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Poll Finds Mixed Support for Domestic Wiretaps

aspenbordr writes "The NYTimes reports that Americans are growing more and more concerned about the tradeoff between 'fighting terrorism' and civil liberties. Forty-seven percent of those polled responded they they did not support 'wiretapping in order to reduce the threat of terrorism'." From the article: "Mr. Bush, at a White House press conference yesterday, twice used the phrase 'terrorist surveillance program' to describe an operation in which the administration has eavesdropped on telephone calls and other communications like e-mail that it says could involve operatives of Al Qaeda overseas talking to Americans. Critics say the administration could conduct such surveillance while still getting prior court approval, as spelled out in a 1978 law intended to guard against governmental abuses."

851 comments

  1. 47%? by muhgcee · · Score: 2, Insightful

    It is ridiculous that 47% of Americans are not completely up-in-arms about this. We can't have our president breaking any law that he wants to.

    1. Re:47%? by muhgcee · · Score: 1

      or 53, whatever. They're both close to 50, so my point is still made either way.

    2. Re:47%? by dc29A · · Score: 3, Interesting

      It is ridiculous that 47% of Americans are not completely up-in-arms about this. We can't have our president breaking any law that he wants to.

      I am actually suprised that only 47% are supporting it. With all the propaganda and "War on Terror" going on having 47% support is pretty damn good, not that I agree with it. It just shows how easily the big masses of people can be influenced by constant "War on Terror" propaganda.

    3. Re:47%? by CastrTroy · · Score: 1

      The president makes the laws. Therefore, anything he deems to be legal is legal. I think what he is doing is very immoral, but I recall someone saying before that this kind of action is actually allowed by US law. The problem is, many people are brought up to not question authority. If they say it's good for you, then you do it. If they tell you not to do then you don't do it. You don't ask questions about why stuff is the way it is.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:47%? by muhgcee · · Score: 1

      Not sure if you were being sarcastic or not, but the president most assuredly does not make the laws.

    5. Re:47%? by timeOday · · Score: 1
      The president makes the laws.
      Presidents don't make laws. Kings and dictators do.
    6. Re:47%? by gorbachev · · Score: 3, Insightful

      Why do you find this surprising? The country is divided evenly on everything thanks to decades of polarizing work by political consultants running candidates' campaigns.

      If Bush made breathing illegal, you'd still have 45% of the people support it. People are lemmings.

      --
      In Soviet Russia, I ruled you
    7. Re:47%? by portwojc · · Score: 2, Insightful

      53% are supporting it. The submitter decided to not quote the article (on that part) cause it didn't work with his/her agenda and didn't cause confusion.

      The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism"; 46 percent disapproved. When the question was asked stripped of any mention of terrorism, 46 percent of those respondents approved, and 50 percent said they disapproved.

      Take terrorism out and the numbers shift. I wonder why? Does that mean americans care about fightining terrorists?

      Also just because someone says "it's against the law" doesn't make it against the law. Right now as the President has said it is within the law - they research these things. Of course it is up to the courts to decide if it is or isn't. So wait for the hearing.

      If it is declared legal watch this story quickly be forgotten...

      "where I come from people are innocent until proven guilty"

    8. Re:47%? by TripMaster+Monkey · · Score: 2, Insightful


      The president makes the laws. Therefore, anything he deems to be legal is legal.

      Um...are you from America???

      America is (was?) based upon the rule of law. The doctrine of "the King can do no wrong" was exactly why the Founding Fathers fought and died to found this country. The doctrine of "the King can do no wrong" is, coincedentally, exactly what the new King George hopes to secure as his God-given right through the doctrine of the 'unitary executive'.

      Bush must be stopped. If not now, when? If not by us, by whom?

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    9. Re:47%? by Syberghost · · Score: 1

      Perhaps you should read the poll, instead of the article.

      68% of Americans polled are comfortable with the Bush Administration conducting wiretaps of Americans "about whom the government is suspicious". Most people are OK with the idea that if your phone number shows up in the outgoing call list of terrorists overseas, your calls might get listened to.

      Not just a majority, a comfortable supermajority.

      You might also want to look at the differences in support between the overall numbers and those boiled down to "likely voters". As always, people who don't vote don't like the government, but people who actually give a crap enough to go vote have a different story to tell.

    10. Re:47%? by rbannon · · Score: 1

      This is really not a matter of public opinion, we have laws that are solely there to protect us from the mob. It really doesn't matter what the mob thinks, we have a right to be left alone.

