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To: Txsleuth
I guess they are using the authority under AUMF as a separate justification than the one he has under the Constitution.

The administration has basically raised three arguments. The only one that holds water under intense pressure is the inherent authority argument, countered with the 4th amendment.

The "legal under FISA" argument, which Gonzales is making, stinks to high heaven. It is a poor argument, and I am surprized it is even made.

THe "legal under AUMF" argument is fair, but has a number of foraward-looking weaknesses that I have pointed out above.

1,654 posted on 02/06/2006 12:13:14 PM PST by Cboldt
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Bringing up the Ames/Search history is also a weak argument. There was a FISA surveillance law, and Clinton -DID- get warrants for the electronic surveaillance.


1,670 posted on 02/06/2006 12:14:58 PM PST by Cboldt
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To: Cboldt

Has something changed..I thought Gonzales was not making the argument under FISA at all!


1,677 posted on 02/06/2006 12:15:45 PM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: Cboldt

I agree with your take on all three...

BUT, wouldn't you consider the FIRST one the most important anyway??


1,719 posted on 02/06/2006 12:23:53 PM PST by Txsleuth (l drink tea, not kool-aid.)
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To: Cboldt

there is also another argument here, I am not sure where it fits at all - when you make an overseas phone call, once your voice leaves the confines of the united states on that wire - as far as I am concerned, its outside the control of US laws. this is also the basis for things like echelon, as many of these "wiretap" agreements have as their basis, agreements between the US and foreign carriers, who are not subject to US laws.


1,744 posted on 02/06/2006 12:30:26 PM PST by oceanview
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