Re: Domestic Spying and FISA



On Thu, 02 Feb 2006 19:14:25 -0800, OrionCA <OrionCA@xxxxxxxxxxxxx>
wrote:

On 2 Feb 2006 18:19:31 -0800, "Joe Attardi" <jattardi@xxxxxxxxx>
wrote:

Earlier, I was accused of being anti-American because I explained the
reasoning behind my opinion that the wiretapping performed by the NSA
on Bush's authorization, which targeted, among others, American
citizens, was a clear violation of the Foreign Intelligence
Surveillance Act.

The relevant portions, for my argument, are located in 50 U.S.C.
Section 1802:
http://www4.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001802----000-.html

Now, I am not a lawyer. So I may very well be mis-interpreting the law.
If I am wrong, or you disagree with me, please tell me how this law
does not apply.

A somewhat more relevant source:

Article 2: Section 2. "The President shall be commander in chief of
the Army and Navy of the United States, and of the militia of the
several states, when called into the actual service of the United
States; he may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject
relating to the duties of their respective offices, and he shall have
power to grant reprieves and pardons for offenses against the United
States, except in cases of impeachment. "

Congress cannot limit the President's powers as Commander in Chief of
the armed forces. When Jimmy Carter signed FISA into law he made the
same qualifier as Reagan, Bush 41, Clinton, and now Bush 43: In time
of war against the enemies of the United States the President can
ignore FISA. It's ridiculous to even argue that the President can't
eavesdrop on conversations between enemy combatants w/o getting a
warrant first. He's not trying to PROSECUTE them; he's trying to KILL
them.



A somewhat more relevant source:

Ein Volk. Ein Reich. Ein Führer.



Furthermore, I would like to hear, if possible, an actual verifiable
reason why I am, apparently, anti-American.

Article III, Section 3: "Section 3. Treason against the United
States, shall consist only in levying war against them, or in adhering
to their enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court."

"adhering to their enemies, giving them aid and comfort" seems to
cover it.
--
"Even as the Times defended Echelon as "a necessity"
in 1999, evidence already existed that the Clintonites
had misused electronic surveillance for political
purposes. Intelligence officials told Insight magazine
in 1997 that they had spied on a 1993 conference of
Asian and Pacific world leaders in Seattle hosted by
Clinton and some of that information was passed on to
big Democratic corporate donors for use against their
competitors."

http://www.nypost.com/postopinion/opedcolumnists/60314.htm

.



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