday” for all of the conservative blood-letting Abramoff’s testimony will engender. And it couldn’t happen to a more deserving bunch!
    dano347


  10. Dot O'Brien Says:

    Oh, come on, America! Don’t tell me you don’t have enough imagination to have some fun with this. Just think, we can make up our very own language for communicating to each other…e.g., hey!! the fux might be listening in…let’s give them a screen-full and make their day… get it?
    This can be fun…


  11. RunningDogLackey Says:

    The President’s explanation doesn’t wash. If these situations were as clear-cut and unambiguous as he describes, the FISA warrants would have been a slam-dunk.

    He’s bluffing with the only card he holds — “If I don’t do this, you’ll all die.”

    Problem is, if there are enough chickenshit Americans peeing their pants like Ruppert, he might get away with it.


  12. mike Says:

    Hey guys;

    This just one more of the many distractions THEY are playing. This is a steady state stream of facts that are linked to incipient fascism: the day will come that The Bill of Rights is a thing of the past. It’s sad to live to see what’s happening to America. No sooner they are involved in any trick than there comes the next scandal. Like with the magician, their bahavior is faster than our minds. Forget about it; this is their pendular turn…nobody’s gonna stop’em…al least with this fake democracy…


  13. Luis Says:

    What if somebody calls me and I do not know that they have ties to al-qaeda. Am I going to be spied on without a warrant just because a phone call?


  14. MrTimPA Says:

    #14- Luis: Sure thing, you think they wouldn’t? Tho, with the “program” that doesn’t have any oversight - who knows who they’re spying on - or why.


  15. big dave from queens Says:

    In December of 2000 Bush said that “This (America) would be a heck of a lot easier if this was a dictatorship just so long as I am the dictator.”

    Although rare, Bush was being honest when he said that.


  16. Oliver Cromwell Says:

    Oh Tosh. Anyone they really catch will be nabbed secretly, rendered to some third world hellhole, and boiled in his own excrement. Admissibility in court? Bush laughs at your admissibility in court!


  17. Jay Randal Says:

    Getting FISA court warrants to eavesdrop on real suspicious people is easy-as-pie, so President George W. Bush is trying a switch-play with the truth! It is obvious that he ordered the NSA to spy on anti-war activists, like Cindy Sheehan, and on his political enemies in the Democratic party! The FISA court would reject issueing writs for that kind of snooping, plus the court would have a record/list of names being spied upon!

    Bush and Cheney willingly broke the law, so their actions demand hearings and impeachment for both of them!


  18. RunningDogLackey Says:

    #14

    Al-Qaeda operatives are required under law to identify themselves to you when they call, and provide a 7-digit registration code preceded by the letters AQ.

    Also, if you have Caller ID, incoming al-Qaeda calls will typically show up as “Tora Bora,” “The Cave” or — for older phone listings — “CIA.”


  19. MrTimPA Says:

    The whole point of the constitution is that there are certain protections given to every citizen - and when the government decides to spy on it’s own people (in the “greater good”) it’s a slippery slope. Those that feel it’s ok to give up civil rights in this grand “war on terror” don’t deserve any civil rights - let’s mount cameras in their homes and install listening devices on them.


  20. MrTimPA Says:

    #19: LMOL - Dang, I missed that one - all my caller-id says is “Out Of Area” - I guess that could be caves or something. Hmm. I’ll have to talk to Vonage about their crappy caller-id. Some how being boiled (aka #17) doesn’t seem like much fun - well, at least not without adding carrots and potatoes. And none of those crappy dried herbs, fresh ones only, please. :)


  21. Jason Says:

    We’re not fighting a legal battle in court. We’re prosecuting a war against terrorists who don’t fight fair. We want to stop terrorists attacks, not put “bad people” in jail.


  22. Judd Says:

    We are fighting a war. But that doesn’t mean we should give up any of the weapons we have. The Bush administration is actively prosecuting terrorists in federal court. They brag about it. Prosecuting terrorists is a weapon we have and we shouldn’t compromise it if it doesn’t create any advantage for us.


  23. MrTimPA Says:

    On a followup to #19 - on a more serious note - it’s still interesting that the “best military in the world” and the “best intelligence operation in the world” can’t find this guy. Of course, way back when, Bush didn’t seem too interested in actually finding him. Not that it matters - OBL is just one of many people that the administration has managed to piss off - and it’s convenient that this boogie-man and the “war on terror” will continue.


  24. MrTimPA Says:

    #22: Terrorists don’t fight fair - that’s true. But the battle will never be “won” on the battlefield. If you recall history, the colonists in this country “didn’t fight fair” - they learned the “hit ‘n run terroristic” tactics from the natives. The only solution to the problem is understanding why the hate exists and work from there.


  25. MrTimPA Says:

    Judd: (23) - I don’t agree - we’re not fighting a “war” - not in the traditional sense. We’re fighting an angry dis-jointed group which is reacting to our bad foreign policy in certain regions of the world. I’d think if we were better with foreign policy, there wouldn’t be the problem we face now. Just look at who’s “pissed off” at us and what our policies are in that part of the world.


  26. BJ Says:

    The more I look around the net, the more i see the news.. i have a bad feeling this is going to be swept up and thrown in the corner with all the other dirt bush has pulled.. there are several articles circulating about how the “cult” aspect fits bush’s followers.. meaning if u take all the stats that are used to decide ‘what makes a cult and a cult follower’.. this administration and the people who stand by them fall into this category..

    i’m afraid that bush will get away with the lies and really, anything illegal he wants.. this will be wiped away with the next crisis making the news and ppl will forget about this..

    what crisis you say? how ’bout our invasion of iran this year? i added some info that is coming out about this on my blog, please feel free to stop by and say hi..


  27. WORFEUS Says:

    You know terrorists have been killing Americans for a long time.

    I don’t remember anyone panicing when Tim McVeigh took out an entire Federal building in Oklahoma.

    McVeigh was a fundemental Christian and therefore blends easily into the population in the US. But that did not stop us for going after him.

    This war on terror is nothing more than a big fat Red Herring, nothing more.

    If we were really concerned about terrorists we would have held the 30+ members of Bin Ladens family, we would have given him a 2 month head start, and we would never have invaded Muslim Holy land, and act guarunteed to create more terrorists than we could ever imagine.

    Only a fool would believe the War on Terror is anything more than a Wag the Dog.


  28. WORFEUS Says:

    You know terrorists have been killing Americans for a long time.

    I don’t remember anyone panicing when Tim McVeigh took out an entire Federal building in Oklahoma.

    McVeigh was a fundemental Christian and therefore blends easily into the population in the US. But that did not stop us for going after him.

    This war on terror is nothing more than a big fat Red Herring, nothing more.

    If we were really concerned about terrorists we would have held the 30+ members of Bin Ladens family, we would have given him a 2 month head start, and we would never have invaded Muslim Holy land, and act guarunteed to create more terrorists than we could ever imagine.