      Now, if you want to get "completely up-in-arms" over our the oppressive government you'll just have to become a freedom fighter, oh I forgot, then you'd become a terrorists. Sorry, just submit and continue to fork over half of your labor (taxes) to our friends protecting us (government) from people like you.

      If you want to stop this nonsense you'll have to upset the government's revenue stream. The only way to do that is to get them out of the currency and tax business. Good luck.

      Free iPod?

    11. Re:47%? by SilverspurG · · Score: 1

      Following the "king can do no wrong" philosophy. Some Congressmen have said that Congress should decide whether or not the President has the authority to do what Bush is doing, and Congress should be the body that decides whether or not to give him that authority.

      Has anyone ever thought that maybe even Congress doesn't have the authority to give Bush the authority to do what he wants to do? For crying out loud. The 9th and 10th Amendments were the stop-bits on the Constitution for a good reason. There are some things that Government simply cannot legally engage in.

      --
      fast as fast can be. you'll never catch me.
    12. Re:47%? by muhgcee · · Score: 1

      Surprising? No. Ridiculous? Yes.

    13. Re:47%? by Smidge204 · · Score: 4, Insightful

      The President is the President, not the Pope. While it has certaintly gone downhill (and continues to do so), we're not quite at the "what the President says is law" stage yet. Laws are made by Congress, and the President can either ratify them or veto them. If he vetos the law, Congress can override him with another vote.

      The problem is exactly as you said: people are brought up to not question authority. What he is trying to do is illegal, but nobody seems to be doing anything about it because they either think it is legal or it is at least justified by the situation (eg: Fightin' ter'ists!!1!)

      As an aside, has anyone else noticed that the people who are most afraid of terrorism are the ones who live where there is the absolute lowest chance of being targeted?

      =Smidge=
      (Ter'ists ter'ists ter'ists 9/11 9/11 mission accomplished!)

    14. Re:47%? by Anonymous Coward · · Score: 1, Insightful

      I'm not suprised at all. If George W Bush suggested the death penalty for anyone who doesn't agree with him, 47% of Americans would support it. There seems to be a ~47% of voters that simply believe that whatever the president says is right no matter what. Have you ever talked to your average Bush supporter? A few actually can articulate the reasons they like what he's doing, and I respect that, but the rest seem to be blind followers that will cover their ears and go "LALALALALA" anytime they hear anything that contradicts the current administration.

      Maybe someone can point out the origins of this: there was a poll in some newpaper asking whether Bush has united our country or divided it. The results were 49% for united and 49% for divided. Gotta love that one.

    15. Re:47%? by Golias · · Score: 1

      For the entire duration of the Cold War, NSA policy was "tap all international calls outgoing from the US, but don't tell anybody." The fact that the government is currently telling people that they are doing it is actually a huge improvement.

      By the way "Domestic Wiretaps" is an entirely misleading term. If somebody in Cleveland calls somebody in Syria, that is not a "domestic" call, and that's what we are talking about here.

      --

      Information wants to be anthropomorphized.

    16. Re:47%? by IAmTheDave · · Score: 4, Insightful
      The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism"

      Shudder.

      Ya know, I guess this is why this country was set up as a Republic to begin with, because as I get older, its becoming readily apparent that the people don't always know what's best for them. Marketing of this "War on Terror" is done so well that people are readily willing to hand over their freedoms for an obviously flawed perception of additional security. Those who rally against this government abuse and overreaching Big Brother attitude are labeled as unpatriotic.

      Shudder.

      --
      Excuse my speling.
      Making The Bar Project
    17. Re:47%? by mapmaker · · Score: 2, Funny

      Don't forget, 50% of Americans are below average intelligence.

    18. Re:47%? by corbettw · · Score: 1

      It is ridiculous that 47% of Americans are not completely up-in-arms about this. We can't have our president breaking any law that he wants to.

      You need to RTFS(ummary):
      Forty-seven percent of those polled responded they they did not support 'wiretapping in order to reduce the threat of terrorism'.

      Which means a small majority of Americans support eavesdropping on conversations which originate outside the borders of the country by suspect terrorists.

      Which law did the President break, exactly? Certainly not lying to a Federal judge in a civil rights case (which, last I checked, was not sufficient to remove him from office).

