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Specter: Administration broke law
UPI ^ | February 5, 2006

Posted on 02/05/2006 5:19:32 PM PST by West Coast Conservative

Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee, says President George W. Bush's warrantless surveillance program appears to be illegal.

Appearing on NBC's "Meet the Press," Specter called the administration's legal reasoning "strained and unrealistic" and said the program appears to be "in flat violation" of the Foreign Intelligence Surveillance Act.

Hearings into the surveillance program are scheduled to begin Monday on Capitol Hill.

Air Force Gen. Michael Hayden, the former head of the National Security Agency, defended the surveillance on ABC's "This Week" and the Fox News Network, the International Herald Tribune reported.

"It's about speed," General Hayden said in his ABC appearance. "It's about hot pursuit of al-Qaida communications."

The Bush administration says the surveillance has been carefully monitored and targeted at individuals with known or strongly suspected terrorist ties. But officials have also given different estimates of the amount of monitoring.


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Government; News/Current Events; Politics/Elections; US: Pennsylvania; War on Terror
KEYWORDS: 109th; americahate; arlensphincter; bush; constitution; fisa; gopmodsquad; law; loadedheadline; magickbullet; mediabias; nsa; rino; rinodreams; scottishlaw; senate; specter; spying; terrorism; theusualsuspects; wishfulthinking
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To: West Coast Conservative


And it was illegal to intercept Axis communications during WWII

And of course it was illegal to intercept communicaitons during the cold war.

Foreign Intelligence Surveillance Act. Title 50 of the U.S. Code, Chapter 36, Subchapter I, Section 1802, "Electronic surveillance authorization without court order," reads: "[T]he President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year," provided a series of conditions are met. Surveillance must be directed only at agents of foreign powers; there can be no likely surveillance of a "U.S. person"

The "U.S. person" definition "does not include a corporation or an association which is a foreign power," according to the same law. An "agent of a foreign power" is anyone, citizen or otherwise, who "knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power." Which means that people who do not help al-Qaeda or other terrorists are safe from surveillance

14th Circuit's 1980 decision case, involving the surveillance of a Vietnamese spy named David Truong, "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." The court added, "We take it for granted that the President does have that authority."

The court in the Truong case noted that the executive "not only has superior expertise in the area of foreign intelligence, it is also constitutionally designated as the pre-eminent authority in foreign affairs." And the Constitution's framers knew what they were about, according to the Truong court: "Attempts to counter foreign threats to the national security require the utmost stealth, speed and secrecy. A warrant requirement would add a procedural hurdle that would reduce the flexibility of executive foreign-intelligence initiatives."


21 posted on 02/05/2006 5:31:28 PM PST by Para-Ord.45
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To: West Coast Conservative

Way to go, Arlo! Draw a foregone conclusion, and announce it the day before you hold your ego-massaging hearings. Two big wastes of taxpayer money exposed: The Sphincter AND his hearings.


22 posted on 02/05/2006 5:32:35 PM PST by thelastvirgil ("When the roll is called in congress, they don't know whether to answer 'present' or 'not guilty'.")
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To: dirtboy

You are right, and thanks for setting that straight. It does not erase his past RINO history, but is somewhat vindicating in this instance.


23 posted on 02/05/2006 5:33:19 PM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: Extremely Extreme Extremist

Another news service -AP?--quoted Specter as also saying the law may not pass muster when measured against the Constitution.

vaudine


24 posted on 02/05/2006 5:34:44 PM PST by vaudine
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To: West Coast Conservative

25 posted on 02/05/2006 5:36:06 PM PST by SkyPilot
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To: West Coast Conservative

term limits, the only way to get our gov't back.....


26 posted on 02/05/2006 5:36:36 PM PST by ronnied (we are the only animals that bare our teeth in greeting...)
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To: muawiyah
"good Jewish boy"

????? Far be it from me to judge, not being Jewish myself, but are "good Jewish boys" all set with murdering unborn babies?

27 posted on 02/05/2006 5:38:55 PM PST by Past Your Eyes (Criticize me if you will, but just don't circumsize me any more. -Kinky Friedman)
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To: West Coast Conservative

The program is not in violation of FISA.What a ditz.


28 posted on 02/05/2006 5:39:07 PM PST by Thombo2
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To: West Coast Conservative

Gee, Arlen, why didn't you tell him that 3 years ago?


29 posted on 02/05/2006 5:45:08 PM PST by Brilliant
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To: dirtboy

"Funny, but right after that Specter said FISA was probably unconstitutional. Wonder why that was left off?"

It's called SPIN...


30 posted on 02/05/2006 5:45:25 PM PST by charrisGOP ("Troubles are often the tools by which God fashions us for better things." --Henry Ward Beecher)
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To: Past Your Eyes
Seems to me Specter too readily created a soundbyte for misuse by the MSM.

That right there is enough reason to get a new committee chairman.

31 posted on 02/05/2006 5:46:33 PM PST by muawiyah (-)
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To: dirtboy

Thanks for highlighting your link.

Well, I will reserve my desire for Arlen's head on a platter for awhile longer...


32 posted on 02/05/2006 5:48:42 PM PST by Donna Lee Nardo (+++ DEATH TO ISLAMIC TERRORISTS AND CHILD AND ANIMAL ABUSERS +++)
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To: Donna Lee Nardo; dirtboy

A concurrence, but Specter has got to learn to NOT give spin to the enemy.


33 posted on 02/05/2006 5:49:47 PM PST by muawiyah (-)
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To: Smokin' Joe

Read the article before you jump to an improper conclusion.


34 posted on 02/05/2006 5:49:53 PM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: West Coast Conservative
He is such a dick, if Frist had any onions he'd kick him off the judiciary he never ceases to piss me off.
35 posted on 02/05/2006 5:50:04 PM PST by boomop1
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To: thelastvirgil
For Arlen Specter to suggest that FISA is probably unconstitutional is huge.

The Senate Democrats know their hopes are nearly dashed.

RINOs are useful creatures from time to time.

36 posted on 02/05/2006 5:53:27 PM PST by Chunga (Mock The Left)
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To: West Coast Conservative

Sphincter you mean?


37 posted on 02/05/2006 5:53:29 PM PST by xcamel (Exposing clandestine operations is treason. 13 knots make a noose.)
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To: West Coast Conservative
For those you have not browsed or read it, here's a link to Gonzalez's 42 page 19 January 2006 White Paper defending the LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT.  (Adobe Acrobat required.)

Setting the Spector story aside, and disregarding the usual partisan politics, what we have here is a Constitutional contest between the executive and legislative branches.  Not anything really new.  Sometimes the President wins.  Sometimes he loses.

This time, he'll win . . . I hope

38 posted on 02/05/2006 5:53:44 PM PST by Racehorse (Where your treasure is, there will your heart be also.)
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To: muawiyah

It was so easy to believe that he would cut the legs out from under the President. He has done it so very often before.


39 posted on 02/05/2006 5:54:26 PM PST by asp1
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To: Extremely Extreme Extremist
I was just thinking... Toomey. *sigh*
40 posted on 02/05/2006 5:54:56 PM PST by Diva Betsy Ross (Embrace peace- Hug an American soldier- the real peace keepers.)
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