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The Real Wiretapping Scandal (Our TSP is No Longer Effective, Where's the Outrage?)
Wall Street Journal ^ | July 30, 2007 | DAVID B. RIVKIN JR. AND LEE A. CASEY

Posted on 07/30/2007 1:27:44 PM PDT by RWR8189

Last Tuesday's Senate Judiciary Committee hearing--at which Attorney General Alberto Gonzales was insulted by senators and ridiculed by spectators--was Washington political theater at its lowest. But some significant information did manage to get through the senatorial venom directed at Mr. Gonzales. It now appears certain that the terrorist surveillance program (TSP) authorized by President Bush after 9/11 was even broader than the TSP that the New York Times first revealed in December 2005.

It is also clear that Mr. Gonzales, along with former White House Chief of Staff Andrew Card, tried to preserve that original program with the knowledge and approval of both Republican and Democratic members of key congressional committees. Unfortunately, they failed and the program was narrowed. Today, the continuing viability of even the slimmed-down TSP--an indispensable weapon in the war on terror--remains in serious doubt.

The administration's most immediate concern since 9/11 has understandably been whether al Qaeda sleeper agents, already inside the U.S., would carry out additional catastrophic strikes. To counter this real and continuing threat, President Bush authorized the National Security Agency (NSA) to intercept a full range of al Qaeda communications, presumably on a global basis.

The TSP was not implemented pursuant to the Foreign Intelligence Surveillance Act (FISA), which permits a special federal court to issue surveillance orders when Americans and others are targeted for intelligence gathering inside the U.S. Rather than utilizing FISA's cumbersome and restrictive procedures, the administration relied on the president's inherent constitutional authority as commander in chief to monitor enemy communications in wartime, as presidents have done since Lincoln's day.

In addition, the administration correctly relied on Congress's Sept. 18, 2001, authorization for the use of military force against al Qaeda. In 2004, the Supreme Court ruled that this statute authorized the president to employ all the "fundamental incident\[s\]

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Editorial; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: 110th; congress; counterterrorism; doj; globaljihad; govwatch; surveillance; tsp

1 posted on 07/30/2007 1:27:45 PM PDT by RWR8189
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To: RWR8189
the administration relied on the president's inherent constitutional authority as commander in chief to monitor enemy communications in wartime

The problem is not that they're monitoring enemy communications, but that they claim the right to monitor citizens' communications.

Leave it to the next Dem president to define the word "enemy", and see what happens. We dare not give W any powers that we would not also give President Hillary/Obama/other-nightmare.

2 posted on 07/30/2007 1:34:17 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
I think we all know who the demoncrats think is the enemy. It’s US.

What we must make sure that NO demoncrat gets elected President and that they loose Congress by enough cut and run cowards that we can fight this war the way it’s supposed to be fought.

3 posted on 07/30/2007 1:41:51 PM PDT by BMC1 (ISLAM AND DEMOCRATS ARE THE ARMY OF SATAN. THEY ARE AL-MUFSIDOON (CRIMINALS BOUND FOR HELL.))
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To: BMC1

Given the endless nature of this fight, what matters is not just the next election.

Unless we stop having elections, there will be a Democrat president before we have eliminated all terrorism.


4 posted on 07/30/2007 1:48:38 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball

And surely the enemy is kind enough to differentiate himself from the rest of the citizenry he is hiding amongst...


5 posted on 07/30/2007 3:27:30 PM PDT by Crim (Dont frak with the Zeitgeist....)
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To: RWR8189

thanks, bfl


6 posted on 07/30/2007 8:17:23 PM PDT by neverdem (Call talk radio. We need a Constitutional Amendment for Congressional term limits. Let's Roll!)
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To: Crim
And surely the enemy is kind enough to differentiate himself from the rest of the citizenry he is hiding amongst...

So we should all willingly surrender our Constitutional rights until terrorism as a tactic has been eradicated from the globe, right?

Sorry, but Benjamin Franklin knew what he was talking about. Sad to see that so many have forgotten....

7 posted on 07/31/2007 8:56:25 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
"The problem is not that they're monitoring enemy communications, but that they claim the right to monitor citizens' communications."

Slight correction. They claim the right to monitor citizens' communications with known terrorist connections."

8 posted on 07/31/2007 9:00:32 AM PDT by avacado
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To: avacado

And so long as that remains the case, they can continue to get warrants for the wiretaps. No problem.

As long as Alberto Gonzales is in charge of the Justice Department, we must watch them like hawks.


9 posted on 07/31/2007 9:19:38 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
Yes, the program needs to be watched.

But I have no problem with them monitoring you if they apprehend a terrorist and that terrorist has your cell phone number in his cell phone.

10 posted on 07/31/2007 9:25:07 AM PDT by avacado
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To: avacado

That would be enough to get a warrant.

I believe we are in agreement.


11 posted on 07/31/2007 9:50:21 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball

If the calls are international, either originating here or coming here, yes.


12 posted on 07/31/2007 9:55:15 AM PDT by statered ("And you know what I mean.")
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To: highball

WHICH RIGHT HAVE YOU SURRENDERED?


13 posted on 07/31/2007 3:36:33 PM PDT by Crim (Dont frak with the Zeitgeist....)
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To: Crim

Me? None. I won’t surrender any rights without a fight.

They Federal Government will chip away at the right to privacy we all have, if we let it. I support the reasons behind it, but that doesn’t mean we ought give the Fed unlimited and unchecked power.

Will you not mind if the next Administration continues to maintain and build a massive database of private citizens’ phone calls within the United States, citizens without suspected terrorist ties? Will you trust them to only use this database to investigate terrorists?

What if that next President was a Dim?


14 posted on 08/01/2007 7:18:58 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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