Posted on 11/19/2002 5:54:56 AM PST by KLT
Burning the Constitution
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Secret court OKs government spying on Americans
By REUTERS
Nov 19, 2002, 07:32
In a victory for the Bush administration, a secretive appeals court Monday ruled the U.S. government has the right to use expanded powers to wiretap terrorism suspects under a law adopted after the Sept. 11, 2001, attacks.
The ruling was a blow to civil libertarians who say the expanded powers, which allow greater leeway in conducting electronic surveillance and in using information obtained from the wiretaps and searches, jeopardize constitutional rights.
In a 56-page ruling overturning a May opinion by the secret Foreign Intelligence Surveillance Court, the three-judge appeals court panel said the Patriot Act gave the government the right to expanded powers.
Sweeping anti-terror legislation, called the USA Patriot Act and signed into law in October last year after the hijacked plane attacks, makes it easier for investigators andprosecutors to share information obtained by surveillance and searches.
In the May ruling, the seven judges that comprise the Foreign Intelligence Surveillance Court unanimously told the government it had gone too far in interpreting the law to allow broad information sharing.
The Justice Department appealed, saying the order limited the kind of coordination needed to protect national security.
Attorney General John Ashcroft hailed Monday's ruling and said he was immediately implementing new regulations and working to expedite the surveillance process.
"The court of review's action revolutionizes our ability to investigate terrorists and prosecute terrorist acts," he said. "This decision does allow law enforcement officials to learn from intelligence officials and vice versa."
FOURTH AMENDMENT ISSUES
Civil liberties groups, which had urged the appeals court -- comprised of three appeals court judges named by Supreme Court Chief Justice William Rehnquist -- to uphold the court's order, slammed the ruling.
"We are deeply disappointed with the decision, which suggests that this special court exists only to rubber-stamp government applications for intrusive surveillance warrants," said Ann Beeson of the American Civil Liberties Union.
The groups had argued that broader government surveillance powers would violate the Fourth Amendment which protects against unreasonable searches and seizures.
But the appeals court said the procedures as required under the Foreign Intelligence Surveillance Act were reasonable.
"We think the procedures and government showings required under FISA, if they do not meet the minimum Fourth Amendment warrant standards, certainly come close," the judges wrote in their ruling, which was partially declassified and published.
"We, therefore, believe firmly ... that FISA as amended is constitutional because the surveillances it authorizes are reasonable."
Ashcroft said the government would uphold the Constitution. "We have no desire whatever to, in any way, erode or undermine the constitutional liberties here," he said.
The appeal is the first since the Foreign Intelligence Surveillance Act court and appeals court were created in 1978 to authorize wiretap requests in foreign intelligence investigations. Under the procedures, all hearings and decisions of the courts are conducted in secret.
The appeal hearing was not public, and only the Justice Department's top appellate lawyer, Theodore Olson, presented arguments.
Although the court allowed "friend of the court" briefs to be filed by civil liberties groups and the National Association of Criminal Defense Lawyers, since the Justice Department was the only party the ruling can likely not be appealed.
"This is a major Constitutional decision that will affect every American's privacy rights, yet there is no way anyone but the government can automatically appeal this ruling to the Supreme Court," Beeson said.
© Copyright 2002 by Capitol Hill Blue
So do I...I pray you're right...let's hope this new law isn't misconstrued, or misused...
Not only that, but THOUSANDS of foreign nationals are working as scientists and engineers at such places as Raytheon, Lockheed, and many other defense contractors. Who knows how many are relaying anything of interest to their native land or "others"?
But yes, there is WIDESPREAD fraud in the H1-B program, where many companies apply for more visas than they actually need. I wonder what happens to all of those "extra" visas.....
Still, there are NO steps being taken to curb these abuses that I can see, and our "representatives" are all for allowing these people in.
I wonder what we would do if while we're busy in Iraq, China decides to attack Taiwan. What if North Korea decided to attack South Korea at the same time? It could turn ugly REALLY quick.
So, what's the scoop with this?
I think it means that on your cash where it says "THIS NOT EIS LEGAL TENDER FOR ALL DEBTS, PUBLIC AND PRIVATE" is now null and void.
So, is all my cash now worthless due to the Patriot Act? We crossed on major threshold by implement the Federal Reserve and fiat money, seems like another Rubicon is getting swum here.
What would the citizens of America do? I don't mean what you'd like to see happen. How do you think America would react and what would be the steps that would be taken, and by whom? Not pretty, in my opinion.
I'm going to make you and the other terrorists unhappy I'm afraid. I am in charge.
Hank
They would sadly do what they have done so far, and what all the liberal repblicans on these threads are recommending, they will submit, and they will submit to any tyranny so long as it will make them feel safe.
Oh, they only want to save America from terrorists. But when all the freedoms are gone, what is there to save.
Here's an interesting link to one of today's posts, oddly ignored: Milksop Nation
It explains why Americans have and will simply fall over to tryanny. It is very sad.
Hank
That is a valid question. I don't know the text of what the Justice department is proposing, nor do I know of the text of the Homeland security bill either. If it is as you refer to it an "open ended search" allowance to the Justice department or any other department, then it is wrong and is going too far. As such it needs to be opposed.
I would like to find out more on the details of these bills or rulings. What I don't like from some comments I read is an automatic assumption of evil without evidence to support it. I've seen way too much conspiratorial thinking and not enough rational deliberation.
Still researching...
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