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So you changed your position because the guy in the White House changed. We understand.

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 Originally Posted By: the G-man of Zur-En-Arrh
So you changed your position because the guy in the White House changed. We understand.


No your being stupidly partisan. What is or isn't legal isn't based on what I think should be.


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At least there is finally a leftists admitting that to the Constitution is meaningless.

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 Originally Posted By: Matter-eater Man
 Originally Posted By: the G-man of Zur-En-Arrh
So you changed your position because the guy in the White House changed. We understand.


No your being stupidly partisan. What is or isn't legal isn't based on what I think should be.


When Bush was President you kept going on and on about how it was unconstitutional and, therefore, the president needed to be investigated for potentially illegal activity.

Now that Obama's President you still think it's unconstitutional but claim it's legal and therefore no investigation is required.

In both cases you claim it's unconstitutional but your reaction to that is different depending on the occupant of the White House and his party affiliation.

Ergo, you're the one being partisan.

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 Originally Posted By: the G-man of Zur-En-Arrh
 Originally Posted By: Matter-eater Man
 Originally Posted By: the G-man of Zur-En-Arrh
So you changed your position because the guy in the White House changed. We understand.


No your being stupidly partisan. What is or isn't legal isn't based on what I think should be.


When Bush was President you kept going on and on about how it was unconstitutional and, therefore, the president needed to be investigated for potentially illegal activity.

Now that Obama's President you still think it's unconstitutional but claim it's legal and therefore no investigation is required.

In both cases you claim it's unconstitutional but your reaction to that is different depending on the occupant of the White House and his party affiliation.

Ergo, you're the one being partisan.


Your leaving out the part where the FISA law was revised while Bush was President. When that happened he had legallity on his side. Granted it was towards the end of his term but he still was very happy to get it. You pretend there wasn't any huge changes made to the wiretap law but there was.


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 Quote:
Your leaving out the part where the FISA law was revised...


Funny. I didn't know they amended the constitution during Bush's term. You would have thought the media would have reported that a little more extensively, given how uncommon a constitutional amendment is.

Make up your mind. Either the wiretapping is unconstitutional or it isn't.

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 Originally Posted By: the G-man of Zur-En-Arrh
 Quote:
Your leaving out the part where the FISA law was revised...


Funny. I didn't know they amended the constitution during Bush's term. You would have thought the media would have reported that a little more extensively, given how uncommon a constitutional amendment is.

Make up your mind. Either the wiretapping is unconstitutional or it isn't.


Your still being stupidly partisan. I didn't change my stance that I think it's unconstitutional but what I think doesn't somehow make something illegal. It just means I think it should be illegal.

The revised FISA laws that broadened the governments wiretapping powers means what to you? Did it give the government more legal wiggle room or not?


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 Originally Posted By: Matter-eater Man

You['re] still being stupidly partisan.



Gman position: legal under Bush; legal under Obama
MEM position: unconstitutional and illegal under Bush and investigation necessary; legal under Obama and no investigation necessary.

I think the record speaks for itself.

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if you oppose the Obamassiah youre partisan.

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 Originally Posted By: Matter-eater Man
...

Your still being stupidly partisan. I didn't change my stance that I think it's unconstitutional but what I think doesn't somehow make something illegal. It just means I think it should be illegal.

The revised FISA laws that broadened the governments wiretapping powers means what to you? Did it give the government more legal wiggle room or not?


Answer the question please.


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 Quote:
...and then, when they came for Jane Harman...
Category: Politics
Posted on: April 22, 2009 11:56 AM, by Mike Dunford

Unless you've been asleep for the last couple of days, you've probably heard that our government apparently wiretapped a member of Congress a few years back. According to the reports, the National Security Agency captured Representative Jane Harman (D-CA) engaging in a quid-pro-quo agreement with a pro-Israeli lobbyist where Harman would try to get the government to go easy on some accused Israeli spies, while the lobbyist would work to get Harman appointed to chair the Intelligence Committee.

Harman has vigorously denied the reports, and there's been a great deal of speculation about the timing of the leaks, who they were intended to embarrass, and what message sits behind them. As interesting as all that may be - and as important as it is to find out - that's not what I'd like to look at right now.

Today, Harman is "outraged" at the "abuse of power" that occurred when the NSA wiretapped her. She's "very disappointed" that her country "could have permitted ... a gross abuse of power in recent years". It's a damn good thing that I put my coffee down right before I read that last bit. Two seconds earlier, there would have been a hell of a spit-take.

