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Judge orders end to NSA wiretapping
baltimoresun.com ^ | August 17, 2006 | Sarah Karush

Posted on 08/17/2006 9:49:00 AM PDT by neverdem

click here to read article


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To: DoughtyOne

:)


61 posted on 08/17/2006 10:21:16 AM PDT by Calpernia (Breederville.com)
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To: hardknocks

CNN covered it - and even Jeffrey Toobin was saying that this decision doesn't mean much.

but again, this is a good opportunity for the white house political operation. this is a winning issue for our side, and Tony Snow should be out there trash talking the ACLU and liberal judges.


62 posted on 08/17/2006 10:25:06 AM PDT by oceanview
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To: WhiteGuy
If a terrorist's cell phone is captured, we want to monitor calls to any of the numbers in it. However, just having a phone number in a cell phone of a terrorist is not sufficient for probable cause. The number could be a pizza joint the terrorist ordered from. So you can't just get a warrant. Now your choice - monitor the calls or wait until something bad happens and get blamed for not connecting the dots?

Waiting a few days for a warrant review is absurd. By the time the warrant is issued the rest of the network may realize the phone has been captured and bug out. There is a procedure to start monitoring in anticipation of getting a warrant which brings us to the next problem: The amount of information required to get such a warrant. The FISA applications have been described by people familiar with them as being more than an inch thick of paper. You capture a terrorist's cell phone and what? Start an army of lawyers killing trees? What's the FISA court going to do with tens of thousands of applications? Rubber-stamp them? Then we've negated the whole purpose of having the court "review" them.

It's simple: In wartime you monitor the enemy's communications. You don't stop because some of the enemy have made it ashore.

63 posted on 08/17/2006 10:25:08 AM PDT by Dilbert56
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To: neverdem
RealClearPolitics:

The Detroit Free Press runs a lengthy and interesting profile on Taylor playing up the importance of her decision before coming to this rather anticlimactic conclusion:

But even if Taylor harpoons the spying program, experts said, the decision likely would be overturned by the U.S. 6th Circuit Court of Appeals.

"Given the composition of the 6th Circuit and its previous rulings in related areas, it seems more likely to favor national security over civil liberties if that issue is squarely presented," said Carl Tobias, a law professor at the University of Richmond in Virginia. "And that's what this case is all about."

64 posted on 08/17/2006 10:26:07 AM PDT by siunevada (If we learn nothing from history, what's the point of having one? - Peggy Hill)
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To: WhiteGuy

a warrant against who? you don't know who you want to tap in advance.


65 posted on 08/17/2006 10:26:17 AM PDT by oceanview
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To: teawithmisswilliams
For one thing, getting a warrant would mean revealing too much information to Carter appointees like this one.

Strawman argument

Those who are making phone calls to jihadis and suspected jihadis world-wide (you know, the people who want to destroy our nation and its freedoms?), should be subjected to having their phone calls to the enemy monitored.

I agree, show cause, get a warrent do the job.

The USA has operative around the world monitoring communications all day, every day.

This information is, and always should be used to acquire permission for wiretaps within the USA.

66 posted on 08/17/2006 10:26:36 AM PDT by WhiteGuy (It's about the People Who Count the Votes................. - Wally O'Dell)
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To: phillyfanatic

This lefty activist was born in 1932, which means she's now 74. Time for her to be put out to pasture. (And way past time for Jimmah to piously exit the world scene.) She can collect her hefty taxpayer-funded federal pension, but she can't work to destroy us from the bench.


67 posted on 08/17/2006 10:27:16 AM PDT by teawithmisswilliams (Question Diversity)
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To: ndt

you can tune into any episode of COPS, and see more actual civil rights violations then monitoring of FOREIGN telephone calls - which are unprotected in any case.


68 posted on 08/17/2006 10:27:19 AM PDT by oceanview
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To: river rat

Yeah, adults in the appeals courts or the SCOTUS will throw this out for sure.


69 posted on 08/17/2006 10:27:30 AM PDT by defenderSD ("Rise early, work hard, strike oil." - J. Paul Getty)
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To: oceanview

Toobin is an excellent political writer. I've read a few of his books.


70 posted on 08/17/2006 10:35:18 AM PDT by Calpernia (Breederville.com)
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To: WhiteGuy

You obviously are totally ignorant of the issues and must therefore be a RAT!!


71 posted on 08/17/2006 10:35:19 AM PDT by MiHeat
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To: DoughtyOne
Theoretically it's OK to go to the FISA court, but as a practical matter that could take too long in some situations and I've read that FISA has some liberals on it who are too restrictive about wiretapping terror suspects. If NSA is restricted too much within the US, they can probably just their operations offshore and wiretap from the other end of the phone lines.

It's a difficult issue. We don't want to give a president like Clinton unlimited power to wiretap us, but we also don't want to stop the NSA from gathering crucial intelligence in the WOT.

72 posted on 08/17/2006 10:35:23 AM PDT by defenderSD ("Rise early, work hard, strike oil." - J. Paul Getty)
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To: WhiteGuy
What is so hard about showing cause and getting a warrent?

Well, President Rodham may find getting a warrant just too much bother.

73 posted on 08/17/2006 10:37:01 AM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: ndt
There's been lots of talk about losing our civil rights but no one has been able to name one. Now known Al Qaida affiliates have a "right to privacy"? Amazing.

Perhaps I could argue I had a "right" to open a bank account anonymously or a "right" to take pictures of the GW Bridge. Seems to me these inconveniences are being traded off in favor of my right not to be killed by the enemy.

74 posted on 08/17/2006 10:39:37 AM PDT by Dilbert56
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To: Doctor Stochastic; WhiteGuy

You just made WhiteGuy's argument for him. The argument for going to FISA is to limit the power of Bill/Hill types of presidents.


75 posted on 08/17/2006 10:40:45 AM PDT by defenderSD ("Rise early, work hard, strike oil." - J. Paul Getty)
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To: Dilbert56

>>>>There's been lots of talk about losing our civil rights but no one has been able to name one.

Healthy People 2010


76 posted on 08/17/2006 10:42:17 AM PDT by Calpernia (Breederville.com)
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To: neverdem
I'd like to publicly call for the impeachment, revocation of citizenship, and deportation, of U.S. District Judge Anna Diggs!

Lets see ya interpertate sharia beeeyatch!

77 posted on 08/17/2006 10:44:44 AM PDT by rawcatslyentist (I'd rather be carrying a shotgun with Dick, than riding shotgun with a Kennedyl! *-0(:~{>)
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To: DoughtyOne

Subtle. Very subtle. I figured you were either hanging yourself on your own ignorance, or you were a remarkably deadpan writer.


78 posted on 08/17/2006 10:47:25 AM PDT by SlowBoat407 (I've had it with these &%#@* jihadis on these &%#@* planes!)
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To: Liz

That post from yesterday is still on my list to read.

But, right here, COULD what you told me about RICO be done here?

Could RICO be used to charge this judge with Treason or something?


79 posted on 08/17/2006 10:48:55 AM PDT by Calpernia (Breederville.com)
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To: Dilbert56
"There's been lots of talk about losing our civil rights but no one has been able to name one. "

The right to be free from unreasonable search and seizure. You and I have both lost that right. You don't' have to have been directly affected by the loss of a right to have lost it.

If the 2nd amendment were to be repealed, you would sill have lost that right even if they didn't come to take your gun right away. The point is that they could anytime they wanted to.

"Now known Al Qaida affiliates have a "right to privacy"?"

If they are "known affiliates" then a warrant would be a piece of cake.
80 posted on 08/17/2006 10:54:28 AM PDT by ndt
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