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Disorder in the Court (FISA)
The Weekly Standard ^ | January 2, 2006 | David Tell, for the Editors

Posted on 12/27/2005 12:53:13 PM PST by RWR8189

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To: Arizona Carolyn

I'm having computer problems so I'll log off for the evening with this:

The FISA Court also said the powers given to criminal investigators by Ashcroft might allow the government to illegally use intelligence information in criminal cases. It noted that the Department of Justice, under the Clinton administration, had abused the FISA process and misled the court at least 12 times and that the government had admitted FBI officials had provided erroneous information to the court on more than 75 requests for warrants and wiretaps.

U.S. District Judge Royce C. Lamberth signed the ruling, which wasn't released until August by his replacement, Presiding U.S. District Judge Colleen Kollar-Kotelly. It was the first-ever published opinion by the FISA Court.

Upon the ruling's release, the Justice Department filed an appeal citing the FISA Court's failure to consider the expanded intelligence sharing powers legalized under the Patriot Act. The Department of Justice also argued that the May 17 ruling violated the Constitutional separation of powers between the judiciary and executive branches.

Interesting that:

1) Lamberth is no longer on the court (FISA).

2) Clinton abused FISA many times and no one on the left seemed to mind.

3) FISA published their first ever opinion publicly.

Thanks again for publishing this information about Lamberth, Carolyn. See you tomorrow as freepers find even more interesting information overnight.


121 posted on 12/27/2005 7:56:41 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Zack Nguyen

excellent point! We know Hillary specifically chose Janet Reno because they could manipulate her.


122 posted on 12/27/2005 7:57:05 PM PST by Arizona Carolyn
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To: Zack Nguyen
The purpose of the "wall of separation" between the CIA and the FBI, per the memo from Ass't Atty Gen'l Jamie Gorelick, was allegedly to prevent foreign intelligence from being used in domestic criminal prosecutions. It did prevent the laptop computer of the "20th hijacker" from being examined before the 9/11 attacks.

Because of when the Gorelick memo was issued, which admitted in its text that it "went beyond what the law required," it may have been done to prevent foreign intelligence on China from revealing Clinton crimes with Chinese money in his campaigns.

I suspect that, too, but the Clintons have never had their "John Dean," just one person near the center who turned honest and told all that he knew. Maybe Ron Brown or Vince Foster would have done that, the first because the prosecutors were closing in on him and he didn't want to go down alone. The latter because he had an attack of conscience. But, surprisingly, both of them are dead.

Congressman Billybob

Latest column: "My Father's 100th Birthday"

123 posted on 12/27/2005 8:00:27 PM PST by Congressman Billybob (Have you heard about the newspaper editor who called a Freeper, "you blithering idiot"?)
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To: Marine_Uncle

Thank you.


124 posted on 12/27/2005 8:00:37 PM PST by Arizona Carolyn
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To: Arizona Carolyn

Last Sunday...the roundtable on the Fox Sunday News show...was asked to name their "winners and losers" of this year...and Brit was first..

He named as his loser, Duke Cunningham...and when he did, Chris Wallace made the comment...that there would "probably be another one, from TExas next year"...referencing Delay, I am sure...

Boy, that made my blood boil...and NO ONE, not even Brit asked him why he said that..


125 posted on 12/27/2005 8:01:51 PM PST by Txsleuth (Merry Christmas everyone!!! Happy Hanukkah!!)
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To: Marine_Uncle

Don't you think it is possible..that regardless of how much/little we can get from ANWR...that just the psychological aspect of us starting to produce more of our own oil...

might play on the Saudis...even a little..thinking that we won't "need" them as much..so might be more inclined to come down harder on them for their dastardly ways??


126 posted on 12/27/2005 8:04:19 PM PST by Txsleuth (Merry Christmas everyone!!! Happy Hanukkah!!)
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To: Marine_Uncle

OOOPS...I meant to add Hugo Chavez to the scenario I just posted re: Saudi.


127 posted on 12/27/2005 8:05:00 PM PST by Txsleuth (Merry Christmas everyone!!! Happy Hanukkah!!)
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To: Congressman Billybob

I would have said 'not surprisingly' both are dead. I have no doubt they both met with Arkancide.


128 posted on 12/27/2005 8:05:40 PM PST by Arizona Carolyn
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To: Txsleuth

I missed that... actually I missed all the Sunday talk shows this week..... probably a good thing, that, too, would have ticked me off and I think Cunningham is a slime, but then it seems, once you start reading about his links with Pelosi's family, the dem hero Murtha isn't any better...


129 posted on 12/27/2005 8:08:41 PM PST by Arizona Carolyn
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To: Peach

bump for later read


130 posted on 12/27/2005 8:19:06 PM PST by prairiebreeze (Merry Christmas!! And God bless us, every one.)
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To: RWR8189

I kept hearing how easy it was to get a warrant, why didn't Bush get warrants, judges just hand out warrants when asked without asking questions...well, now we know why the President had to resort to other legal remedies.


