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NYT: Get Your NSA Stories Straight
Newbusters ^ | Dec. 20, 2005 | Mithridate Ombud

Posted on 12/20/2005 1:18:36 PM PST by Froufrou

Dear journalists of the New York Times,

Perhaps you'd like to take a few moments to gather yourselves and figure out which of your stories are correct and which stories are politically motivated fabrications.

COURT SAYS U.S. SPY AGENCY CAN TAP OVERSEAS MESSAGES By DAVID BURNHAM, SPECIAL TO THE NEW YORK TIMES (NYT) 1051 words Published: November 7, 1982

A Federal appeals court has ruled that the National Security Agency may lawfully intercept messages between United States citizens and people overseas, even if there is no cause to believe the Americans are foreign agents, and then provide summaries of these messages to the Federal Bureau of Investigation.

Because the National Security Agency is among the largest and most secretive intelligence agencies and because millions of electronic messages enter and leave the United States each day, lawyers familiar with the intelligence agency consider the decision to mark a significant increase in the legal authority of the Government to keep track of its citizens.

Reverses 1979 Ruling

(Excerpt) Read more at newsbusters.org ...


TOPICS: Foreign Affairs
KEYWORDS: nsa; nyt; patriotleak
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To: aligncare; paul51; Lizarde

Well stated, align. And Paul, I wonder if that swamp has anything to do with that transit problem in Manhattan? That would make it a cesspool pretty soon, would it not?


21 posted on 12/20/2005 1:45:05 PM PST by Froufrou
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To: Froufrou

we have known for a long time that the libs are watching, waiting and ready to pounce on W for any infraction that could lead to impeachment. obviously the WH knows this too. even if W were inclined to do something shady (I personally don't believe he would), he is not stupid enough to walk into a trap. I think everything he does is double and triple checked for legality, if only for this reason.


22 posted on 12/20/2005 1:45:17 PM PST by tazannie
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To: Froufrou
That may be the case, but that omitts two important possibilities.

One, that the process may have a high success rate, but to follow the process could take days or weeks before it can be presented to a judge. The, after the request is approved, you'd still have to translate and analyze the data, which could take several more hours or days. That's a lot of time for a country that expects 'the dots' to be connected immediately. Remember the outrage after the 'tomorrow is zero hour' chatter that was leaked?

Two, that the internal processes ensure that no requests go before the FISA court that aren't basically guarenteed to succeed. The issue with examining Zacarias Moussaoui's laptow, for instance. As I recall, the FBI wouldn't let their agents submit the request to the FISA court because it didn't meet their internal muster.

So, it's not quite as simple as as 1900 to 5 ratio win/lose ratio.

23 posted on 12/20/2005 1:50:46 PM PST by Steel Wolf (* No sleep till Baghdad! *)
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To: Froufrou
Just around the area of W 43rd Street
24 posted on 12/20/2005 1:52:16 PM PST by paul51 (11 September 2001 - Never forget)
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Comment #25 Removed by Moderator

To: Steel Wolf

I think we're mixing semantics. I was saying that the requests for court order were denied only 5 times in 1900, making it pretty much a waste of time in my book to even request one.

Your statement that the internal muster was not met when a request for Zarqawi's laptop was denied is not lost on me...I get your point that every request is pertinent.

But, you're correct that 'connecting the dots' won't be readily enacted with more red tape. I never intended to condone that.


26 posted on 12/20/2005 2:00:44 PM PST by Froufrou
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To: Bavarian Leprechaun; paul51

Good points! Pass the St. Pauli's...


27 posted on 12/20/2005 2:01:31 PM PST by Froufrou
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To: Lizarde

Thanks for this--a case I can quote!!


28 posted on 12/20/2005 2:06:59 PM PST by MizSterious (Anonymous sources often means "the voices in my head told me.")
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Comment #29 Removed by Moderator

To: Southack
"The NYT is still in denial that their Abu Ghraib fabrications didn't bring down the Presidency"

Also, the ACLU lost this particular case in 2002. They were "considering their options". You KNOW the CLU hates to lose a case....new tagline!!!