Excuse me, Congresswoman, but you're very disappointed that your country could have permitted such a thing? You're disappointed??? You bloody nincompoop, you were one of the people who wanted to permit this sort of thing. Did you forget, or did you just think we did? Let's review:

Back on 30 December, 2005 - that's right around the time that she was allegedly being wiretapped - Harman was upset about the New York Times decision to reveal the existence of the NSA's domestic surveillance program:

While Harman, of California, said she believes broader oversight is needed of the NSA program, "its disclosure has damaged critical intelligence capabilities."
A few days later, she described the program as "essential to national security".

In February of 2006, Harman thought that it was "tragic" that we were learning about the scope of the surveillance program in the newspapers:

HARMAN: Not extremely accurate. The most early -- now it can be said, now that attorney general Gonzales has said this is not a domestic-to-domestic program. The early reports by The New York Times, to which this program, the facts of this program or the existence was leaked, were inaccurate because that's what they claimed it was. And that is, according to our attorney general, that is not what it was.

ANGLE: And you're comfortable with that?

HARMAN: I'm comfortable with that. As I've said, I support the foreign collection program on which I have been briefed and I don't want to amplify that comment but I think you get the point of my comment. So I'm comfortable with that. But there are ongoing leaks and I felt then and I feel now that these leaks are compromising some core capability of the United States. It's tragic that this whole thing is being aired in the newspapers.
Around the same time, but on a different television program, she "deplored" the leak, and suggested that the involvement of the New York Times should be investigated. She also thought that it might be good to make it easier to go after newspapers that publish classified information. Her remarks, by the way, stood in stark contrast to what Senator Leahy was saying at the time - he praised the Times for bringing an abuse of power to light.

Senator Leahy is apparently far smarter than Representative Harman.

All of this gives Harman's current situation a bit of an air of poetic justice. Harman repeatedly defended the program on the grounds that it improved our security. I don't think anyone really doubted that very much. If you listen in to more phone calls, you've got a bigger chance of hearing something important. (Whether you can find it in the clutter is a different question, of course.) Most of us weren't objecting to the program because we didn't think it would work, we were objecting because we didn't like the price.

The government is made up of human beings, who are subject to temptation. It was virtually inevitable that someone would misuse broad surveillance powers for political gain.

Of course, as much as Harman might like to go after the people who have humiliated her, she's got somewhat limited options. As strange as this might sound, Congress actually passed a law last year that gave the companies that helped the government do the wiretapping retroactive immunity from prosecution and civil suit, making it virtually impossible for anyone to use the courts to figure out what was going on. Anyone want to guess how Harman voted on that particular excuse for a law?


At this point, it might be best if Representative Harman just resigned. I'm not saying that because I think that her alleged behavior with the lobbyist crossed some line - frankly, I think that if it did, the Bush Administration would have elected to go for the political gains involved in implicating a member of the opposition in a national security scandal.

No, Harman should resign simply because, after being so totally, completely, and thoroughly pwned by the Bush Administration, it's impossible to see how she can ever regain enough dignity to be taken seriously as a legislator again.
scienceblogs


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I can see why you like that editorial. The whole thing boils down to an argument that being "pwned by the Bush Administration" is the greatest crime of all.

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No, your grabbing one little line that suits your tired mem rant G-man. What interested me was the situation with an elected official being spied on. I don't feel sorry for her but it's something I only see as part of a beginning. The program needs more of a safeguard built in.

 Originally Posted By: Matter-eater Man
...

The revised FISA laws that broadened the governments wiretapping powers means what to you? Did it give the government more legal wiggle room or not?

[/quote]
Answer the question G-man please.


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 Originally Posted By: Matter-eater Man
...

The revised FISA laws that broadened the governments wiretapping powers means what to you? Did it give the government more legal wiggle room or not?


Answer the question G-man please.


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Why would I answer a question that assumes a falsehood?

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 Originally Posted By: the G-man of Zur-En-Arrh
Why would I answer a question that assumes a falsehood?


What's the falsehood?


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FBI access to e-mail and Web records raises fears
  • Invasion of privacy in the Internet age. Expanding the reach of law enforcement to snoop on e-mail traffic or on Web surfing. Those are among the criticisms being aimed at the FBI as it tries to update a key surveillance law.

    With its proposed amendment, is the Obama administration merely clarifying a statute or expanding it? Only time and a suddenly on guard Congress will tell....

    A key Democrat on Capitol Hill, Senate Judiciary Committee chairman Patrick Leahy of Vermont, wants a timeout.