      --
      God invented whiskey so the Irish would not rule the world.
    19. Re:47%? by Master+of+Transhuman · · Score: 1, Insightful


      Wait for the hearing, my ass. Impeach this fucktard NOW and THEN we can file charges against him and have a hearing before the Supreme Court and not before (unless the ACLU case is sped up so we don't have to wait another two years and let this asshole completely destroy the country.)

      In three to six months, the fucking Israelis are going to bomb Iran with US help and the biggest military disaster in the US history is going to assist the (currently limping) US economy to evaporate. You'll be paying $20/gallon at the pump due to this moron.

      And for your fucking information, everybody on the planet except Bush and Gonzales has concluded he broke the law. If you listen to some Justice Department toady to come to your conclusions, you're an idiot.

      As for Americans, they're too fucking stupid to know whether any of this shit is useful in "fighting terrorism" (which it isn't, as any two-year-old SHOULD be able to comprehend). All they can do is shit a brick when somebody waves the word "threat" on a flag and bow down to the nearest alpha male - which unfortunately happens to be the current dry-drunk, corrupt, Christian fanatic. Jesus Baron von Christ, Ayatollah Khamenei has more common sense than our dipshit!

      This asshole is what the concept of impeachment was introduced FOR. Use it!

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    20. Re:47%? by Tibor+the+Hun · · Score: 1

      But how?

      --
      If you don't know what AltaVista is (was), get off my lawn.
    21. Re:47%? by galaxyboy · · Score: 0, Troll
      I guess perhaps 53% of Americans have nothing to hide and would rather sacrifice a little privacy to help prevent another terrorist attack.

      Honestly, if you are not doing anything illegal, what part of "liberty" is being taken away by wiretaps?

    22. Re:47%? by SilverspurG · · Score: 1
      but the rest seem to be blind followers that will cover their ears and go "LALALALALA" anytime they hear anything that contradicts the current administration
      Sounds like #linux on Undernet or Neko-Net. Maybe GW Bush is a closet IRC addict?
      --
      fast as fast can be. you'll never catch me.
    23. Re:47%? by SilverspurG · · Score: 1

      I bet that 68% of Germans were comfortable with relocation camps because it simply didn't affect them. That didn't stop the rest of the world from deciding that the relocation camps weren't an acceptable excuse for segregating and deporting millions of people.

      --
      fast as fast can be. you'll never catch me.
    24. Re:47%? by TheNetAvenger · · Score: 1, Troll

      One of the wiretaps was on the husband of Kerry's campaign manager...

      I would assume to indirectly monitor his wife's work on the Kerry Campaign. That is up for opinion though...

      So tell me again how this is keeping us safe from terrorism?

    25. Re:47%? by Master+of+Transhuman · · Score: 1


      That should be rephrased as "people who are too dumb fucking pig witless to know what goverment is, who therefore vote it in every election, support the notion of all-powerful governments."

      And the figure is a lot higher than 63% - because most of those opposing Bush are Democrats and would accept the exact same actions if done by a Democratic President.

      Well, it's irrelevant anyway. This country is history and won't have any significant power in twenty to fifty years anyway. It's over for the US. It has been passed by in the march of history and has been in decline now for several decades. History will mark the 1960's and Vietnam as the point when the country went into decline. Nothing can reverse it now.

      Bush is doing history's work - implementing the end of empire while under the confused notion that he is working for empire. In that sense, we probably should support him.

      Naah - why make it easy for the fucktard? Impeach his ass!

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    26. Re:47%? by Anonymous Coward · · Score: 1, Interesting
      We can't have our president breaking any law that he wants to.

      Why not? The previous president did, and his approval ratings were something like 127%.

      And before anybody repeats the mantra of "it was just about sex (which he didn't have)", please read "how Clinton's support for sexual harassment law and the independent counsel statute came back to haunt him."

      ...

      Nonetheless, Clinton does not deserve his current round of legal troubles. To be publicly humiliated as a moral weakling, lacking both judgment and self-control--that he deserves. To be distrusted by both intimates and the general public--he deserves that too. But for sexual pecadillos and routine lies to lead to possible high crimes and misdemeanors takes more than just Clinton's personal flaws. It takes very bad policy.

      There is one sense in which the president deserves what has happened to him: He and his political allies are the people who made it possible, who created the legal mechanisms by which his private life became a matter of public, legal record. In that bitter irony lies the one hopeful aspect of L'Affaire Monica. It may, finally, create a consensus to rein in legal excesses that threaten not just Bill Clinton but the liberties of all Americans. But if Republicans are seduced by scandal and Democrats by dreams of vengeance, it may make matters worse. ...

