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To: Cboldt

Are you saying that York is wrong and it's not legal?


291 posted on 03/17/2006 7:40:14 AM PST by Mo1 ("Stupidity is also a gift from God, but it should not be abused." Pope John Paul II)
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To: Mo1
Are you saying that York is wrong and it's not legal?

I said, " ... it's an error in logic, on several levels, to point to In Re: Sealed case and say 'that stands for the proposition that the NSA Terrorist Surveillance Program is Constitutional.'"

First, In re: Sealed Case wasn't on the issue of what constitutes the extent of permissible wiretapping - it never got to a 4th amendment analysis. Second, we don't know what sort of "probable cause" (shorthand for finding a connection to foreign attachment) is present in the NSA Terrorist Surveillance Program. It's not possible to draw a reasoned opinion on constitutionality until a fact pattern is presented. Third, the cases that In re: Sealed Case relies on, primarily Truong and Keith, a) involved judicial oversight and b) resulted in some evidence being tossed for failure to meet 4th amendment requirements.

321 posted on 03/17/2006 7:50:45 AM PST by Cboldt
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