    The administration's proposal to change the Electronic Communications Privacy Act "raises serious privacy and civil liberties concerns," Leahy said Thursday in a statement.

    "While the government should have the tools that it needs to keep us safe, American citizens should also have protections against improper intrusions into their private electronic communications and online transactions," said Leahy, who plans hearings in the fall on this and other issues involving the law.

    Critics are lined up in opposition to what the Obama administration wants to do.

    "The FBI is playing a shell game," says Al Gidari, whose clients have included major online companies, wireless service providers and their industry association.

    "This is a huge expansion" of the FBI's authority "and burying it this way in the intelligence authorization bill is really intended to bury it from scrutiny," Gidari added.

    Boyd, the Justice spokesman, said the changes being proposed will not allow the government to obtain or collect new categories of information; rather it simply seeks to clarify what Congress intended when the statute was amended in 1993, he argued.

    Critics, however, point to a 2008 opinion by the Justice Department's Office of Legal Counsel which found that the FBI's reach with national security letters extends only as far as getting a person's name, address, the period in which they were a customer and the numbers dialed on a telephone or to that phone.

    The problem the FBI has been having is that some providers, relying on the 2008 Justice opinion — issued during the Bush administration — have refused to turn over Internet records such as information about who a person e-mails and who has e-mailed them and information about a person's Web surfing history.

    To deal with the issue, there's no need to change the law since the FBI has the authority to obtain the same information with a court order issued under a broad section of the Patriot Act, said Gregory Nojeim, director of the Project on Freedom, Security and Technology at the Center for Democracy and Technology, a nonprofit Internet privacy group.

    The critics say the proposed change would allow the FBI to remove federal judges and courts from scrutiny of its requests for sensitive information.

    "The implications of the proposal are that no court is deciding whether even that low standard of `relevance' is met," said Nojeim. "The FBI uses national security letters to find not just who the target of an investigation e-mailed, but also who those people e-mailed and who e-mailed them."


As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people (other than Leahy) who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.

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 Originally Posted By: the G-man

As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people (other than Leahy) who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.


'Going Dark': Feds Seek Broader Internet Wiretap Authority: Obama administration reportedly is crafting plans to require all Internet communication services — such as BlackBerry e-mail, Facebook, and Skype — to be capable of intercepting messages, as officials look to counter terror suspects 'going dark' online.

Still waiting....

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Looks like people will have to resort to using pieces of paper for communication. This never stopped a revolutionary...

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...or they'll just keep buying and using trac phones and the only people getting wiretapped will be the legitimate users of sites like Skype and Facebook.

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 Originally Posted By: the G-man
 Originally Posted By: the G-man

As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people (other than Leahy) who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.


'Going Dark': Feds Seek Broader Internet Wiretap Authority: Obama administration reportedly is crafting plans to require all Internet communication services — such as BlackBerry e-mail, Facebook, and Skype — to be capable of intercepting messages, as officials look to counter terror suspects 'going dark' online.

Still waiting....


The double standard of what passes muster when a Republican is president, vs. when a Democrat is president, never ceases to amaze me.

Add this to a long list of Obama abuses that go virtually unreported, when George W. was vilified as a virtually a war criminal for actions that amounted to a fraction of what Obama has done toward crushing democracy.

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What happened to all the conservatives who defended a President's right to do this stuff?


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 Originally Posted By: the G-man

As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people...who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.


Note: "Bush did it first" is a defense of Obama not a criticism.

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As I pointed out when Bush was president, this would become an established right for future presidents. Nothing happened to Bush even after democrats won big in the 2006 wave election other than they eventually made some changes and created law that made what Bush was doing now legally covered.


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 Originally Posted By: the G-man
 Originally Posted By: Matter-eater Man

You['re] still being stupidly partisan.



Gman position: legal under Bush; legal under Obama
MEM position: unconstitutional and illegal under Bush and investigation necessary; legal under Obama and no investigation necessary.

I think the record speaks for itself.

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I think the record does speak for itself, so much so that I don't need to make one up for you like you constantly do for the other side.

My position is that it does need more oversight. Some of that was addressed by congress since this all started but I don't think it's enough of a check.


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I'm especially concerned about abuse of this authority under Barack Obama.

A president who finds it impossible to label radical Muslims as terrorists --radical muslims, who attack Americans and even U.S. soldiers (such as muslim Col. Hasan, who killed 13 U.S. soldiers and wounded dozens more at Ft. Hood in Texas).

These Obama cannot label as terrorists.