131 posted on 12/27/2005 8:20:15 PM PST by skr ("That book [Bible], sir, is the rock on which our republic rests."--Andrew Jackson)
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To: Arizona Carolyn
"Thank you."
Your most welcome. Hope the two sites are of some use.
132 posted on 12/27/2005 8:57:51 PM PST by Marine_Uncle (Honor must be earned)
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To: Txsleuth
"Don't you think it is possible..that regardless of how much/little we can get from ANWR...that just the psychological aspect of us starting to produce more of our own oil... might play on the Saudis...even a little..thinking that we won't "need" them as much..so might be more inclined to come down harder on them for their dastardly ways??"
I am sure both the Saudi, Yemans, Kuwatis, Canadians, Venuzalens(Hogo the punk), and others are all aware much more then you and I, of exactly what the US governments position as well as the major oil companies positions are from year to year, probably month by month.
We have to remember oil is big time. Real big time. No one that deals in it is left in the dark for more then a few hours.
Go to:
HERE
To get a good over view of who the key players are, and why us drilling in ANWR would not make them lose a night of sleep.
133 posted on 12/27/2005 9:07:39 PM PST by Marine_Uncle (Honor must be earned)
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To: Peach

Thanks for the ping! You'll find Judge Lamberth's name all over the Downside Legacy. He was hard as nails on the Clinton Administration which offended the court many times and in many ways. Having dealt with that for nearly a decade, I wouldn't be surprised if he was soured against the executive branch altogether thus becoming an obstruction to national security under Bush. But I do not suspect him of being intentionally harmful.


134 posted on 12/27/2005 11:10:23 PM PST by Alamo-Girl
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To: Alamo-Girl
If you go to the FISA site directly, you will see reports for every year, as well as dissertations on the importance of obtaining intelligence.

One of the reports is specific that the President has powers as Commander in Chief that are not subject to THAT court.

Mary Jo White has a LONG dissertation on this site which I have not yet read...but will do so today....if I can.

Just google FISA.

135 posted on 12/28/2005 4:25:51 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: Arizona Carolyn
I think that Rove's memo "I didn't take the bait" speaks volumes. I'm also wondering why Cooper (July 10th) used the switchboard rather than call Rove directly.

Cooper actually chased Libby down the next day (July 11th...and I believe, finally got ahold of him at his home. Doesn't make much sense to me unless you are on a mission "to involve him". Why even call both parties on the same thing??

Why didn't Cooper call Wilson himself??

136 posted on 12/28/2005 4:33:16 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: Mo1

I'm trying to pick up my lower jaw from the floor.


137 posted on 12/28/2005 5:17:48 AM PST by tiredoflaundry (The right wants victory, the left wants to surrender. It's that simple.)
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To: Mo1; Peach

Appreciate the pings for post 34. While it appears Judge Royce is prone to temper and did much to obstruct and intimidate the FBI and shut down communications between agencies, I find the piece in #34 a little thin on proof of ties to Islamic extremism.

That said, it certainly does appear Lamberth should be investigated. But then, so should much of Washington at this point. sigh.


138 posted on 12/28/2005 5:54:55 AM PST by prairiebreeze (Merry Christmas!! And God bless us, every one.)
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To: All
This is available on the FISA site. It is page S5923 of "Amending the Foreign Intelligence Surveillance Act", 2003. There is a debate on the amendment and in the end, three people voted against the amendment; Byrd, Durbin, Fiengold.

The following is a quote regarding reporting requirements by the FISA: "We oppose a requirement to disclose publicaly the number of FISA targets that are United States persons. Congress has in the past considered and rejected proposals to require disclosure of this to the general public rather than to the Intellignece Committees. In 1984, the Senate Select Committee on Intelligence was asked by the American Civil Liberties Union to consider making public the number of U.S. persons who have been FISA survellance targets. (S. Rep. No. 98-660, 98th Congress...) The Committee rejected that proposal because "the benefits of such disclosure for public understanding would not outweigh the damage to FBI counterintelligence capabilities that can reasonably be expected to result". This line of thought continues: Please read. Maybe someone can summarize it.

There's another statement in one of the FISA reports about the President and assumed powers that he has. I will find it but I have to go now.

139 posted on 12/28/2005 6:01:44 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: Congressman Billybob
I suspect that, too, but the Clintons have never had their "John Dean," just one person near the center who turned honest and told all that he knew.

Thank you Congressman. I suspect that the Clinton's "John Dean" may not come until Clinton has finished her term or been eliminated from Presidential contention.

I look forward all the time to the definitive book on the Clinton's, which has not yet been written. In fact I wonder if it is even being written. I suspect when it is we will find out about a lot of things that surprise even us. I hope we don't have to wait as long as we did for LBJ's definitive book (Robert Caro.)

140 posted on 12/28/2005 6:48:55 AM PST by Zack Nguyen
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