      Why should the president be put in a position of having to lie about something that's none of our business in the first place?"

      Why indeed? The tempting answer is, Because you asked for it. Demanded it. Screamed and yelled and waxed indignant. ...

      Writing cheap symbolism into real law is a dangerous thing to do. But Congress did it in 1994. Ratifying the view that sexual harassment is too serious a matter to be governed by normal legal constraints, the very same Democratic Congress that reauthorized the Independent Counsel statute rewrote the rules of evidence. The new rules allow a defendant's sexual history--not just previous allegations of harassment--to be dragged into sexual harassment suits. (The plaintiff's history, however, was made inadmissable.)

      So the president of the United States can be asked, under oath, about his sex life. It doesn't matter if the sex was consensual or even if the woman made the first move. It doesn't have to be harassment; indeed, no one claims anything of the kind in the Lewinsky case. But Congress chose to make every intimate detail fair game. And if, like many a cheating spouse, the president lies to cover up adultery, he is guilty of a serious crime--perjury, a potentially impeachable offense. ...


      Unlike the Bush administration, which is arguing that the AUMF supercedes FISA, and makes the current wiretaps legal (I don't agree), nobody in the Clinton administration ever argued that perjury -- even in a sexual harrasment law suit -- was legal. Only that we should ignore the law in his case.

      Also, whatever else one may think of the two bastards, Bush is (probably) breaking the law for the common good to win a war (which is still breaking the law and still wrong). Clinton broke the law merely for his own personal gain, to benefit only himself.

      There is no difference between the two major political parties. They're both as stupid, greedy, and evil as the Republicans.
    27. Re:47%? by Guano_Jim · · Score: 5, Interesting

      Right now as the President has said it is within the law - they research these things. Of course it is up to the courts to decide if it is or isn't. So wait for the hearing.


      Forgive me if I take anything George W. Bush says these days with a big grain of salt.

      The president may say that "it is within the law." That doesn't mean that before they got caught, it was within the law.

      To quote that great sage Bill Clinton, it depends on what your definition of "is" is.

      For instance, I can't count how many times I heard Bush say "the U.S. does not torture."

      That may be true at this very moment, now that the Abu Ghraib photos have been released. But that doesn't mean that the U.S. wasn't routinely torturing people earlier. Bush is a politician who, like all good politicians, uses his words carefully.

    28. Re:47%? by the+real+chahn · · Score: 1

      If the approval numbers only went from 46 percent to 53 percent because of the addition of the terrorism clause, that suggests less than 10% of the population believes that the threat of terrrorism justifies more aggressive intelligence techniques. Frankly, I'm surprised that number is so low.

    29. Re:47%? by thatguywhoiam · · Score: 4, Insightful
      Ya know, I guess this is why this country was set up as a Republic to begin with, because as I get older, its becoming readily apparent that the people don't always know what's best for them. Marketing of this "War on Terror" is done so well that people are readily willing to hand over their freedoms for an obviously flawed perception of additional security. Those who rally against this government abuse and overreaching Big Brother attitude are labeled as unpatriotic.

      Shudder.

      You know, we've disagreed on things before, but you and I see exactly eye-to-eye on this. It is truly frightening. And for more reasons than that... I've been thinking lately a lot about a Ben Franklin quote:

      At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: "Well Doctor, what have we got, a republic or a monarchy?" "A republic if you can keep it" responded Franklin.

      Sometimes, in my more cynical moments, I think Ben was really on to something there. I fear what he meant was that all Republics are, at best, a temporary construct. That a free Republic of Men can only, in the best case scenario, last a few hundred years at most, and provide that brief of security... before it must be 'refreshed'. I'm not sure if I agree that this is strictly true, but it makes you wonder.

      --
      If Jesus wants me it knows where to find me.
    30. Re:47%? by pixelpusher220 · · Score: 5, Insightful

      Perhaps you're not doing anything *illegal* but when there are unchecked powers with no limit (if he can ignore the constitution and congress...) then you can be wiretapped/searched/followed for any reason they like...such as promoting the opposing political party perhaps? Go look up Nixon's fun little exploits. He's the entire reason the FISA court was created.