And who only finds patriotic Americans (such as retired military personnel and Tea Party members) to fit this label, and warrant surveilance and investigation as a potential threat.

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http://politifact.com/truth-o-meter/prom...versight-on-go/

 Quote:
As a candidate for president, then-Sen. Barack Obama railed against parts of USA Patriot Act that gave the Bush administration sweeping powers to intercept phone and e-mail communications in the name of fighting terrorism with little judicial or congressional oversight, and Obama pledged to institute "robust" checks and balances if elected.

Now that he's in charge of keeping America safe, President Obama sounds a bit less strident. His attorney general, Eric Holder, has asked Congress to renew three controversial provisons of the Patriot Act that expire in 2010, disappointing liberal Democrats and civil liberties groups who say the provisions endanger civil liberties and foster inappropriate government spying. At the top of this list is the so-called "lone wolf" provision, which allows the government to track and monitor a suspected terrorist with far less evidence than typically required.

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MEM, Adler, whomod?

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Gov't seeks more than 1,700 secret warrants
  • The Justice Department made 1,745 requests to a secret court for authority to wiretap or search for evidence in terrorism and espionage investigations last year.

    That's according to an April 30 letter to the Senate.

    The Foreign Intelligence Surveillance Court meets in secret to hear classified evidence from government attorneys. The court did not reject any of the requests, though judges did require some modifications.

    It's an increase over 2010, when the department made 1,579 requests.

    The FBI also made 16,511 national security letter requests for information, regarding 7,201 people, last year. The letters allow officials to collect virtually unlimited kinds of sensitive, private information like financial and phone records.


 Originally Posted By: the G-man

As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people...who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.

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They made changes in the law after Bush though.


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That's the same dodge you tried over three years ago when this first came up. As noted back then:

 Originally Posted By: the G-man
 Quote:
Your leaving out the part where the FISA law was revised...


Funny. I didn't know they amended the constitution during Bush's term. You would have thought the media would have reported that a little more extensively, given how uncommon a constitutional amendment is.

Make up your mind. Either the wiretapping is unconstitutional or it isn't.

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 Originally Posted By: the G-man

As I said back in 2005 and 2009, if a president, including a democrat, follows the law and uses the law to go after terrorists (as opposed to harassing political opponents), I don't see a problem with it.

However, I'm still waiting for the people...who went ape over Bush's "wiretapping" to say "boo" about Obama going even further than his predecessor did.


When you say "follows the law" do you mean if they make it legal some point in the future???


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You didn't say it was simply a matter of revising the law when Bush did it. You said it was unconstitutional. Now you're claiming that statutes can override the US constitution?

Clearly that isn't the case. The constitution is the supreme law of the law. It trumps both state and federal statutes.

If you thought wiretapping was unconstitutional under Bush, absent a constitutional Amendement, it would be unconstitutional under Obama.

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Whatever happened to the American Dream?

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 Originally Posted By: the G-man
You didn't say it was simply a matter of revising the law when Bush did it. You said it was unconstitutional. Now you're claiming that statutes can override the US constitution?

Clearly that isn't the case. The constitution is the supreme law of the law. It trumps both state and federal statutes.

If you thought wiretapping was unconstitutional under Bush, absent a constitutional Amendement, it would be unconstitutional under Obama.


MY first post in this thread...


 Originally Posted By: Matter-eater Man
A big story on the Sunday shows this morning was Bush authorizing the NSA to wiretap Americans without going through a court. Sounds unconstitutional to me.

...


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You are forgetting the part of the article that says "The FBI also made 16,511 national security letter requests for information, regarding 7,201 people, last year. The letters allow officials to collect virtually unlimited kinds of sensitive, private information like financial and phone records."

NSLRs do not require judicial approval. Therefore, the point still stands.

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And who were they making those requests too? (starts with a c)


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 Originally Posted By: Matter-eater Man
And who were they making those requests to[?]


Not to courts. The "requests" are made to the entity from which the FBI seeks information:
  • A national security letter (NSL) is a form of administrative subpoena used by the United States Federal Bureau of Investigation and reportedly by other U.S. government agencies including the Central Intelligence Agency and the Department of Defense. They require no probable cause or judicial oversight. An NSL is a demand letter issued to a particular entity or organization to turn over various record and data pertaining to individuals


So, now that I have corrected your misunderstandings as to: (a) the precedence of the constitution over statutes; (b) the legal process involved in NSLRs; are you ready to discuss why what you claimed was unconstitutional under Bush is now constitutional under Obama?

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