    Only a fool would believe the War on Terror is anything more than a Wag the Dog.


  29. Andrew C White Says:

    James Madison saw these guys coming a couple hundred years away. He and some very smart fellows made it very clear this this bushit won’t fly.

    I know New York Republicans have enough problems of their own they sure as heck don’t need Bush bringing them any further down… of course, if shared some of that spying data so they could save their own butts they might not mind.


  30. Jay Randal Says:

    The United States Congress has to decide immediately, when they return to DC at end of January, if they want to be powerless and let Bush rule as a dictator/king, or get some spine and impeach George for “High Crimes”?!

    If the Congress decides on being wimps, then WE the people have a right to demand that the entire membership of the House and Senate resigns in shame!

    They are supposed to keep the Executive Branch of our government in check, and prevent any power abuse of our Constitution, as well as protecting our freedoms in the “Bill of Rights”!

    The Constitution says flat out: that at any time the federal government fails to represent the people, then WE the citizens have a right for a NEW government!


  31. Tippersnore Says:

    Isn`t the catch in Lord Mush`s words: “…communicating with known al Qaeda operatives?” For instance, the US government didn`t know Zarqawi was affiliated with al Qaeda till he decided it was beneficial to label himself as such. And what about all the loosely affiliated jihadis out there who have caught the murdering meme? A better way to protect Americans is to fully enact The 9/11 Commission`s recommendations and also change our most egregious behavior overseas.


  32. Armando Gomez Says:

    Saddam at Home

    January 1, 2006

    James P. Pinkerton’s “You make the call: Civil liberties or safety?” is trying to assume that Americans care more about their skins than civil liberties. I think it’s too early in the game to access whether Americans are willing to forgo their civil rights so easily. Throughout the article Pinkerton attempted to assure us we’re willing to let our civil liberties fall so that we can die in our sleep. Is he right? Or is the whole article is Pinkerton’s self-reflection? I believe it’s the latter. But let’s say it’s the former: Americans are willing to drop their civil liberties to fight and overcome terrorism. That’s why we’re in Iraq, right? Since we now believe it wasn’t the WMDs that brought us into Iraq but to inject democracy we can now say with confidence that we’re doing the right thing: We overthrew Saddam Hussein not for our national security but so that Iraq could have civil liberties and a free economy. And we Americans are okay with that, sacrificing our civil liberties, national economy and the rule of law. Either that’s stark raving psychosis or Saddam is sitting at the Oval Office.


  33. prabhata Says:

    You forget that the administration does not plan to put on trial people they have found “guilty”. The administration is the prosecutor, judge and jury. With the Padilla case, the administration got the okay to have its own courts too. That’s where Padilla was headed until the Supreme Court put some guidelines, and the administration found that the trial it had envisioned was no longer possible.


  34. Gary Ruppert Says:

    If you all are so concerned about terrorists being released due to what you call “illegal wiretaps” then maybe you all shouldn’t have released that information.


  35. ? Says:

    If you all are so concerned about terrorists being released due to what you call “illegal wiretaps” then maybe you all shouldn’t have released that information.

    Comment by Gary Ruppert — January 2, 2006

    Gary Ruppert is a euphemism for psychotic moron.


  36. ? Says:

    Plunger,

    Take your anti-semitism and conspiracy theories someplace else. Your spam is getting old.

    From one of the links you keep spamming…

    Carl Levin does not want anyone to understand what happened on 9-11. That’s because he was part of the team that pulled it off. As I explain in “Merry Christmas, and OFF WITH YOUR HEAD!” the 9-11 terror was the kickoff event in the War for Jewish Supremacy.

    http://www.Public-Action.com/christmas.html

    The aim of this war is to establish a world-wide Jewish theocratic state, where rabbinical courts will rule every country. The current vanguard of this Jewish empire is an organization called Chabad Lubavitch. Carl Levin has publicly endorsed Chabad Lubavitch from the floor of the Senate.

    http://levin.senate.gov/floor/052501fs1.htm
    cached at:
    http://www.Public-Action.com/x/nh-levin-loves-lubavitch

    Carl Levin is not going to blow the whistle on NORAD. Please understand Carl Levin. He is a patriotic Jew. He is not a patriotic American. Levin allowed Myers and Eberhart to get away with murder because 9-11 furthers his nation’s plan for world domination. For documentation:

    http://www.Public-Action.com/christmas.html

    Think about it. There is no way you could pull off 9-11 without having Levin in your pocket.

    You are as bad as Ruppert. I mean psychotic moron.


  37. daviduskas Says:

    This war on terror does not exist. Where is the enemy? Dwelling in caves somewhere in Afghanistan? This war does not exist because it will never end, it’s impossible to win a war against an enemy that does not exist.

    The enemy, the terrorists, can be anyone and always will have the ability to strike at us, probably the suicidal fashion. You could only win a war like this one if you searched for what causes terrorist emergence and tackle them.
    Instead, the Administration prefers to bomb the shit out of Iraq, torture prisoners, etc.

    This war is but a pretext to keep citizens in constant fear and ergo abdicate their civil rights and freedoms to those in power.

    Bush is a very intelligent man; he must have thoroughly read 1984. In that book war was also eternal, those in power were not aiming at winning the war, merely at perpetuating it. When you say we are at war, who is it that were are supposed to be fighting?


  38. ? Says:

    Even the John Birch Society thinks you are a nutbar, Plunger. That’s really bad. They are the original tin foil hat squad. Get a life, Dude.


  39. zoot Says:

    “Why? Becuase evidence obtained by Bush’s warrantless domestic spying program is probably not admissible in court.”

    no problem, the bushcriminal has gotten around all of the legal tangles associated with courts: just claim someone an enemy combatant and whosh, problem solved…person disappears and there is no means of retreiving them.


  40. richb Says:

    the debate is being framed successfully right now by the President…he’s put it in simple terms.

    Terrorists were calling here, why shouldn’t I know what they are up to and protect you from harm.

    Democrats are framing this as a ‘legal matter’, Outside the Beltway I think the President will have support.

    to be clear as a Republican I don’t like what the administration did here and wish FISA would’ve been the option. But such as it is, the President has made his argument better at this point.

    we’ll see how the legal entanglement ensues because it’s important for future Presidents.


  41. BushSucks Says:

    The NSA program is one that listens to a few numbers, called from the outside of the United States and of known al Qaeda or affiliate people. In other words, the enemy is calling somebody and we want to know who they’re calling and why.

