Bush Haters and FISA

Discussion in 'Politics' started by OldRegular, Jan 16, 2009.

  1. OldRegular

    OldRegular
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    The Bush haters are apparently getting their comeuppance.

    http://www.prisonplanet.com/intelligence-court-rules-wiretapping-power-legal.html

    Intelligence Court Rules Wiretapping Power Legal

    ERIC LICHTBLAU
    NY Times
    Thursday, Jan 15, 2009
    A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans’ private communications may be involved, according to a person with knowledge of the opinion.

    The court decision, made in December by the Foreign Intelligence Surveillance Court of Review, is expected to be disclosed as early as Thursday in an unclassified, redacted form, the person said. The review court has issued only two other rulings in its 30-year history.The decision marks the first time since the disclosure of the National Security Agency’s warrantless eavesdropping program three years ago that an appellate court has addressed the constitutionality of the federal government’s wiretapping powers. In validating the government’s wide authority to collect foreign intelligence, it may offer legal credence to the Bush administration’s repeated assertions that the president has constitutional authority to act without specific court approval in ordering national security eavesdropping.

    The appeals court is expected to uphold a secret ruling issued last year by the intelligence court that it oversees, known as the Foreign Intelligence Surveillance, or FISA, court. In that initial opinion, the secret court found that Congress had acted within its authority in August of 2007 when it passed a hotly debated law known as the Protect America Act, which gave the executive branch broad power to eavesdrop on international communications, according to the person familiar with the ruling.

    The Justice Department declined to comment on the matter; so did a spokesman for the FISA and appeals courts.
     
  2. KenH

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    "The judges, who are assigned to the court by the chief justice of the United States, concluded that the government's protections and restrictions included in the 2007 procedures were appropriate. "Our decision recognizes that where the government has instituted several layers of serviceable safeguards to protect individuals against unwarranted harms and to minimize incidental intrusions, its efforts to protect national security should not be frustrated by the courts," Selya wrote in the 29-page opinion.

    He added that requiring a warrant in such cases would probably "hinder the government's ability to collect time-sensitive information and, thus, would impede the vital national security interests that are at stake."

    A Justice Department statement about the ruling called it "important" because it upheld the legality of Bush administration surveillance directives in 2007.

    But independent experts said it is unclear whether the ruling would have a broader effect. The case involved the Protect America Act, a surveillance law that Congress has since altered. The court also declared that its review addressed only how the law was applied in 2007, not its underlying constitutionality.

    Since then, Congress has approved new foreign intelligence surveillance legislation. It does not require, for example, that agencies have "probable cause" to believe that the person being targeted is a foreign agent, but instead allows more wide-ranging surveillance. It also does not limit the intelligence-gathering to a 90-day period, as previously required."

    - rest at www.washingtonpost.com/wp-dyn/content/article/2009/01/15/AR2009011502311.html?hpid=topnews
     
  3. billwald

    billwald
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    You all happy that this list and all your email is vetted by the NSA?

    You all happy that evidence obtained in illegal arrests is admissible in court? Want me to explain how that works?
     
  4. hillclimber1

    hillclimber1
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    not really.

    I would like you to.
     
  5. OldRegular

    OldRegular
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    Since you are mouthing off you owe an explanation!:smilewinkgrin:
     
  6. billwald

    billwald
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    Say some snitch tells local police officer that you are growing pot in your living room. he can't get a warrant, so he goes to a phone booth and calls 911, saying that it sounds like a woman is getting raped in your house. The officer gets the call and kicks in your front door to save the woman.
    He sees the plant and seizes your house which is auctioned off and the city keeps the money.

    Say The officer has a good warrant for your neighbor's house and kicks in your door. You think it is a home invasion robbery and take a shot at the robber. Who goes to jail?

    Say you are stopped for being black in Bill Gates' neighborhood and you have several cases of untaxed booze (purchased out of state) in the trunk of your car. You go to jail for bootlegging.

    Most illegal searches are made because the officer is to lazy to do it the right way.
     
  7. OldRegular

    OldRegular
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    Happens to me all the time!:thumbs: :smilewinkgrin::tonofbricks: :sleeping_2:
     
  8. Magnetic Poles

    Magnetic Poles
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    [​IMG]
     
  9. windcatcher

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    My concern is that surveillance and searchs may be done for reasons of creed or politics, if government and LEO is given unbridled power.

    ..... and connected to billwald's post, the courts recently passed on a case that concerned criminal evidence gathered 'in good faith' searchs such as mistaken or transposing address in a warrant.... that it (evidence) could be allowed to prosecute a party though wrongfully searched.

    And, under the 'patriot act' suspected 'terrorist' may be incarcerated and held for trial without knowing the extent of charges, or facing their accusers ('classified' or undercover), and evidence which may be accepted by the court as classified kept from the eyes or discovery of evidence and statements normally allowed the defense to defend the accused. What a potential mess this makes of our rights for the sake of security...... which has the potential for abuse.

    My question is: By what authority of law or in the constitution is the 'federal intelligence court' established? What are the provisions for appeal? Under whoes jurisdiction does it serve?
     
  10. carpro

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    http://www.nytimes.com/2009/01/16/washington/16fisa.html?_r=2


     

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