Sunday, December 18, 2005

Righty blog's bullshit spin finds willing linkers..

A purposefully dishonest right-wing blog misquotes FISA's statute in order to propagate the meme that Bush's spying on citizens is legal. read on


More analysis of the illegality here Essentially its on FISA, the 4th Amendment, and 'probable cause'.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

But the real question is, is the 4th something thats expendable? Something you trade away when the going gets a little tough? And that's a 'first principles' question - meaning that every citizen needs to ask it of themselves first.


Much of Condi's shaky, flailing appearance on Russert is total BS. First she hides behind the 9/11 intelligence commission findings, when the 'seam' she describes can be addressed completely while complying with FISA in the first place. Then she claims that FISA was created to deal with Cold War realites rather than post-9/11 ones, and that to act immediately Bush couldn't wait for the FISA judges to review probable cause. But Jane Hamsher shows why this is flat-out wrong.

"FISA provisions already provide for emergency surveillance measures. Under 36 USC 1805, the Attorney General may authorize emergency surveillance (including wiretapping and other regulated surveillance methods) for up to 72 hours, so long as application for approval by the FISA supervisory court is made before that time expires. The Administration already had all the emergency measures it needed to do surveillance without illegal encroachment on American civil liberties."

That means that all they needed was the AG's authorization, which would be immediate and perfunctory in real-world circumstances. They didn't have to go to the secret FISA judges for approval until after the tap was in place!

What possible reason could Bush have for authorizing an end run around FISA? Gee. No idea. Could they have something to hide?

Bullshit, Bullshit, Bullshit.

8 Thoughts:

Blogger Doug said...

Nicely put. These surface bleatings of the supposedly "conservative" are bullshit cover for their theocratic or full-spectrum-dominance ends.

Any means justify those ends, apparently, and the hypocrisy is sky-high.

Sunday, December 18, 2005 2:22:00 PM  
Blogger Demotiki said...


Sunday, December 18, 2005 6:27:00 PM  
Blogger pawlr said...

An interesting legal analysis of the scandal on dailykos. A good read for the legally-aware and legally-challenged alike.

Sunday, December 18, 2005 8:44:00 PM  
Blogger pawlr said...

Is there also a Bolton connection?

Apparently back in April, it came out in Bolton's confirmation hearings that he used his State Dept. connections to obtain details about NSA intercepts of AMERICAN OFFICIALS.

When asked why he needed the info, here's his response:

Mr. Bolton told the committee that his only motivation had been "to better understand" a summary of an intercepted conversation, saying that on some occasions, "it's important to find out who is saying what to whom."

it SURE is. . .

Sunday, December 18, 2005 9:03:00 PM  
Blogger pawlr said...

More on the Bolton connection back from 4/05:

A quote from 'Someone close to the investigation' (yeah, I know, I know):

"Bolton was running his own counterintelligence operation, was using the intelligence to figure out how he can get back at people." That would be against US officials. In the tradition of J. Edgar Hoover. I doubt this is behavior even Republican Senators are going to consider legitimate or tolerable, when they learn the details.

Sunday, December 18, 2005 9:07:00 PM  
Blogger Demotiki said...

I already posted on the Bolton connection, but great. He should never have been confirmed after they discovered that he was spying on AMERICAN officials. First of all, he never explained how he got the NSA intercepts in the first place. They were supposed to be top secret.

I'll read up on your links, thanks. Off to take Property.

Monday, December 19, 2005 7:10:00 AM  
Blogger Doug said...

Condi is so full of shit is unbelievable. Same bullshit. Perhaps if she could dislodge her tongue from the president's ass, she might be able to see that there is no reason for this at all.

Monday, December 19, 2005 8:33:00 AM  
Blogger Doug said...

So the talking point is: "gap"; "gulf"; "looking inward/outward".

Has absolutely nothing to do with the point: there was no reason to do this even if you forget the Constitution; it's unconstitutional; it's probably illegal.

Trying to push this onto the Congress is hilarious.

This is impeachable. Dems have to take the House in 2006, and/or get enough Republicans to join in bringing articles of impeachment.

Here's the permalink for the Condi stuff, btw.

Monday, December 19, 2005 8:41:00 AM  

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