    ^Now this is another crock of crap. If they know who the enemy is and they are monitoring them, why not just target them and not be wiretapping thousands of Americans. Go after the real terrorists eh? I’m starting to think that there is no al Qaeda. It’s just something the bushfugs all made up to further their agenda. For all I know Osama Bin Laden could be some dude who just lives in caves and holds taped church meetings, then they roll the tape on tv and interpret it as some big threat to us.
    Ah and yeah, the point on Timothy Mc Veigh. There was no time wasted on hunting him down. We got Saddam, so where in the hell is Osama? Isn’t HE the guy that supposedly takes all the credit for his 9/11 stunt among other things? But we can’t find Osama! It’s just effin bull.
    Rummy, condo, bushfug, and cheneybubba’s ideas of a draw down is to pull the boots off the ground and bomb the hells out of these cities in Iraq because we are losing. May as well turn it all into a parking lot, move on in and call it America Part Deux.


  42. Bushes best friend Says:

    This is all to spin the facts of the innocent Iraqis been killed and a counrty destroyed because of you IGNORANT moraos …please get back to Iraq stories and stop spinning with this boring story


  43. BushSucks Says:

    the debate is being framed successfully right now by the President…he’s put it in simple terms.

    Terrorists were calling here, why shouldn’t I know what they are up to and protect you from harm

    That’s right. Big brother is gonna protect us. Now sleep tight.


  44. Bushes best friend Says:

    Face the Facts …
    1/all countries in the world monitor calls by computers
    2/ they have the technology to listen in your house anytime anywhere by ampliflying the diaphram on your phone that moves at all times this techology has been around for 50 years. even when you not using the phone
    3/ certain words you say like BOMB automatically start recording conversations anyway
    4/ no terrorist in the word would menyion bomb they will speak about fishing or something

    ————–
    NOW STOP THIS SPIN AND GET BACK TO THE INNOCENT PEOPLE YOU HAVE KILLED AND COUNTRY DESTROYING YOU ARE DOING YOU BUNCH OF MASS MURDERING WANKERS
    ————–

    I SAY TO THE WORLD BOYCOTT AMERICAN GOODS


  45. BushSucks Says:

    And Tony Blair has not implemented any of his own little plans to control the Brits? I do believe there are brits murdering innocent people too.


  46. Bushes best friend Says:

    A public enquiry into 911 will give the Americans all theere worst fears come true and that is Bush knew of 911 in advance and let it happen there more than enough documents and FBI reports of this to prove it ….BUT hey lets not have a public enquiry as that will prove bush to be guilty…….. you know only 7 % of the world like Bush and 125 million of them are in America Right … that leave 2% of the world like that idiot mass murdering bloody dictator that kidnapped America …

    PS why do we never hear of any NEWS from John Kerry has Bush Banned that too ?????


  47. Frankly, my dear, ... Says:

    to be clear as a Republican I don’t like what the administration did here and wish FISA would’ve been the option. But such as it is, the President has made his argument better at this point.

    It just looks that way because, as usual, the president has lied.

    The information about the extent of this surveillance was already out there and has been reported to have been considerably more widespread than “listening to overseas calls from al-Qaida”.

    the debate is being framed successfully right now by the President…he’s put it in simple terms.

    Has he ever put anything in any other terms? Simple is as simple does. It goes in the same barrel with:

    The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa.

    Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production.

    and at least 1,000 other equally simple and equally untrue statements.

    As a Republican, aren’t you starting to get tired of being lied to? Or, as a Repbulican, is it not a lie if it isn’t about sex?

    Terrorists were calling here, why shouldn’t I know what they are up to and protect you from harm.

    And if that is what he is doing then there is no reason on ____(insert name of god of your choice)’s green earth why he couldn’t get a warrant to listen to that conversation (or even, if he didn’t know what number was going to be called, to start surveillance when the call starts and get a warrant within the next 72 hours). If the call doesn’t produce any “foreign intelligence” he doesn’t even have to get a warrant unless the surveillance is continued for more than 72 hours and provided that any information gathered is destroyed within the 72 hours.


  48. the daily phosdex Says:

    In the immortal words of Josiah Quincy:

    “Liberty is not safe where the people are not watchful.”


  49. Joe Sixpack Says:

    Richb in #52 says, as a Republican I don’t like what the administration did here and wish FISA would’ve been the option. But such as it is, the President has made his argument better at this point.

    As a Republican huh? Here is a quote for you to think about:

    “There is a road to freedom. Its milestones are Obedience, Endeavor, Honesty, Order, Cleanliness, Sobriety, Truthfulness, Sacrifice, and love of the Fatherland.”

    Correct me if I’m wrong, but if that had been “Homeland” instead of “Fatherland” you would have thought it was one of junior’s famous qoutes instead of Adolph Hitler’s, huh?

    I mean, just how much personal freedoms, invasions of privacy, and violations of the Constitutions are you and the Republicans willing to go along with before you say “enough” to this nitwit president? Perhaps if the citizens of Germany would have stood up to another nitwit who began twisting the German laws and violating the rights of the minorities of its population, there would have been no Second World War.

    Wake up, knucklehead. Its your ass on the line, too.


  50. lemme splain a few things Says:

    Your site is becoming unusable TP.

    Can you NOT fix the PHP scripting?
    or is your site under dos attack?
    Either Way, if you DO not fix it, you, will fall off the face of the Internet, Many Times today and yesterday, and many other days before this. The problem is only within your server, or your ISP, I would suggest setting up mirror sites, as your site is the only buggy One I am encountering, as many others here have stated.


  51. lemme splain a few things Says:

    it IS UNUSABLE..KlIK remove Bookmarks, Toilet Paper (T.P.)
    to read about Data mining, and since TP is unable to Serve a working site,
    Data mining Tracking drive to work, nails bought


  52. BoB Says:

    BYE BYE SOROS and Toilet Paper!! _||_(*.*)


  53. the Fly-man Says:

    Plunger, What about judy miller? I follow your story, but what if IT is a distraction? You haven’t nailed the motive. Thanks.


  54. california_reality_check Says:

    #68, No thank you. The chimp is the current criminal. Impeach him before he can invade another country.


  55. cleaner Says:

    The President’s massive secret spying program is not only blatantly wrong and illegal, but it’s also ineffective.

    1. The immorality and illegality are blatant. Why else would not just one, but according to the New York Times about a dozen current and former officials blow the whistle on the President “because of their concerns about the operation’s legality and oversight”?

    Indeed, why did the President make such a big deal out of needing the Patriot Act to help make it easier to get spy warrants from a court? Bush had to say this because he knew that a fundamental requirement of the law is going to the court before you can spy on US citizens like you and me.

    The huge public reaction against Bush when his illegal secret spying program finally was unearthed just shows how fundamental this law is to our freedom. All the while, however, Bush was spying on us without bothering to get the warrants.

    Is it any surprise or coincidence that the White House got another bogus CYA memo from their go-to inexperienced lap dog lawyer, John Yoo? The same John Yoo who was disgraced for writing the now totally discredited memo justifying torture.

    And just add to that the hypocrisy of the Administration in sicking the Justice Department in a witch hunt on all their enemy whistleblowers they want to out. Contrast that with their sudden “no comment” clam up position in protecting the Plame leakers once that investigation started to point to the President and his favorite confidants in the White House.

