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FISA Court Approved Bush Spy Program
Newsmax ^ | Tuesday, Dec. 20, 2005 1:14 p.m. EST | Carl Limbacher and NewsMax.com Staff

Posted on 12/20/2005 11:40:16 AM PST by JustAnotherOkie

Contrary to claims by Democrats currently hyperventilating on Capitol Hill over President Bush's decision to use the National Security Agency to monitor communications among terrorists, Bush's so-called "illegal" spy program has indeed undergone judicial review.

And a special foreign intelligence surveillance appeals court set up to review the case confirmed that such "warrantless searches" were completely legal.

Notes OpinionJournal.com today:

"The allegation of Presidential law-breaking rests solely on the fact that Mr. Bush authorized wiretaps without first getting the approval of the court established under the Foreign Intelligence Surveillance Act of 1978."

But the Journal notes that in a 2002 case dubbed: "In Re: Sealed Case," the FISA appeals court decision cited a previous FISA case [U.S. v. Truong], where a federal court "held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information."

The court's decision went on to say: "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."

What's more, notes the Journal: "The two district court judges who have presided over the FISA court since 9/11 also knew about" the Bush surveillance program.


TOPICS: Government; War on Terror
KEYWORDS: bush; fisa; homelandsecurity; nsa; patriotleak; spying; wiretap
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To: r9etb

I am always suspect of their own investigative reporting but in this case the entire premise of the article is based on a WSJ piece making it rock solid.


21 posted on 12/20/2005 11:56:01 AM PST by traderrob6
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To: traderrob6
It's from the WSJ Sherlock

Repackaged by the nitwits at NewsLax, Watson. If you know anything about NewsLax, you know how they can twist a story FROM ANOTHER SOURCE and twist it to their liking.

22 posted on 12/20/2005 11:56:52 AM PST by GLDNGUN
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To: r9etb
"When I see the NewsMax link, I immediately know that the article can't be accepted at face value."

So far as I know, no one at NewsMax has been forced to resign over forged documents, stealing other's work, or simply making things up.

I mean, as opposed to, say what's happened in the trusted lamestream media.

23 posted on 12/20/2005 11:56:53 AM PST by Reactionary (The Stalinist Media is the Enemy)
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To: GLDNGUN
"If you know anything about NewsLax, you know how they can twist a story FROM ANOTHER SOURCE and twist it to their liking."

Give us an example, since in order to "know" anything about Newsmax one is required to know that they routinely (as you say) "twist" stories from other sources.

24 posted on 12/20/2005 11:58:29 AM PST by Reactionary (The Stalinist Media is the Enemy)
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To: Reactionary
So far as I know, no one at NewsMax has been forced to resign over forged documents, stealing other's work, or simply making things up.

The same can be said for World Weekly News.

NewsMax is not a reliable news source -- they're in the business of making editorial comments about other peoples' news.

25 posted on 12/20/2005 12:01:55 PM PST by r9etb
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To: r9etb

Here is the link to the WSJ article NewsMax is referencing:

http://www.opinionjournal.com/editorial/feature.html?id=110007703

The relevant portion:
"The allegation of Presidential law-breaking rests solely on the fact that Mr. Bush authorized wiretaps without first getting the approval of the court established under the Foreign Intelligence Surveillance Act of 1978. But no Administration then or since has ever conceded that that Act trumped a President's power to make exceptions to FISA if national security required it. FISA established a process by which certain wiretaps in the context of the Cold War could be approved, not a limit on what wiretaps could ever be allowed.

The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "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.""


26 posted on 12/20/2005 12:07:49 PM PST by frankjr
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To: traderrob6
It most certainly does not make it "rock solid".

Just because an opinion piece (with no by-line) from the WSJ editorial page claims two judges knew about the authorization does not necessarily make it so. The WSJ is no further above reproach than any other print news source.

I'm from Missouri: show me. Show me proof, somewhere, that this activity came under judicial review, and then I'll consider that particular point to be "rock solid".

27 posted on 12/20/2005 12:08:55 PM PST by liberty_lvr (Those who stand for nothing fall for anything.)
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To: b4its2late
It's all blowing up in the liberals face today. How long can the MSM keep the lid on?

The NYT only released this story to try and sway legislation(PATRIOT ACT), they knew the story had no legs and they also knew that this leak would endanger America. This is just another case of the NYT and the Democrats playing politics with Americans lives.

28 posted on 12/20/2005 12:15:11 PM PST by Echo Talon (http://echotalon.blogspot.com)
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To: frogjerk

Again the tokyo roses are delusional...


29 posted on 12/20/2005 12:17:25 PM PST by shield (The fear of the LORD is the beginning of knowledge: but fools despise wisdom and instructions.Pr 1:7)
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To: GLDNGUN

Me too.


30 posted on 12/20/2005 12:17:54 PM PST by newconhere
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To: liberty_lvr; traderrob6

This appears to be a brief filed in the "sealed" case:

http://www.fas.org/irp/agency/doj/fisa/092502sup.html

I came across earlier today in reference to another posting.


31 posted on 12/20/2005 12:18:36 PM PST by frankjr
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To: Dumb Head
Although I am right wing nut job, I an skeptical with news from NEWSMAX, because to defeat a liberal you must bring facts from the New York Times.

This is the New York Times that tried to rally the country against the Masters Tournament a few years ago and failed hilariously. I think sometimes to defeat a liberal you don't have to do any more than ignore him.

32 posted on 12/20/2005 12:20:03 PM PST by bkepley
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To: JustAnotherOkie

This is GREAT!


33 posted on 12/20/2005 12:20:06 PM PST by stocksthatgoup ("It's inexcusable to tell us to 'connect the dots' and not give us the tools to do so." G W Bush)
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To: SF Republican

"everyone knows its bogus."
They know it's me?


34 posted on 12/20/2005 12:20:17 PM PST by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: Echo Talon
I believe you are 100% correct.

I was referring to the fact that this stuff has been done before and that it is legal to do. How long can they keep that fact covered? How long can they protect their democrat cohorts? Probably a while yet.

35 posted on 12/20/2005 12:22:52 PM PST by b4its2late (Liberals are good examples of why some animals eat their young.)
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To: b4its2late
How long can the MSM keep the lid on?

A long long time. I have a betting pool going on how many days in a row the NYT can keep the story on the front page. My bet is 20. Not quite as long as Abu Ghraib, but close.

36 posted on 12/20/2005 12:23:03 PM PST by beebuster2000
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To: GLDNGUN

"I'd feel a lot better if this wasn't from NewsLax."


actually the source for this story is the WSJ
they blew a HUGE hole in the whole Lefty impeachment proceedings. LOL

here's the link

http://www.opinionjournal.com/editorial/feature.html?id=110007703


37 posted on 12/20/2005 12:26:17 PM PST by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: JustAnotherOkie

Hold on now. Let's not let facts get in the way of getting a lather up over this. Liberals need to hate and have negative feelings over this. We cannot deny them their daily hatred.


38 posted on 12/20/2005 12:28:04 PM PST by IamConservative (Man will occasionally stumble over the truth, but most times will pick himself up and carry on.)
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To: GLDNGUN

Well, they're at least as trustworthy as DebkaFiles!


39 posted on 12/20/2005 12:31:15 PM PST by kaehurowing
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To: GLDNGUN

I gave you the link....their reference is verbatim


40 posted on 12/20/2005 12:33:36 PM PST by traderrob6
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