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NSA warrantless wiretapping unconstitional

Discussion in 'Fred's House of Pancakes' started by jtullos, Aug 17, 2006.

  1. jtullos

    jtullos New Member

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    NSA eavesdropping program ruled unconstitutional
     
  2. Godiva

    Godiva AmeriKan Citizen

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    So what?

    It will just go to the Supreme Court where they'll say it's OK.
     
  3. jimmyrose

    jimmyrose Member

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    <div class='quotetop'>QUOTE(Godiva @ Aug 17 2006, 02:06 PM) [snapback]304759[/snapback]</div>
    I would be better if nothing were done?
     
  4. jmccord

    jmccord New Member

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    Speak a little closer to the microphone please. :p
     
  5. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(Godiva @ Aug 17 2006, 02:06 PM) [snapback]304759[/snapback]</div>
    Maybe not. If the cite "foreign law" as they have recently (to my great dismay) they will certainly overthrow this decision.

    I am curious why the ACLU chose this judge to hear the case? She is a Carter appointee, card carrying member of the ACLU, and decidedly liberal. She attempted to re-direct an affirmative action case involving the U of Mich a short while ago away from another judge.

    I am concerned that she has overlooked the real issues of the case (i have not read her decision) that I believe have been argued before in front of other numerous courts, all of which have found in favor of this program of eavesdropping on INTERNATIONAL calls placed by persons with known terror ties. It is my sincerest hope that our security agencies continue to look out for our mutual safety and security until this decision can be moved up to a more independant jurist(s).

    Believe it or not there are still people out there trying to kill us. We need to rewrite the current laws guiding our governments procedures on international and national calls - that should be done while the current programs are running so we do not leave ourselves totally defenseless. I do not think anyone would disagree with that - or I would hope not.

    Our laws/guidlines that are currently on the books are not designed for this current conflict and need to be updated - this should be done post-haste and done while we have are current guards up and active.
     
  6. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(jtullos @ Aug 17 2006, 01:45 PM) [snapback]304752[/snapback]</div> I am actually stunned by this decision. We now cannot listen in on international call being made by those with ties to terror (including those from Iran, Syria, Lebanon), we can no longer track international (non-US based) financial transaction (thanks to the NY Times), the NSA data mining progam is now front page NY Times, we have granted terrorists habeus corpis rights (Hamden vs. Rumsfeld)....

    Are we all asleep at the wheel here?
     
  7. jmccord

    jmccord New Member

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    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 02:11 PM) [snapback]304797[/snapback]</div>
    I disagree. Well, sort of.
    I think there should be more emphasis on changing our arrogant attitude and U.S. foriegn policy. Instead of blast walls, wiretaps, and anti-terrorism force protection (which, in the long run, can never be truly effecdtive), why not take a closer look at why other groups hate us, and try real international diplomacy (spelled understanding, compassion, and compromise) ? :huh:

    I, for one, believe we can do a lot better on this front, and that the alternative is unthinkable.
     
  8. JackDodge

    JackDodge Gold Member

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    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 03:22 PM) [snapback]304801[/snapback]</div>
    naw, only the rightards who put those chuckleheads in the white house to begin with. ;)
     
  9. jtullos

    jtullos New Member

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    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 12:11 PM) [snapback]304797[/snapback]</div>
    What do you see as the real issue here? As far as I'm concerned, the real issue is that the wiretapping occurred without a warrant. The wiretapping is fine by me, as long as it is done legally. And an "emergency" wiretap can be performed without a warrant as long as a warrant is obtained after the fact within a certain period of time (48 hours for most, exceptions for specific situations up to 1 year if approved by the AG). The other issue is that Bush is overstepping separation of powers and violating the Constitution, which last time I checked he took an oath to uphold. Part of that whole being president thing. I don't care if the NSA wants to listen in on my phone calls, but do it legally.

    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 12:22 PM) [snapback]304801[/snapback]</div>
    As I said, we can still listen in on calls. Just get a warrant. That's all. Usually, even the "emergency" wiretap warrants are granted, unless something is done horribly wrong.
     