    Look at history. Look at Nixon. Would it have been right to let the Justice Department witch hunt the lone Deepthroat who outed Nixon’s secret spying? Of course not, then as now, it’s the President and other perpetrators in the White House who are the problem. In this case the illegality and immorality are so blatant that not one, but twelve Deepthroats stood up. And all of them knowing that doing the right thing puts their careers and reputation in jeopardy because of the Administration’s proven rabid, “payback” tactics against its enemies, including outing a CIA agent, torturing hundreds on vague suspicions of terrorism etc.

    2. The illegal secret program is an unmitigated failure. The terrorist-backed insurgency in Iraq is raging. We never caught OBL, MO or Zarqawi despite the all of the Administration’s desperate illegal secret spying and torture.

    The irony is we didn’t even need illegal secret spying or torture to stop 9/11 - we had all the intel we needed but our government agencies didn’t share that info. Further, the Bush Administration ignored the CIA’s warning right after Bush took office that al Qaeda was America’s number one threat. The Bush Administration also took Bush’s cue and ignored a subsequent memo warning about OBL about to strike the US. As the final steps up to 9/11 took place, Bush was on vacation the whole month of August.

    The real tragedy is that while Bush has ridden off on his borderline insane frolic-and-detour in the secret spying and state condoned torture, Bush still hasn’t addressed the recommendations of the 9/11 commission, including the one about emergency workers sharing radio spectrum (another avoidable problem in Katrina which cost us lives). The President’s report card from the bipartisan 9/11 commission has “F”s, and lots of them with a lot of other low grades too. And we’re wasting our resources by passing around pork to defend parts of the country that aren’t even at risk. This Nation’s security also still has not recovered from Bush’s crony-hack appointments including “you’re doing a heck of a job Brownie” and the hundreds of lives that were lost because of them. Too much time has passed for our defense to still be this weak. This is a disgrace.

    As Nick Kristoff, a pretty sharp guy writes, the terrorists are still running circles around us on the Internet and we still have silly rules that prevent our agents from posing as jihadists. Why isn’t the President targeting silly rules like these whose elimination would make a real difference rather than illegally spying on US citizens?

    The situation is screaming for impeachment. The Republicans can only hold off impeachment proceedings until the mid-term elections in November, when America will wrest itself away from the Republican stranglehold on Congress and our Nation.

    I am not just naysaying, I’m telling the truth. The war on terror is a failure. The President has had his chance and has made all the wrong moves. Most Americans don’t feel safer for good reason.

    Here’s what we need to do. The President needs to devote real resources and political capital to cleaning up homeland security, to addressing the 9/11 commission recommendations, and to listening to smart people like Nick Kristoff who raise real issues rather than divisely branding anyone who doesn’t drink the Bush Cool Aid as being unpatriotic.

    Also, the President has to reach out far more effectively to disaffected Muslims. There are a billion plus Muslims in this world. We need to win the battle for their conscience and win them over. Indiscriminate torture and police state spying hurt us here.


  56. the Fly-man Says:

    So have we, as taxpayers, paid to have our own government intrude upon us? Can we see this some place in a budget? It’s a billable expense is it not? Do they require workers comp. for freelancers? I guess the flip side is so far so good other than katrina so everyone keep buying gas and shopping so more can be spent on keeping us in line. Beautiful.


  57. Joe Sixpack Says:

    Does this singling out of Republicans indicate that this is a partisan issue Joe ? Comment by Wooberstank #70.

    No, as a rightwing conservative “nimrod” myself, I just think the continual violations of constitutional laws and individual rights by the Republican Administration with permission of the Republican House and Republican Senate is going too far in curbing the freedoms we enjoy.

    Correct me if I’m wrong, but the conservative party in power should quit attacking our personal liberties and stick to what it does best: keeping an eye on and trying to police what two consenting adults do in the privacy of their bedrooms.

    When it comes to junior, pal, I don’t have to wake up. I just throw up.


  58. wisedup Says:

    I hate that little grin when bushie is lieing…ukkkk. An impeached pres. can’t spy on anyone.


  59. David B Says:

    Why does the Bush government hate America? This man and his cabal has completely trashed the 4th admendment as well as several other civil liberties with the Patriot Act. Wake up America, this nation at war BS can go on for 10-20 years, what will we be then? The men and women that founded this country and fought for the ideals of freedom and independance are reeling in their graves. Bush’s listening activities need to be investigated by an independant prosecutor as his boy, Alberto is in his pocket at DOJ. He needs to be impeached if found guity if any indictable offenses. One could argue that he has committed treason and should go to prison since he knowingly subverted federal law during war time.


  60. The Debtonator Says:

    Personally, if bushy wants to spy on me - LET HIM. Perhaps THEN bubbleboy will realize what America REALLY thinks. A little dose of REALITY. Something that he (and the rest of the republican reich) knows nothing about.

    Hey, I LIKE THAT! They’re ALL Reich Wingers!


  61. the Fly-man Says:

    Plunger,if i follow what you have surmised, the only motive would be to get way out ahead on something that needed to happen. IE: The aquisition of a solid airbase east of Israel and all the control that comes with it. Zionist, if that means never leaving Jerusalem, maybe just a regional by product. Closer to India and closer to China, seems to me where we are going. Syria, the western front, I think will be next, Israel justs sits there and waits to get attacked, then Iran gets nervous and then what? I still don’t see any other reason other than a copius amount of executive power grab, you know seat a couple of well placed judges and how does that song go , “Bring Lawyers, Guns and Money.”


  62. Frankly, my dear, ... Says:

    All this says is you didn’t understand what was reported.
    All satellite and digital communications worldwide are monitored and have been for decades. If this type of blanket monitoring is an issue for you then youve got half a dozen presidents to take issue with before you get to Bush.

    Comment by Wooberstank — January 2, 2006 @ 9:27 am

    Ah, so you agree that Bush lied when he said

    The NSA program is one that listens to a few numbers, called from the outside of the United States and of known al Qaeda or affiliate people.

    Warning: this link will take you to the White House’s official site which may then monitor your browser history.

    The issue most certainly isn’t about blanket monitoring. It is about monitoring U.S. persons without a warrant based on probable cause as guaranteed to citizens by the Constitution of the United States (and just incidentally about telling such a transparent lie about it that even you realize that much broader surveillance than Bush claims to have done has been going on for years).

    To paraphrase the Republican battle-cry of ‘98, “it’s not the spying, it’s the lying.”


  63. TJM Says:

    The use of the predator drones has superseded the need for cruise missiles. Plus when Clinton used them in SE Afghanistan,he violated Pakistani airspace and wrecked an ISI training facility. The Pakistanis were a bit miffed about the airspace thing and losing some of their own intelligence trainees.
    The question is a valid one.If,as the President says, these calls are the domestic end of a call to/from a known terrorist,what are we waiting for? We haven’t had any compunction about putting people in prisons.


