Thursday, August 02, 2007
Secret Court Strikes Down Bush NSA Program, Leading to Latest Fuss About FISA
You probably didn't know it, but about three or four months ago, the secret FISA Court held illegal parts of the Bush Administration's surveillance practices. We've only learned this now as a result of the recent flurry of activity to amend FISA before the August recess.
How much "oversight" did Congress have over the broken Japanese codes during WWII? You people have no idea how to defend a country, do you?
From the previous thread:
I'm just grateful these Dems were not in charge during WWII -- can you imagine, Bart, the damage they would have done? They would have prevented Yamamoto from being killed because no warrants were issued in that case either!!!
It is stunning to note the 180 degree difference between the icon Dem of last century - FDR - and a sample of today's castrati Dems - Obama.
When the Elephant President Bush adopts the tactics of FDR, he is called a fascist by Dems like Obama.
How far a once mighty party has fallen.
Professor Balkin: Republicans on the Hill have argued that the Attorney General should make the determination whether the targets are "likely" overseas (and perhaps whether there are a significant number of U.S. contacts-- this was not clear). This proposal is a nonstarter for the Democrats, for obvious reasons.
This should be a non-starter for both parties, which is to say, this shouldn't be a partisan issue. No responsible jurist or legislator would suggest changing the burden of proof in criminal cases to "preponderance of the evidence" nor undo the rebuttable presumption of innocence. Neither can any responsible legislator or executive or jurist argue for wholesale governmental intrusions into private communication of citizens, nor for a combination of sham burdens and presumptions which give the government a free pass for such intrusions. In all such cases the likelihood of eventual governmental abuse is too great, no matter which party happens to hold sway at the moment.
Those who don't fear eventual government abuse typically fall into one of two categories: a) The "it can't happen here" crowd, which believes we are categorically the "good guys" and which insists on viewing Nixon and cointelpro and the Red scares as isolated incidents from their history books, and b) the "if it happens here it'll only happen to 'them', those bad people who aren't like me" crowd. Neither position is tenable upon serious reflection.
From a political viewpoint, it looks like the Bushies were too cute by half.
It appears that Justice found a compliant FISA judge and thought that they had out maneuvered the civil suits seeking discovery on the TSP and the Dems in Congress by placing the NSA program under the FISC. However, another far more aggressive judge has rotated into the FISC and hamstrung parts of our NSA foreign intelligence gathering.
That is what happens when the President concedes his CiC power to direct foreign intelligence gathering to the courts. From a political standpoint, Bush cannot easily withdraw the TSP again from the FISC. NSA's only hope is that Mr. Bush can politically blackmail the congressional Dems into reversing this facially ridiculous FISC decision.
Apparently you don't know how to defend a country either,Charles,since you're over here commenting obsessively instead of over there fighting for our freedom.
What should make this development at the FISC particularly galling for Justice is that they did not need to place the TSP under the FISC in the first instance to avoid the courts ordering disclosure of top secret materials in civil suit discovery because the 6th Circuit threw out the only adverse decision on standing grounds.
The Executive should have stood by its original principles. Now the country is paying the price.
Now the country is paying the price.
# posted by Bart DePalma : 9:52 AM
What price are you talking about?
That's right, Bart. Bush should have just gone the whole way and interned every Arab-American under existing Supreme Court precedent.
I'm glad comments are open so we can see all the bed-wetting hysteria on display. Truly valuable stuff.
Charles,watch out,behind you-it's a Negro-a Detroit Negro!And he's got an Arab from Dearborn with him!