. . . or outside the law? (NSA Spying)

The Washington Times ^ | 12/28/05 | Bruce Fein

[ricks_place]

President Bush secretly ordered the National Security Agency (NSA) to eavesdrop on the international communications of U.S. citizens in violation of the warrant requirement of the Foreign Intelligence Surveillance Act (FISA) in the aftermath of the September 11, 2001, abominations.

The eavesdropping continued for four years, long after fears of imminent September 11 repetitions had lapsed, before the disclosure by the New York Times this month.

Mr. Bush has continued the NSA spying without congressional authorization or ratification of the earlier interceptions. (In sharp contrast, Abraham Lincoln obtained congressional ratification for the emergency measures taken in the wake of Fort Sumter, including suspending the writ of habeas corpus).

Mr. Bush has adamantly refused to acknowledge any constitutional limitations on his power to wage war indefinitely against international terrorism, other than an unelaborated assertion he is not a dictator. Claims to inherent authority to break and enter homes, to intercept purely domestic communications, or to herd citizens into concentration camps reminiscent of World War II, for example, have not been ruled out if the commander in chief believes the measures would help defeat al Qaeda or sister terrorist threats. ...

[ricks_place]

violation of the warrant requirement of the Foreign Intelligence Surveillance Act (FISA)

Professor, The President of the United States is the Commander in Chief. The United States Constitution gives the Judiciary no power in the area of defense. Read the Constitution.

[Semper Paratus]

The United States Constitution gives the Judiciary no power in the area of defense.

The Founding Fathers were not idiots!

[Publius6961]

The eavesdropping continued for four years, long after fears of imminent September 11 repetitions had lapsed, before ...

Bruce, you moron.

Anyone who would make a statement like that under the circumstances has nothing further to say I'd be interested in...

[satchmodog9]

The eavesdropping continued for four years, long after fears of imminent September 11 repetitions had lapsed

Speachless...

[YouPosting2Me]

sPING

[cvq3842]

I fear that we can write the history of the near future already: while our leaders obsessed over "torture" and "spying on Americans" they left the borders wide open and ignored the threats faced by our country . . . until the next attack.

I hope more than anything that we are not attacked again. If we are, people are on record as to how they felt about our efforts to combat terrorism.

[trebb]

Amazing how they try to use the word "Secret" as a slam. If it weren't Secret, then it would be useless. Thanks to some traitors in government and the MSM, it has lost a lot of it's potential effectiveness.

[johnny7]

Wonder what tune they whistle when they walk through the graveyard at night.

[MinuteGal]

This venomous article is again a piece of the foundation being laid for impeachment.

Where are the constitutional lawyers/writers arguing FOR the President's case in the MSM?

Again, no venomous pieces are being answered in this "spying" battle of words, except from some pundits in weak defense. Bring out the respected Republican legal heavy-hitters, for cryin' out loud......and get them in the print media and on TV.

Looks like the White House PR wussies have again gone back into Rip Van Winkle mode (have they ever come out of it?)

Leni

[Publius6961]

Must be nice to live in a fantasy world where murdering savages, commiting atrocities daily world-wide are deemed to have "lapsed" in intent, while constantly professing otherwise

[Just A Nobody]

I thought this was Scrappleface! Pathetic

[ricks_place]

Happy sPING to you and yours!

[ricks_place]

It does look like Scrappleface but...
no, it is a fifth columnist.

[alisasny]

.....long after fears of imminent September 11 repetitions had lapsed

What a pathetic statement. Frankly we will never loose that fear.

[Buckhead]

If Fein is such a fricking genius, why has every court that has considered the question explicitly acknowledged that the President has the exact power that Fein claims he does not?

His reading of the Authorization for the Use of Military Force is that the President can kill al Qaeda, but he can't listen to their phone calls.

Korematsu is still good law, Fein-o.

And, seizing a steel mill is a far cry from listeing to the international phone calls of the enemy, so the analogy to Youngstown is strained, to say the least.

If this is the best argument against the NSA wiretaps, we win in a rout.

[sgtbono2002]

Its hard to believe this was printed in the Washington Times. This is a New York Times type attack.

The eavesdropping should continue until we have won this war against the fanatics.

[Onelifetogive]

The eavesdropping continued for four years, long after fears of imminent September 11 repetitions had lapsed

Speachless...

He said that his "fear" of it has lapsed. I guess the Bush Presidency has been a great comfort to him. He must be a big Bush supporter.

[servantboy777]

My concern is that the eavesdropping is not being limited to persons under suspicion.

I'm not too comfortable with my right to privacy being infringed in the name of capturing a terrorist.

I realize if I were shooting out lots of emails or phone calls with certain tag lines such as, bomb, it might flag NSA computer systems, but it kinda sounds like it's gone further than that.

Has there been any talk that these warrentless searches have been confined to muslims, persons here on visas, illegals, persons with criminal backgrounds, persons that have had recent contacts with questionable organizations?

I have read several articles about this "secret" snooping, but I have not seen anything that would lead me to believe it has been limited in scope. Everything I've read indicates the scope of the eavesdropping has been broad.

[Wasanother]

If this is the premise of constitutionality then every time my phone number shows up on some caller ID my rights have been violated. When someone hears me on my cell phone in public then my rights have been violated. When another computer puts a cookie on my computer my rights have been violated. When I e-mail someone and someone else reads it, regardless of circumstances, my rights have been violated. If I e-mailed Zarqawi in Iraq and the feds saw it my rights have been violated. sarc

[Just A Nobody]

I can understand your concern since you obviously believe everything you read from the Enemedia! They represent such a pillar of honesty, integrity and pro-American sentiment.

The only concern I have is that the spies assigned to me might die of boredom. Maybe I will begin prefacing all my conversations and e-mails with, "Good day Mr. President. Thank you for keeping an eye out for the terrorists!"