      Absolute power corrupts absolutely is a tried and true cliche...but sadly it also describes human nature pretty well.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    31. Re:47%? by gfxguy · · Score: 3, Insightful

      It's a matter of protecting our rights... allowing someone to get away with something now only encourages them to do it in the future.

      For the record, the media's term "domestic wiretapping" is a democratic talking point. Your phone was not being tapped when you called from Ohio to Wisconsin to wish your grandmother a happy birthday.

      On the flip side, the president's use of "terrorist surveillance program" is a little off, too... surely the net was cast wide enough to catch innocent people, as well.

      So as usual, the truth probably lies somewhere in the middle - it wasn't exactly "domestic" spying, as they were targetting calls to and from suspected terrorists in other countries, but they probably did catch a few calls wishing gradma a happy birthday when those calls were in or around suspected terrorist areas.

      But, from what I hear, the specific numbers targetted were to and from terrorist's cell phones found in caves in Afganistan and the numbers that they had stored in them. Is that really so bad?

      --
      Stupid sexy Flanders.
    32. Re:47%? by thatguywhoiam · · Score: 1
      The president makes the laws. Therefore, anything he deems to be legal is legal.

      Sounds like one of those goddamn activist judges to me. What happened to all this "strict constructionism" they used to flog? Was that not a convenient rationale in this case?

      --
      If Jesus wants me it knows where to find me.
    33. Re:47%? by pixelpusher220 · · Score: 4, Insightful

      So if I'm talking to someone in Syria...I forfeit my rights as an American for the duration of the call?

      Cut the BS about using a friggin BILLING classification to justify illegal wiretapping. If only foreign nationals are on the call you've got a marginal case. If a US Citizen is on the call, you simply can't monitor it without a court order no matter what Dubya is trying to say. Congress spoke very clearly on this with the FISA legislation after the last time we had a president taking 'liberties' with Americans liberties.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    34. Re:47%? by matuscak · · Score: 1

      Your phone was not being tapped when you called from Ohio to Wisconsin to wish your grandmother a happy birthday.

      And exactly how do you know that? And I, at least, do not find "Cuz Bush sez so" to be believeable.

    35. Re:47%? by sammy+baby · · Score: 2, Interesting
      The president makes the laws. Therefore, anything he deems to be legal is legal.

      I don't mean to poke fun, because there are serious defenders of the current administration who are coming very close to advancing this exact argument. But you know who the last guy to say this was, right?
    36. Re:47%? by SilverspurG · · Score: 2, Informative

      I'm reading through the Constitution and, you know, I just can't find anyplace where it delegates to the President the authority to authorize any sort of secret (or public) informal investigation of the personal activities of a US citizen. As per the 9th and 10th Amendments, he's currently breaking his oath to uphold the Constitution.

      Not that it matters. SCOTUS has castrated the 9th and 10th Amendments for decades. In all reality we should just rewrite this nation as an elected (ha!) monarchy with a token parliament to lend legitimacy to what is obviously illegal action.

      --
      fast as fast can be. you'll never catch me.
    37. Re:47%? by diggum · · Score: 1

      portwojc: > "where I come from people are innocent until proven guilty" If it's the same place that I come from, the United States of America, the same administration you're defending does not believe that. Also, people tend to be considered guilty upon public admission of the act, regardless of how they try to justify it. Bottom line: When following the existing law became a liability, he chose to ignore it. The idea that it has to be top-secret or the enemy will know we're spying on them is ludicrous. Find me a terrorist who doesn't already suspect the US government is trying to monitor their communications and find out what sneaky thing they're up to.

    38. Re:47%? by gfxguy · · Score: 1

      No, he signs bills into law, and I don't think he signed a bill into law allowing domestic wiretapping without a warrant. On the other hand, I think the phrase "domestic wiretapping" is a completely misleading democratic talking point. From what I understand, there were cell phones found in Al Qaeda occupied caves in Afganistan, and calls to those numbers, and to and from the numbers stored in those phones, were the ones being targetted.

      It doesn't answer the question of why he didn't get a warrant, but the wiretaps were really "domestic", either. I'd rather wait and find out more details about what actually did happen before passing judgement.

      Back on topic, though, I believe the questions were phrased badly (they usually are, to fit whatever agenda). I certainly don't support domestic wiretapping without a warrant regardless of the reason why, especially when they can, in a reasonable amount of time, get a retroactive warrant.

      --
      Stupid sexy Flanders.
    39. Re:47%? by scheming+daemons · · