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EXCLUSIVE: Nuclear Monitoring of Muslims Done Without Search Warrants
US News and World Report ^ | 12/22/05 | David E. Kaplan

Posted on 12/26/2005 7:57:45 AM PST by alienken

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To: alienken

GOOD!!


21 posted on 12/26/2005 8:21:36 AM PST by BigMacGOP
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To: oxcart

LOL.These leftist rags keep pushing disinformation despite the fact that they're hemmoraghing readers/subscribers.I don't think they realize the majority of Americans see through the propaganda.Pure hubris.Good riddens.


22 posted on 12/26/2005 8:25:12 AM PST by Thombo2
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To: alienken
 
Oh My God!  The Bush administration is monitoring the air for nuclear radiation! How dare this Hitlerite to attempt to keep a terrorist from cooking my family with cesium radiation.

Does this mean that the environmental wackos can no longer measure pollutants in the public air without a warrant too?

 

23 posted on 12/26/2005 8:27:42 AM PST by HawaiianGecko (Bush lied, people dyed... their fingers.)
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To: Phsstpok
Exactly. These activities are not a "search" and they do not require a warrant. No more than a police car needs a warrant to drive by properties and observe if there is any activity that needs further investigation. Likewise, a police car can cruise through a parking lot or pull in your driveway on patrol.

I suppose theowners of properties could deny the police access to parking lots, etc, in which case a warrant might be needed. But the article is otherwise completely bogus froma legal standpoint. Even the average person should realize the police do all kinds of things without needing a warrant.

The real import of this article is it is warning terrorists to conduct these activities at secluded locations which are difficult to monitor.

24 posted on 12/26/2005 8:30:25 AM PST by Williams
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To: blackdog
Even the state cops seem to think they can snoop around my out-buildings after a teenage kegger party got busted in the woods nearby, thinking the kids were hiding in my barn/s.

Golly, I watch "Cops" nearly every week. They lumber all over the citizenry's plots of land in hot pursuit of those who may be engaged in a little burglary. With no warrants, yet.

And here I sit, cheering the cops on, knowing by their heavy panting that "a Policeman's lot in not a 'appy one".

Oh well, guess I'm supposed to cheer for those trying to carrry out their felonious little plans.

25 posted on 12/26/2005 8:30:37 AM PST by Ole Okie
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To: HawaiianGecko

Correct. Also, change "mosque" to "church" and the crime from "nuclear terrorism" to "child molestation" and see if the press still gets upset about any level of surveillance.


26 posted on 12/26/2005 8:32:20 AM PST by Williams
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To: alienken
Great that something is being done to protect us. Can anyone imagine that there would be any objection. I wish they could monitor the entire Country and without any warrant. Who in the hell would care. Oh, I forgot the lame brain dead.
27 posted on 12/26/2005 8:32:56 AM PST by Logical me (Oh, well!!!)
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To: alienken

It's a relief to hear that so much more was being done that what appeared at the time.I hope their is more going on in the background now and would like to see an investigation of who leaked this top secret information.

You are 100% correct. Can you imagine that limp wristed Kerry being in office not following up these leads. Bush will win this arguement hands down if the politically correct libs want to fight it. If these people are a risk, kick them the hell out (Islamists). See how happy they are living back in the 7th century. There is no doubt the president has the power to do this, and if not, the SCOTUS will allow it. To hell with congress. Separation of powers. The senate wants to control all, sorry guys ! You lose !!


28 posted on 12/26/2005 8:35:52 AM PST by Pedrobud (Bush- Explain your positions more often, put the libs on the defensive !!)
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To: alienken

Legal scholars ?? Which side do you think they are on ??


29 posted on 12/26/2005 8:36:33 AM PST by Pedrobud (Bush- Explain your positions more often, put the libs on the defensive !!)
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To: HawaiianGecko
"Does this mean that the environmental wackos can no longer measure pollutants in the public air without a warrant too?"

LOL! Excellent point! I guess these liberal rags have forgotten why President Bush was re-elected!

Message to Bleed'n Heart Libs: "It's National Security Stupid!"