30 posted on 12/20/2005 2:12:15 PM PST by cake_crumb (In God we Trust, so the ACLU can STFU.)
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To: meyer
Seems that the DNC/NYT prefers sensationalization to facts.

The New York Times will never learn from two very sordid points in their history, the reporting by Walter Duranty in the early 1930's that covered up the forced creation of farm collectives in the Soviet Union by Stalin (in which something like 10-14 million Soviet citizens died from mass starvation, forced labor and mass shootings) and the recent scandal with Jayson Blair that forced out Howell Raines and Gerald Boyd from the paper.

31 posted on 12/20/2005 2:20:01 PM PST by RayChuang88
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To: Praetorian42

No offense taken. Welcome to Free Republic!
Lizarde has answered your question.
Let your "Conservative" education begin.


32 posted on 12/20/2005 2:20:37 PM PST by UltraKonservativen (( YOU CAN'T FIX STUPID!!!))
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To: Froufrou
The "Wiretapgate" story is blowing up on the NYT with about the same ferocity as the "Memogate" story blew up at CBS.

NYT - "All the news we see fit to create"

33 posted on 12/20/2005 2:28:40 PM PST by HardStarboard
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To: Froufrou

Thanks for posting this!


34 posted on 12/20/2005 2:32:23 PM PST by Rocky (Air America: Robbing the poor to feed the Left)
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To: MizSterious
Here are links to the cited case ...

In Re: Sealed Case No. 02-001, 310 F.3d 717 (Foreign Int. Surv. Ct. Rev. 2002)
http://www.fas.org/irp/agency/doj/fisa/fiscr111802.html <- HTML
http://www.epic.org/privacy/terrorism/fisa/FISCR_opinion.pdf <- PDF

And here are links to a couple more that are related ...

United States v. United States District Court (Keith), 407 US 297

The Government urges that the searches at issue in this case fall within an established exception to the warrant requirement. According to the Government, searches conducted for the purpose of foreign intelligence collection which target persons who are agents of a foreign power do not require a warrant. The Defendant asserts that such an exception does not exist and should not be recognized by this Court.

The Supreme Court has acknowledged but has not resolved this issue. See United States v. United States District Court (Keith ), 407 U.S. 297, 321- 22 (1972). Circuit courts applying Keith to the foreign intelligence context have affirmed the existence of a foreign intelligence exception to the warrant requirement for searches conducted within the United States which target foreign powers or their agents. See United States v. Clay, 430 F.2d 165, 171 (5th Cir.1970); United States v. Brown, 484 F.2d 418, 426 (5th Cir.1973); United States v. Butenko, 494 F.2d 593, 605 (3d Cir.1974); United States v. Buck, 548 F.2d 871, 875 (9th Cir.1977); United States v. Truong Dinh Hung, 629 F.2d 908, 913 (4th Cir.1980). . . . No court has considered the contours of such an exception when the searches at issue targeted an American citizen overseas.

US v. Usama Bin Laden, US Dist. Ct., S.D. NY, Dec. 19, 2000, 2000 WL 1858492


35 posted on 12/20/2005 2:32:32 PM PST by Cboldt
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To: Froufrou

bttt


36 posted on 12/20/2005 2:34:26 PM PST by timestax
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To: pocat

bttt


37 posted on 12/20/2005 2:49:34 PM PST by timestax
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To: Froufrou

Ain't the internet grand. Less than a week after the NYTimes launches their 'Bush is spying on Americans' campaign, numerous past news stories are unearthed showing acquiescence on the part of the Times, members of congress, etc to the same sort of activity in the past under Clinton (and not even for the purpose of countering terrorists).


38 posted on 12/20/2005 2:50:23 PM PST by 6SJ7
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To: Ryan Ruck

bump


39 posted on 12/20/2005 3:19:44 PM PST by timestax
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To: Froufrou

mega bump for now, later, and way later


40 posted on 12/20/2005 3:20:11 PM PST by beebuster2000
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