  64. the Fly-man Says:

    Who is the boogey man? You think maybe they intercepted, I bet the President likes that word, Yeah, intercepted, heh, heh, a phone call from from one of the 19 flight escorts if you follow Plungers story. Yeah maybe one day M. Atta called the President to say hi.


  65. David B Says:

    Frankly,
    I can agree with your premise and go one step further. If there were 18,000 taps as claimed by Fox News, do you really think that thoses were all foreign in nature of Americans of suspicion? of what? I say lets the the list of those who were tapped. I’m sure there are no political enemies (sic) or business competitors that maybe had a communication intercepted. If there is push back to produce the list or investigate the warrentless listening, there is a good reason, someone is guilty of abuse.


  66. Jamie Says:

    Actually he has 15 days to obtain the warrant during war time. Makes his case look even worse. I been reading through the actual code and there is not a single thing in there that makes it sound like he has the legal authority to do this. The fisa code actually requires that BOTH parties be of a foreign power and not U.S. citizens. Further it details on all surveillance to be forwarded to the intelligence and judiciary committees numerous times a year.

    Jamie
    http://intoxination.blogspot.com


  67. Frankly, my dear, ... Says:

    Bet you wish you knew the reason that ability was lost so you could express your outrage right ? Well it’s because details of this capability to intercept phone communications was part of the evidence disclosed in al Qaeda prosecutions which tipped off OBL to stop using his sat phone.

    Would you happen to have a source for that, Wooberstank, or did a bird whisper it in your ear? It doesn’t seem to play any part in this story.

    You don’t suppose there’s any possibility that Osama was bright enough to figure out maybe he better shut down his sat phone after a few dozen cruise missiles missed him by about an hour, do you? Nah, I didn’t think so.


  68. The Truth Says:

    If you destroy the constitution you destroy the United States. How’s that for risk…


  69. The Truth Says:

    Wooberstank,

    Are those direct quotes you’re using from Nixon and Hitler, or are you just paraphrazing?


  70. the brain Says:

    Can someone take A pole from democrats and republicans on this issue? of wire tapping and E-mail invasion of americans constititional rights. Was the president right or wrong? please don’t ask the congress. GWB said” they gave him the power when they told him to go after Iraq’s WMD?”


  71. Frankly, my dear, ... Says:

    No the issue is about whether you can apply fuzzy logic to a quote about something you know nothing about in order to interpret it as a lie. Do me a favour and just piss off. You are so far beyond irrelevant you may as well be talking about Plame.

    Gee, and right up to there I had you figured for an intelligent person. Now I know you are a Canadian.


  72. bob the nihilist Says:

    Republicans are pure scum. They should all be shot — post-haste


  73. unbelievable Says:

    Wooberstank, Are those direct quotes you’re using from Nixon and Hitler, or are you just paraphrazing?
    Comment by The Truth — January 2, 2006 @ 11:09 am

    The only direct quotes I have posted are from other readers of ThinkProgress. I’m sure they appreciate the poorly thought out insult in lieu of you having anything relevant to say.

    Comment by Wooberstank — January 2, 2006 @ 11:36 am

    Another ignorant neocon who cannot think for itself… so he paraphrases stuff that he read in one of his ignorant neo-nazi pamphlets and then blames it on us when he can’t remember the exact quote or source…

    What’s a matter the neocons kick you out of their websites for being too extreme for even them? If you dislike us so much, stop crashing our parties. It smells better when you aren’t around.


  74. the Fly-man Says:

    Sorry my link died. Here is a quote from the Wash. Post article by Leonning& Dafna, 051222, Page A01.here is the money quote for me. ” The questions are obvious,” said U.S. District Judge Dee Benson of Utah. “What have you been doing, and how might it affect the credibility of the information we’re getting in our court?” So here is a FISA judge asking, Did they snoop and THEN go get the FISA warrant based on info obtained with the first snoop? Not pretty if true.


  75. The Truth Says:

    Wooberstank,
    So you’re paraphrasing…


  76. The Truth Says:

    Hey Wooberstank,

    I was not insulting you. You have a picture of Nixon on your nightstand. Be proud of it. You think the guy got a raw deal. I don’t see how me pointing that out is something you would take as an insult. In fact, I would think you would wear it as a badge of honor. And to complete the outfit you could take shredded copies of the constitution and weave them into a fly ass belt.


  77. Frankly, my dear, ... Says:

    Actually he has 15 days to obtain the warrant during war time.

    I think you may be misreading the statute here. What is says is:

    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 a period not to exceed fifteen calendar days following a declaration of war by the Congress.

    I take this to mean that warrantless surveillance may be conducted for 15 days after a declaration of war, not for 15 days during a state of war. Since Congress has not declared war, the point does not arise.


  78. the Fly-man Says:

    Here is another good one re FISA: http://www.law.com/ jsp/ article.jsp?id=1043457933027


  79. SpudgeBoy Says:

    “How can Bush be detaining terrorists indefinately and also end up having terrorists be released. You all contradict yourselves.”

    I just shot water out my nose. That is the stupidest statement I have read in a long time.


  80. The Truth Says:

    maybe take the Bill of Rights and make one of those Burger King paper crowns out of it…


  81. vacreeper2003 Says:

    American citizens, whether dabbling in terrorism or not, are subject to laws of the United States. They are not “detainees” - either a person is under arrest and charged with a crime or they aren’t. It’s easy to see why Bush would want to conduct spying on his own people in secrecy - he views the Constitution and the laws of this country as an impediment to the “War on Terror.” If this is the kind of governance we can expect from the current Administration, and if our leadership is convinced our legal system isn’t robust enough to survive the current extant crisis, I’d say the United States doesn’t have long to live - at least not as a free and democratic society. FISA and the Patriot Act are very clear about warrants for wiretapping American citizens. Congress needs to carry out its Constitutional duty and put a stop to this tyranny.


  82. unbelievable Says:

    And to complete the outfit you could take shredded copies of the constitution and weave them into a fly ass belt.

    Comment by The Truth — January 2, 2006 @ 12:14 pm

    He’s doing it now, as we speak… Of course, you might want to make sure he knows what the Constitution actually looks like. You know most of neocons have never seen it, much less read it.


  83. The Truth Says:

    Ah.. Wooberstank stopped toungue kissing his life size Hitler blow up doll long enough to come back and defile his charachter once more with the already disproven BusCo lie about Bin Ladin ditching his sat phone because of what he saw while watching CNN Late Edition. Nice…


  84. Ken Says:

    Here’s how Bush’s secret wiretapping could be making the world safe for democracy, using Bush’s justification for the program…He is using this limited program identify terroritsts within the United States…even if they turn out to be American citizens, they are still considered a terrorist if they are being contacted by someone outside the United States known to be a member of AlQaida, or affiliated with a member of AlQaida.

    He can’t use the evidence in a trial, but, He can use whatever evidence He obtains in order to declare a U.S. citizen an “enemy combatant” and lock that person away indefinitely, without a trial; or, He could have the CIA ship the person off to a secret prison, or to country known to commit torture, for interrogation.

    After all, we are in a War Against Terror, and He has unlimited power under the Constitution of the United States of America to do whatever He feels is necessary to protect and defend the American people.

    Anybody read 1984 recently?


  85. The Truth Says:

    “Anybody read 1984 recently?”

    Wooberstock says to let you know he’ll get to it right after he finishes reading Mein Kampf for the 10th time.


  86. The Truth Says:

    Hey Wooberstank,
    Do you hate gays because of what happened to you in the 7th grade with that older boy from next door? Cause if so, man.. you should just let it go…


  87. The Truth Says:

    Hey Wooberstank, I was not insulting you. You have a picture of Nixon on your nightstand. Be proud of it.
    Comment by The Truth — January 2, 2006 @ 12:14 pm

    Phew that’s lucky. Because otherwise you associating me with neo-nazis for no apparent reason could certainly be taken out of context as an insult.

    Now now Wooberstank…
    Don’t sell yourself short. The NAZI comparisons are valid. You have shown very clearly your fascist credentials. Again, you should not feel insulted, given your political philosophy. I’m sure you also wear those as a badge of honor… on your brown shirt…. with your fancy shredded US Consitutions belt and Burger King Bill of Rights paper crown…


  88. The Truth Says:

    And Wooberstank,
    I love how you validated my take that you have a picture of Nixon on your nightstand — “OK so I do love Nixon… But calling me a NAZI is an INSULT!!!” Good job


  89. Briseadh na Faire Says:

    Wooberstank,

    you said, “Have any of you stopped to consider that getting a call from al Qaeda operative isn’t a crime and therefor this “inadmissable evidence” is just a beat up of a non-issue?”

    Have you studied Evidence Law? If not, I recommend it, preferably at an ABA accredited law school. It may not be such a non-issue.

    However, there is one “saving grace.” Certain factions in Congress are willing to do whatever it takes to get Alito onto the Supreme Court. It is not impossible to picture a scenario where the FISA restrictions would be deemed to be an unconstitutional infringement on Presidential Power. As a War Time President, He will have Unlimited Power under the Constitution to do whatever He deems necessary to make the world safe for democracy.


  90. The Truth Says:

    Wooberstank,
    I recommend Trinity School of Law.
    It’s down in Orange County. Just be careful when they start talking about “fruit of the poisen tree” They could be talking about a few different things.


  91. Evil Progressive Says:

    Bush is yet again insulting peopl’s intelligence.

    Supposedly, the NSA is only spying on INTERNATIONAL communications. I see. So, the NSA is not spying on DOMESTIC communications between dormant cells in various parts of the U.S.

    Anyone who believes that there are no dormant terrorist cells hiding in plain sight in the U.S. is an idiot. Anyone who believes that members of these dormant cells do not communicate with one another within the confines of the U.S. territory is an idiot. It follows that anyone who believes that the NSA is spying solely on international communications is an idiot.

    The truth of the matter is that Bush has given the NSA the right to spy on all communications of all citizens and residents of this country.

    Bush is lying again to save his sorry arse. He broke the laaw and violated the Constitution, and has publicly vowed to break the law again. That is the real story, and the only one that counts.

    The question is: how long are Americans going to tolerate this despotic behavior?


  92. richb Says:

    #64 calling me a ‘knucklehead” while paraphrasing what I said removes you from a diaglogue I want to engage in. I’ve never insulted or called anyone a name on this forum. I come here to read what other folks are saying. I’ve changed my mind on several issues because people on this forum put forth an intelligent argument for a differing opinion.

    I was merely stating the perception outside the beltway, that at this point the President’s argument is being better received….I don’t agree with what he’s done.


  93. The Truth Says:

    If you’ve just joined us the concept here is that you must be a neo-nazi to acknowledge that spying on US citizens didn’t start under Bush.
    This would apparently make every single person here a holocaust denier given that absolutely everyone has now become aware this is what occurred but just refuse to acknowledge it because it hurt’s their propaganda.

    Yeah, that’s exactly what it does.

    Hey Wooberstank, don’t be all like, hurt - and - stuff… sniffle… If you don’t want to be labeled a fascist, just stop stomping all over the Constitution.


  94. Jay Randal Says:

    Bushites never give-up on their Fuehrer, no matter what he does wrong! Even if pics of Bush naked in bed with Jeff Gannon were released, the Bush Zombies would defend him!


  95. Evil Progressive Says:

    Wooberstank,

    We could call you a Communist, if you prefer. The Soviet dictators also spied on their citizens. Same difference.

    You are obviouly a dictatoship-loving troll.

    You may want to try a stint in Uzbekistan, our ally in the war on terror. They don’t mess around in Uzbekistan. They do not get all bent out of shape about a little nail-pulling, waterboarding, genital-cutting, rape and sodomy, like the sissies in the U.S.

    If you really behave yourself, you will be granted the privilege to spy on people, torture them, and the next time there is a rebellion in a town like Adijan, fire live bullets on crowds of men, women, and children. Torture and spying activities are all well and good but a little massacre once in a while breaks the monotony.


  96. Evil Spaniard Says:

    Just a question, if torture, I mean, enhanced interrogation techniques work so fine, giving all sorts of useful information, why then not detain those wiretaped and then “interrogate” them in to learn all they know (including their Al Qaida phone contacts), and not simply wait one fortuituos call where some crumbs of information are thrown here and there, between the arab dialect, code words and language inconsistencies? This would be a superb method to obtain a lot of intelligence, isn’t it? Or maybe they are affraid of kidnap USA nationals and bringing them to Guantanamo? Why?

    As I see it, it’s a vicious circle motivated by the legally murky actions taken by this Administration. Having so many grey bussiness in hands, creates a lot of gaps and holes, and creates bigger difficulties than filling legal bureaucracy requirements properly.


  97. Briseadh na Faire Says:

    Spaniard,

    What we don’t know, and indeed may never know, is whether or not we have already “rendered” some whose calls have been monitored to a secret prison, or third country, to be “interrogated.”


  98. blue Says:

    FISA surveillances must have an intelligence purpose. 50 U.S.C. §1804 (a) (7)(B). But courts allow FISA-obtained information to be used in criminal trials. See, e.g., Exec. Order No. 12,333, 3 C.F.R. 200, 211 (1982), reprinted in 50 U.S.C. § 401 note (1994)

    (”the Executive Branch need not always obtain a warrant for foreign intelligence surveillance”), cert. denied, 454 U.S. 1144 (1982); United States v. Megahey, 553 F. Supp. 1180, 1189-90 (E.D.N.Y. 1982), aff’d sub nom. United States v. Duggan, 743 F.2d 59 (2d Cir. 1984).