30 posted on 12/26/2005 8:37:29 AM PST by alice_in_bubbaland (New Jersey gets the corrupt government it deserves!)
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To: Ole Okie
Although I do not subscribe to this train of thought, It's well known that liberal logic works like this...........

Society had a crime problem so it hired cops to attack crime. Now society has a cop problem.....

31 posted on 12/26/2005 8:44:17 AM PST by blackdog (Still evolving... thanks to play, rebelliousness, and immaturity.)
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To: alienken; Dog Gone
We gotta do this to the junior mad scientists too.

I want to know when some teenager with WAY too much time on his hands in my neighborhood decides to win a Boy Scout merit badge in atomic energy by building an honest-to-god breeder reactor in his back yard, before a NEST team knocks on my door and tells me to grab my kids and run.

http://www.qsl.net/n9zia/radio_scout

"... After the moon-suited workers dismantled the shed, they loaded the remains into 39 sealed barrels that were trucked to the Great Salt Lake Desert. There, the remains of David's experiments were entombed with other radioactive debris.

"These are conditions that regulations never envision," says Dave Minnaar, radiological expert with Michigan's Department of Environmental Quality. "It's simply presumed that the average person wouldn't have the technology or materials required to experiment in these areas."

As Uncle Albert would say, "Be thankful happen every day something like this does not.'

"David Hahn is now in the Navy, where he reads about steroids, melanin, genetic codes, prototype reactors, amino acids and criminal law. "I wanted to make a scratch in life," he explains now. "I've still got time." Of his exposure to radioactivity he says, "I don't believe I took more than five years off my life."

32 posted on 12/26/2005 8:47:34 AM PST by Thud
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To: alienken
Nuclear Monitoring of Muslims Done Without Search Warrants

And this is a problem because . . . . . ????
33 posted on 12/26/2005 8:49:09 AM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: alienken

Bush Violates Terrorists' Nuclear Privacy
Human Events Online ^ | 12/26/05 | Mac Johnson
Posted on 12/26/2005 10:50:26 AM EST by harpu
http://www.freerepublic.com/focus/news/1547157/posts

Just over a week ago, the New York Times revealed the shocking news that the Bush administration has been spying on the international communications of suspected terrorists, thus setting off a rippling artificial scandal in the Times private reflecting pool, the increasingly stagnant mainstream media.

Not to be outdone, U.S. News and World Report put on its water wings Friday and tried to create a splash of it own, by reporting that the same renegade Bush administration has been monitoring radiation levels in the public air -- without a warrant! Gasp! The power-mad Bushies have done this in a diabolical attempt to get early warning of terrorists preparing to use a nuclear or dirty bomb against an American city. According to the story, this program is fraught with all sorts of subtle privacy issues.

Obviously, such warantless radiation monitoring creates a searing civil rights crisis for the average American, who now must live in fear, knowing that his private high-energy photon emissions, personal beta-particle broadcasts, or even his confidential radionuclide wafting could be subject to detection by the crass and intrusive thugs of the federal government.

I mean, when you don’t have the right to leak radiation into the communal air from a clandestine nuclear bomb, what rights do you have really? Clearly, Bush is Hitler, but worse.

Let us examine what this “far-reaching” and “controversial” program of “questioned” legality entails. A technician in a vehicle drives around Washington, D.C., or another high-risk city, and samples the air with a little device. If the air is not radioactive, he drives somewhere else. Disturbing!

The technician never kicks in a door, or even knocks on one, but he does -- from a publicly-accessible area -- sample the air. SHOCKING!

All this raises very important privacy issues, such as: What if the air was radioactive for a perfectly harmless reason? Wouldn’t detecting this radiation violate the privacy of the person contaminating the air for this harmless reason? You can see what a slippery slope this becomes really quickly.

Am I kidding here? The article quotes Georgetown University professor David Cole, a “constitutional law expert,” on this legal conundrum: "They don't need a warrant to drive onto the property -- the issue isn't where they are, but whether they're using a tactic to intrude on privacy. It seems to me that they are, and that they would need a warrant or probable cause."