  10. Sufferin' Prius Envy

    Sufferin' Prius Envy Platinum Member

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    <div class='quotetop'>QUOTE(Godiva @ Aug 17 2006, 11:06 AM) [snapback]304759[/snapback]</div>
    So what?
    Another liberal activist judge makes a ruling siding with the ACLU. Yawn.

    This one won't be heard by the Supreme Court. It will quickly be overturned by the 6th Circuit Court of Appeals, the ACLU will ask for an appeal, and the Supreme Court will ignore it and let it stand.

    Whahhhhh, Whaaaaahh
    , the big bad NSA is listening in on terrorists' phone calls into the US. They are reading terrorists' emails . . . . shame on them . . . don't they have any moral decency . . . don't they know it's not nice to eavesdrop . . . haven't their mothers taught them it's best to just ignore the people they don't like? Whaaah, Whaaaaah, Whaaaaah.
     
  11. Proco

    Proco Senior Member

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    <div class='quotetop'>QUOTE(Sufferin' Prius Envy @ Aug 17 2006, 03:28 PM) [snapback]304808[/snapback]</div>
    And, according to MSNBC, also makes a ruling against the ACLU.
    So does this make the judge an "activist" or "fair & balanced"? :)
     
  12. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(jmccord @ Aug 17 2006, 03:23 PM) [snapback]304803[/snapback]</div>
    So we should not try to protect ourselves why we continue trying your plan -

    note to author - 1900's -2001 tried to play nice with people who live in dessert on top of large oil reserves who do not allow other religions in their land who partnered with Hitler --

    -- built their oil infrastructure, provided them with riches beyond their imagination, stayed away and out of their politics.

    -- people will always hate us -- not my problem unless they try to kill me

    Tojo hated us
    Hitler too
    Stalin also
    Castro too

    Why did they hate us?

    What international diplomacy do you think they want not to hate us ?????????????????????????????????

    Anything in your mind that suggests something funny going on since all that hate us also hate and suppress their own people? That they have no truly free press or freedom of religion.

    And what brought them to perform 9/11. We tried your plan for the EIGHT years between WTC I (1993 when only 6 innocent Americans were killed and over 1,000 innocent Americans were injured) and WTCII(9/11). Any thoughts about that??
     
  13. Sufferin' Prius Envy

    Sufferin' Prius Envy Platinum Member

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    Plaintiffs included branches of the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the Washington and Detroit branches of the Council on American-Islamic Relations and Greenpeace.
    [CNN story linked above]

    Greenpeace??? Damnit Jim! I didn't know whales were being harmed as part of this secret NSA program! :eek: :huh: :lol:
     
  14. efusco

    efusco Moderator Emeritus
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    Ok all you chicken littles out there.....
    1)The issue is "warrantless" wiretaps. We need to uphold our constitutional rights to privacy via the system of checks and balances. Undue power toward one branch (executive in this case) is what is the issue.
    2)I still want to listen in to terrorist phone calls with LEGAL wiretaps with an appropriate warrent obtained from a judge at the request of the executive branch...this is how checks and balances works.
    3)This will not put us at greater risk. This will not slow the process...under current law the executive branch has 48 hours (someone check that, it may be 72) AFTER starting a wire tap to obtain their warrant.
    4)This DOES preserve our freedoms and all the fear mongering that we're all going to die and lives will be lost are silly. What we want is to maintain the laws of our country and not have one branch run away with thier powers unchecked.
     
  15. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(Proco @ Aug 17 2006, 03:37 PM) [snapback]304816[/snapback]</div>
    Activist. Why did the ACLU seek her out. Funny where she lives too.

    She has now placed in jeopardy 300,000,000 American lives. Cool. One ding-dong. She could have done a lot of other things besides going for the home run ball.

    Her decision does not bother you?

