Re: The Cinco De Mayo LOS RANGERS

On Mon, 22 May 2006 14:52:48 -0700, miguel <mjcone0one@xxxxxxxxxx>
wrote:

lanman wrote:
"smacdo" wrote:
lanman wrote:

The President has followed the law AS INTERPRETED BY LEGAL EXPERTS.

So he didn't follow the law...he interpreted the law (in conjunction
with specially selected legal experts).

I believe he followed the law. I agree he interpreted the law to favor
his initiatives to stop terrorism. I wouldn't want it any other way.

You do agree that it's possible for laws to be ambiguous, don't you?
(That means laws can be interpreted in more than one way, in case you
need help.)

You are the one who needs help, evidently. In order for ambiguity to
exist in a statute or contractual provision, there must be more than one
reasonable interpretation that can be derived from the text itself.

You have an intuitive grasp of the obvious.


Only
then can extrinsic evidence be considered as a guide to intent, which in
the case of a statute would be legislative history, and in the case of a
contract extrinsic evidence such as oral representations and evidence of
negotiation history.

The FISA argument being made is (1) it impinges on Article II powers and
(2) it is subject to the AUMF. Neither of these arguments involve any
kind of ambiguity. Instead, they attempt to negate its plain language by
invoking chicken little. Don't you think that if they had any
confidence in their legal reasoning they'd be willing to submit it to FISC?


I believe the people responsible for the wiretaps got lazy and
bypassed what amounted to a rubber stamped formality. The reason I
don't believe they were attempting anything sneaky is because they
were regularly advising Democratic members of Congress about what they
were doing - a technicality, if you will. It's a bit odd that you
don't want to give Bush and company the same presumption of innocence
or due process that you want terrorists to have. I wouldn't, but some
might say you're a hypocrite.


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