    In a 2002 opinion about the constitutionality of the Foreign Intelligence Surveillance Act (FISA) and the USA Patriot Act, the court wrote: “We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.”

    In the Megahey litigation, the district court found that the phrase “primary purpose” is the guidepost for FISA-derived surveillance, given that “Congress clearly viewed arrest and criminal prosecution as one of the possible outcomes of a foreign intelligence investigation.” The Second Circuit agreed, noting that, it is foreseeable that collected intelligence may be used in a criminal proceeding and “Congress recognized that in many cases the concerns of government with respect for foreign intelligence will overlap with those with respect to law enforcement.” See also United States v. Johnson, 952 F.2d 565, 572 (1st Cir. 1991) (holding that the fact that the terrorist activity was directed at Northern Ireland was of no consequence to the legality of the FISA surveillance); United States v. Pelton, 835 F.2d 1067, 1076 (4th Cir. 1987) (concluding that “FISA surveillance is not tainted simply because the government can anticipate that the fruits of the surveillance may later be used… in a criminal trial”).

    “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 and that the president may, as he has done, delegate this authority to the attorney general,” Clinton Deputy Attorney General Jamie S. Gorelick said in 1994 testimony before the House Permanent Select Committee on Intelligence.
    That same authority, she added, pertains to electronic surveillance such as wiretaps.

    One of the most famous examples of warrantless searches in recent years was the investigation of CIA official Aldrich H. Ames, who ultimately pleaded guilty to spying for the former Soviet Union. That case was largely built upon secret searches of Ames’ home and office in 1993, conducted without federal warrants.
    In 1994, President Clinton expanded the use of warrantless searches to entirely domestic situations with no foreign intelligence value whatsoever. In a radio address promoting a crime-fighting bill, Mr. Clinton discussed a new policy to conduct warrantless searches in highly violent public housing projects.


  99. Evil Spaniard Says:

    #129 So your logic is as follows: Clinton did it, then was right for Bush to do it, and therefore, Bush did it. Well, who is the woman screwed by Bush? How many stained dresses has Condi in the closet?


  100. -=P=-.v001 Says:

    COming from a president who has said “I dont know where bin ladden is, I dont realy care”, and who is focusing ALL his efforts in IRAQ as opposed to Afghanistan, I find it hard to believe he gives a cr4ap about Al Qaeda… Meanwhile… there have eben documents released and news acrross the nation (small but news nonetheless) about law enforcment and fbi harassing peaceful protest groups and targeting them as “terrorists” wake up people!

    These guys want a police states, and they want to stop all of you from getting pissed or talking about it!


  101. Briseadh na Faire Says:

    Wooberstank,

    “I am familiar with the problems with prosecutions where investigations stem from initial disallowable evidence however they are unlikely to apply here.”

    You beg the question. The challenge posed by illegally obtained evidence does raise a substantial obstacle towards admitting any subsequently obtained evidence.

    “As for the 4th amendment is there actually anyone making a serious arguement that someone involved with terrorism has a right to privacy and freedom from unwarranted searches while acting as the agent of a foreign terrorist organisation?”

    I would make a serious argument that someone involved with terrorism has a right to privacy and freedom from unwarranted searches.

    You see, your question assumes certain facts. How do you know someone is “involved with terrorism?” If you do not know of a specific individual, do you then deny the right to privacy and commit unwarranted searches of all individuals? Of, for the sake of argument, let’s limit the search to someone contaced by a member of AlQaida, or by someone affiliated with AlQaida. That limit is illusory.

    For example, have you ever received an email from someone purporting to be from a foreign country, trying to con you into sending money with a promise of millions in return? Could that spam email have been sent by someone “affiliated with AlQaida? If so, then, my friend, you are now subjected to a warrantless search.

    “The two legal blogs I read both have the opinion that this violates FISA but probably not the constitution.”

    I read an article which described a Supreme Court case which said warrantless wiretapping does violate the 4th Amendment.

    However, the President does have a Constitutional duty to see that the laws are faithfully executed. So, when He violated FISA, He also violated the Constitution, 4th Amendment arguments notwithstanding.

    “That’s the problem with the “educated legal professionals” you refer to.”

    I wasn’t refering to educated legal professionals. I was asking you whether or not you had a legal education, as you were making legal assertions as to the admissibility of evidence.

    You seem to be quite intelligent, yet speak with an “us against them” perspective. I would show you a different path, if you are willing, and, open to the possibility that other perspectives are just as valid as the one you now hold.

    null


  102. blue Says:

    #130. I made no such claim that what one administration does makes it okay for another. why do you guys always assume such? I stated no opinion whatsoever. What I am claiming is that the courts have found that evidence found in such surveillance can be permitted in criminal cases (something other posters say can’t be done), and that prior administrations (Clinton, Carter)have argued, and, that the courts have found,that the executive has the inherent constitutional authority to perform warrentless searches for foreign intelligence / national security purposes.


  103. Evil Spaniard Says:

    #131 If the only reason you know suspect X exists is because Y called him from overseas on a flagged number then you don’t pull X out. You monitor who he contacts in the hope of dicovering suspects A B C D E F G H I K J L M N O P Q and R if they exist.

    Thanks, you have demonstrated my first point, the enhanced interrogation techniques aren’t so effective as the GOP wants to sell us.

    The problem that Judd has is that when people like Mohammed Atta make calls about “arranging a wedding” over the course of a couple of years he has the expectation that someone should be able to tell whether this justifies a wiretap within 72 hours when there is no indication any human is involved in the wiretap process at that point or that it can even be called a wiretap that the NSA knows the people who used the word “wedding” in overseas calls on a particular day.

    Wiretap begins when you press the “record” key. If the content of phone calls are recorded, they are, in fact, being wiretaped. And if you say that ALL CALLS (the ones of the 290 milion people living there? you know what are you saying?) within the USA are RECORDED from the 2001, I’m pretty sure that there is a lot of people that would demand (or anything worse) the whole WH for illegal wiretaping, beginning with the proud members of the NRA, the KKK, the telepreachers, the Scientology, the abortion clinic bombers…

    And, btw, a legal wiretapping only needs “credible evidence” to be authorized. If you have suspicions concerning a terrorist based in those evidence, you have a free ride with the FISA. Why doing things the illegal way, then? Atta, as a known member of Al Qaeda (it was), organization who attacked the USS Cole a few years before would have been monitored legally.


  104. mighty aphrodite Says:

    #20 - “Those that feel it’s ok to give up civil rights in this grand “war on terror” don’t deserve any civil rights”
    Comment by Mr. Tim -
    ****** WOW, my dear, Tim - Did you think that up all by yourself???