    <div class='quotetop'>QUOTE(jtullos @ Aug 17 2006, 03:26 PM) [snapback]304806[/snapback]</div>
    International calls do not apply. There are no constitutional guarantees to foreigners making calls into or receiving calls from the US. Those are the ones I would be MOST interested in.

    I agree with the legal hoops that must be jumped through - I think FISA has to be updated from when it was first written over 30 years ago and special attention has to be paid to the potential of throw away cellphones and other advanced technology. Additionally the process has to be streamline to allow us to process each request with the least amount of red-tape/procedure that with FISA can take hours if not days per application. The volume of calls has to be appreciated here and the amount of manpower that would be required, noted.

    In either case, I opt for security and safety.
     
  16. TonyPSchaefer

    TonyPSchaefer Your Friendly Moderator
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    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 02:11 PM) [snapback]304797[/snapback]</div>
    I can agree with you on that point.

    But here's my problem with the whole mess. "There were already laws in place." Writing new laws does not guarentee that the next administration - or the one after that - will simply disregard them. If that person - or administration - happens to be Democratic and more liberal than you prefer you will be right back here screaming that they disregarded the law.

    I'm not attacking or slinging anything. I'm just saying that there are laws in place in this country. Those laws were established for everyone to obey, regardless of who you are or your intent. Giving someone the ability to disregard laws and then rewarding them for doing so and backing it up with a national "fugetaboutit" only reinforces the action and increases the likelihood that it will happen again.

    Trust me on this one, if Bill Clinton or any other Democrat had done the same thing I would still be up in arms. The law is the law and I do not vote on party lines.
     
  17. Proco

    Proco Senior Member

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    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 03:47 PM) [snapback]304829[/snapback]</div>
    So the only way she's not an activist judge is if she had thrown out both cases? Or is she an activist judge simply because she's a Carter appointee? i don't suppose it's possible she actually made a decision based on the arguments presented to her.

    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 03:47 PM) [snapback]304829[/snapback]</div>
    No, it doesn't. As previous posters mentioned, this doesn't eliminate all wiretaps. Just warrantless ones. Tap away, but do it in accordance with the law that's in place. If the law needs to be changes, then that's congress's job (unless I was asleep during Civics class).

    I didn't realize that illegal wiretaps were required to keep Americans safe.
     
  18. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(Proco @ Aug 17 2006, 04:02 PM) [snapback]304836[/snapback]</div>
    let me mention again - INTERNATIONAL CALLS -- NOT DOMESTIC
    what did your civics class teach you about those types of calls?

    and if the laws need changing, than do so while our defenses are up - NOT down.

    and yes, if a certain judge is sought out by the aclu to hear their case, i will assume they will choose a liberal activist judge rather than a conservative judge - no?? Your law classes teach you that when defending your client to seek a judge that would be disadvantagious to you/your client?
     
  19. jtullos

    jtullos New Member

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    <div class='quotetop'>QUOTE(efusco @ Aug 17 2006, 12:46 PM) [snapback]304826[/snapback]</div>
    Checking for specifics, it's 48 hours under Title III. Period. Under FISA, it's 15 days after a Congressional Declaration of War, 1 year on certification by the Attorney General, and 72 hours otherwise. Title III applies to domestic, FISA is for international.

    <div class='quotetop'>QUOTE(dbermanmd @ Aug 17 2006, 12:53 PM) [snapback]304829[/snapback]</div>
    Wrong. International calls are SPECIFICALLY what FISA addresses. And as for the Constitution, it doesn't matter if the call is into or out of the U.S., there is a U.S. citizen involved, and the rights of that citizen are defined by the constitution. The rights of the foreigner involved in the call are irrelevant for the Constitution, which is why FISA was implemented.
     
  20. dbermanmd

    dbermanmd New Member

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    <div class='quotetop'>QUOTE(efusco @ Aug 17 2006, 03:46 PM) [snapback]304826[/snapback]</div>
    What part of International are we not understanding here. Foreigners are not granted the rights and liberties Americans are - especially if they are on a terrorist list.