Professor Cole did not explain, however, how exactly the right to privacy would cover the emission of harmful, illegal radioactive material into the common air. If ever there were a narrowly focused and non-intrusive search, monitoring the air for radiation would seem to be it. Name for me one legal personal activity for which such monitoring would violate the expectation of privacy, or what harm would likely result.

The reason many searches are regulated by constitutional law is they can impose a significant burden upon the searched, and the search can reveal much more than its target. For example, having a policeman search your body cavities or rifle through your personal possessions is potentially unpleasant and demeaning and could lead to the revelation of personal information unrelated to any legal investigation. But what can measuring roadside radiation levels reveal -- other than your possession of materials causing unusual roadside radiation levels?

Radiation monitoring cannot detect whether you look at goat porn on the Internet, belong to the ACLU, voted for Ross Perot, cheat on your spouse, or secretly prefer catsup to ketchup. It cannot read your thoughts or fumble through your underwear drawer. It can do only one thing: determine if you have a significant source of radiation in your possession, which I believe is both illegal and not healthy for children and other living things. And it can do this one limited thing as an unnoticed drive-by service. So you don’t even have to lose any personal time or face social stigma.

But exposing this alleged “invasion of privacy” is what U.S. News has been reduced to in its eager quest for a Bush-bashing warrantless search “scandal.” For political expediency and a desire to ape the New York Times, the 4th Amendment’s guarantee against “unreasonable search and seizure” has now been morphed into a guarantee against any search for Cesium. You know, because high-level gamma emissions might be part of someone’s protected political speech.

The degree to which the mainstream media’s hatred of President Bush has pushed it into a state of logical incoherence is simply amazing. But even more amazing is that this incoherence is not lessened even by the basic human desire to protect innocent people’s lives. “Exposing” the government’s radiation monitoring program in such detail will not help the public fend off any real assault on our liberties. Neither does it contribute to any significant political debate. It won’t even harm Bush politically. All it does is inform our terrorist enemies what measures we have taken to catch them before they can harm us, and allow them to attempt more effective countermeasures.


34 posted on 12/26/2005 8:51:27 AM PST by Matchett-PI ( "History does not long entrust the care of freedom to the weak or the timid." -- Dwight Eisenhower)
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To: alienken

If the media keeps this up, Bush's approval rating will hit 65 very shortly...

I would surmise that a substantial portion of Bush's recent poll bounce comes from the covert approval of the American public that Bush has been wiretapping suspected terrorists and their affiliates...

I also surmise, the public at large would agree that putting radiological detection equiptment around mosques is not only logical, but the obvious thing to do...


35 posted on 12/26/2005 8:52:53 AM PST by antaresequity ((PUSH 1 FOR ENGLISH, PUSH 2 TO BE DEPORTED))
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To: alienken

Michael Barone: All the news that's fit to ignore
townhall.com ^ | December 26, 2005 | Michael Barone
http://www.townhall.com/opinion/columns/michaelbarone/2005/12/26/180370.html
Posted on 12/26/2005 6:31:50 AM EST by Puzzleman
http://www.freerepublic.com/focus/f-news/1547098/posts


The New York Times' Christmas gift -- sorry, holiday gift -- to the nation's political dialogue was its Dec. 16 story reporting that the National Security Agency has been intercepting telephone conversations between terrorism suspects abroad and U.S. citizens or legal residents in the United States.

What the Times didn't bother telling its readers is that this practice is far from new and is entirely legal. Instead, the unspoken subtext of the story was that this was likely an illegal and certainly a very scary invasion of Americans' rights.

Let's put the issue very simply. The president has the power as commander in chief under the Constitution to intercept and monitor the communications of America's enemies. Indeed, it would be a very weird interpretation of the Constitution to say that the commander in chief could order U.S. forces to kill America's enemies but not to wiretap -- or, more likely these days, electronically intercept -- their communications. Presidents have asserted and exercised this power repeatedly and consistently over the last quarter-century.