    A couple of observations:
    a.) those who do not believe we are in a clash between the West and fanatical barbarians are blissfully ignorant.
    b.) those who think history began the minute they were born are morons.
    c.) those who do not believe we have avoided another terror hit since 9/11 because of more stringent security measures are woefully stupid.
    d.) those who “feel” we can reason or accommodate radical Islamists are pathetically naive.


  105. mighty aphrodite Says:

    #20 - “Those that feel it’s ok to give up civil rights in this grand “war on terror” don’t deserve any civil rights”
    Comment by Mr. Tim -
    ****** WOW, my dear, Tim - Did you think that up all by yourself???

    A couple of observations:
    a.) those who do not believe we are in a clash between the West and fanatical barbarians are blissfully ignorant.
    b.) those who think history began the minute they were born are morons.
    c.) those who do not believe we have avoided another terror hit since 9/11 because of more stringent security measures are woefully stupid.
    d.) those who “feel” we can reason or accommodate radical Islamists are pathetically naive.


  106. kharma Says:

    #137 & 138

    e) Those who don’t know the difference between 1 click and 2 clicks belong to kindergarten and must grow to participate in adult’s blogs.


  107. The Truth Says:

    Blue,
    Are you being deliberately dishonest? Clinton argued they could conduct warrently PHYSICAL searches in the absence of A LAW that said otherwise. It was quite clear that FISA didn’t cover PHYSICAL searches. The Clinton administration argued it should. And the law was changed to cover such a warrentless PYSICAL search. BushCo is breaking that law. Deliberately. Such a brazen power grab by the executive branch shreds the constitution and endagers our democracy. Or perhaps you think we should have less democracy? Are you a Republican? That would explain it…


  108. ReidBlog Says:

    Comey don’t play that

    Newsweek digs deeper into the story of Ashcroft’ and his chief deputy James Comey’s discomfort with the NSA spying “program” and they don’t hedge on just how high Croftie was willing to let the eagle soar…


  109. Frankly, my dear, ... Says:

    Why not leave them where they are and just continue doing the same surveilence ? After all the entire issue is that this is being done to discover operatives in the US. If the only reason you know suspect X exists is because Y called him from overseas on a flagged number then you don’t pull X out. You monitor who he contacts in the hope of dicovering suspects A B C D E F G H I K J L M N O P Q and R if they exist.

    Yes, it sounds like a good plan doesn’t it. One has to wonder then, why the U.S. blew a certified al-Qaida agent working with Pakistani intelligence, Mohammed Naeem Noor Khan.

    The problem that Judd has is that when people like Mohammed Atta make calls about “arranging a wedding” over the course of a couple of years he has the expectation that someone should be able to tell whether this justifies a wiretap within 72 hours when there is no indication any human is involved in the wiretap process at that point or that it can even be called a wiretap that the NSA knows the people who used the word “wedding” in overseas calls on a particular day.

    The problem with this example is that people like Mohammed Atta are not “U.S. persons” as defined by FISA.
    People like Mohammed Atta can be kept under surveillance for up to a year without a warrant provided that the Attorney General certifies that “there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party.” So try making the point by substituting a U.S. person, say, Cindy Sheehan or Joe Wilson, for Mohammed Atta.


  110. kharma Says:

    #142 Thanks, you have demonstrated my first point, the enhanced interrogation techniques aren’t so effective as the GOP wants to sell us.
    Comment by Evil Spaniard — January 2, 2006 @ 2:59 pm

    Wiretap begins when you press the “record” key. If the content of phone calls are recorded, they are, in fact, being wiretaped. And if you say that ALL CALLS (the ones of the 290 milion people living there? you know what are you saying?)

    I didn’t say that though. If you’d asked me I would have referred you to a figure of 3 billion communications per day as widely quoted. And yes gosh isn’t that a lot more than the 300m figure you thought was over the top. More than 1000 times more if all US citizens only made 1 call or email a year.

    You want to wiretap suspects with no evidence, and all their communnications outside and inside the USA. So, if a given suspect call his imam for religious counsel, you will wiretap the suspect and his imam. So the imam becomes a suspect, also. The imam talks to a lot of people and directs worshipping, so a lot of people who talks to the imam becomes suspect. They are people with non muslim friends and coworkers, so they phone or email them. Soon, the whole population of the USA, the Middle East and many more, will become monitored. As you see, I’m not so far of the true number of possible illegal wiretaps.

    At this point you certainly realise that you actually don’t know what it is you are talking about and the preconceptions your opinions were based on are wrong. That’s a pretty good reason to stop posting and spend that time considering just how well ThinkProgress has informed you of the issue they have posted 20 articles on.

    Please, provide other links, especially those who enlighten you so much.

    And, btw, a legal wiretapping only needs “credible evidence” to be authorized. If you have suspicions concerning a terrorist based in those evidence, you have a free ride with the FISA.

    And if you are not a person but a computer with no concept of what a “suspicion” is but are instead searching for usage of keywords over the course of months as a way to establish patterns worth investigating ?

    Some questions: who instructed this computer to begin the recording, and who introduced the list of SUSPECTS? So you want to let a computer alone handle the law? And, if you drive a car and you run over a couple people, who’s guilty? You? Your car? General Motors?

    Why doing things the illegal way, then? Atta, as a known member of Al Qaeda (it was), organization who attacked the USS Cole a few years before would have been monitored legally.

    There’s about 5 ways that question makes no sense.

    I’m very patient, write them down, and I will refute them.


  111. blue Says:

    #140. Dishonest? The Clinton administration’s argument was that the inherent executive authority INCLUDED ELECTRONIC SURVEILLANCE.

    in addition: 2002 government appeal of FISA court restrictions on electronic surveillance

    UNITED STATES FOREIGN INTELLIGENCE
    SURVEILLANCE COURT OF REVIEW

    _______________________

    Argued September 9, 2002 Decided November 18, 2002

    Per Curiam: This is the first appeal from the Foreign Intelligence Surveillance Court to the Court of Review since the passage of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. §§ 1801-1862 (West 1991 and Supp. 2002), in 1978. This appeal is brought by the United States from a FISA court surveillance order which imposed certain restrictions on the government. Since the government is the only party to FISA proceedings, we have accepted briefs filed by the American Civil Liberties Union (ACLU)1 and the National Association of Criminal Defense Lawyers (NACDL) as amici curiae.

    Not surprisingly this case raises important questions of statutory interpretation, and constitutionality. After a careful review of the briefs filed by the government and amici, we conclude that FISA, as amended by the Patriot Act,2 supports the government’s position, and that the restrictions imposed by the FISA court are not required by FISA or the Constitution. We therefore remand for further proceedings in accordance with this opinion.

    The court’s decision from which the government appeals imposed certain requirements and limitations accompanying an order authorizing electronic surveillance of an “agent of a foreign power” as defined in FISA. There is no disagreement between the government and the FISA court as to the propriety of