Posted on 01/17/2006 2:59:09 AM PST by summer
Bingo.
Bolshevik Theater American Style
hmmmmmmm.............
Complaints of wiretapping from MSM journalists who were having overseas phone calls with terrorists.
What's the problem?
"However, because of the President's constitutional duty to act for the United States in the field of foreign relations, and his inherent power to protect national security in the context of foreign affairs, we reaffirm what we held in United States v. Clay, supra, that the President may constitutionally authorize warrantless wiretaps for the purpose of gathering foreign intelligence."
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"We agree with the district court that the Executive Branch need not always obtain a warrant for foreign intelligence surveillance."
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"Prior to the enactment of FISA, virtually every court that had addressed the issue had concluded that the President had the inherent power to conduct warrantless electronic surveillance to collect foreign intelligence information, and that such surveillances constituted an exception to the warrant requirement of the Fourth Amendment."
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"The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent [constitutional] authority to conduct warrantless searches to obtain foreign intelligence information."
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"We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the Presidents constitutional power."
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Well, it's hardly the first time the courts have been egregiously wrong! ;^)
Seriously, I think my analysis is considerably more consistent with Congress' Article I authority over the military than the sort of Presidential/Congressional split authority these cites reflect.
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