To be sure, federal courts have ruled that the Fourth Amendment's bar of "unreasonable" searches and seizures limits the president's power to intercept communications without obtaining a warrant. But that doesn't apply to foreign intercepts, as the Supreme Court made clear in a 1972 case, writing, "The instant case requires no judgment on the scope of the president's surveillance power with respect to the activities of foreign powers, within or without this country." The federal courts of appeals for the 5th, 3rd, 9th and 4th Circuits, in cases decided in 1970, 1974, 1977 and 1980, took the same view. In 2002, the special federal court superintending the Foreign Intelligence Surveillance Act wrote, "The Truong court, as did all the other courts to have decided the issue, held that the president did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. ... We take for granted that the president does have that authority and, assuming that is so, FISA could not encroach on the president's constitutional power."

Warrantless intercepts of the communications of foreign powers were undertaken as long ago as 1979, by the Carter administration. In 1994, Bill Clinton's deputy attorney general, Jamie Gorelick, testified to Congress, "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

In the Dec. 15 Chicago Tribune, John Schmidt, associate attorney general in the Clinton administration, laid it out cold: "President Bush's post-Sept. 11, 2001, authorization to the National Security Agency to carry out electronic surveillance into private phone calls and e-mails is consistent with court decisions and with the positions of the Justice Department under prior presidents."

"News stories" in the Times and other newspapers and many national newscasts have largely ignored this legal record. Instead, they are tinged with a note of hysteria and the suggestion that fundamental freedoms have been violated by the NSA intercepts.

Earlier this month, a Newsweek cover story depicted George W. Bush as living inside a bubble, isolated from knowledge of the real world. Many of the news stories about the NSA intercepts show that it is mainstream media that are living inside a bubble, carefully insulating themselves and their readers and viewers from knowledge of applicable law and recent historical precedent, determined to pursue an agenda of undermining the Bush administration regardless of any damage to national security.

And damage there almost certainly would be were the program to be ended, as many Democrats and many in the mainstream media would like. Gen. Michael Hayden, former director of NSA and now deputy national intelligence director, has come forward to say, "This program has been successful in detecting and preventing attacks inside the United States."

The Constitution, Justice Robert Jackson famously wrote, should not be interpreted in a way that makes it "a suicide pact." The notion that terrorists' privacy must be respected when they place a cell-phone call to someone in the United States is in the nature of a suicide pact. The Fourth Amendment's ban on unreasonable searches and seizures in the United States should not be stretched into a ban on interceptions of communications from America's enemies abroad.

The mainstream media, inside their left-wing bubble, evidently thinks that there is not much in the way of danger. They should take a trip to Ground Zero, to the Sept. 11 memorial at the Pentagon, to Shanksville, Pa., where the heroes of United flight 93 prevented the terrorists from hitting their target in Washington.


36 posted on 12/26/2005 8:53:16 AM PST by Matchett-PI ( "History does not long entrust the care of freedom to the weak or the timid." -- Dwight Eisenhower)
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To: DustyMoment
What irony?????

Americans living within 50 miles of nuclear powerplants have to file suit in federal court to force the government to monitor nuclear activity levels in their neighborhoods. OTOH, when the government does monitor nuclear activity in other neighborhoods for free, it's a problem?

Go figger.........

37 posted on 12/26/2005 8:55:12 AM PST by blackdog (Still evolving... thanks to play, rebelliousness, and immaturity.)
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To: Thombo2

Did you see the BBC's Dirty War...


38 posted on 12/26/2005 8:55:38 AM PST by ARA
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To: Phsstpok
True, there can be no reasonable expectation of privacy when it comes to high energy radiation coming from your property.

There is simply no rational reason for your property to be emitting this radiation. It can only mean illegal and dangerous activity.

Good for them. I hope they put geiger counters on every 'place of worship' out there. You won't get a reading from churches and synagogues.

39 posted on 12/26/2005 8:57:36 AM PST by Sender (Team Infidel USA)
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To: Thombo2

When I first read the headline I thought it was from Scrappleface or the Onion.


40 posted on 12/26/2005 8:59:28 AM PST by oxcart (Remember Bush lied.......People DYED... THEIR FINGERS!)
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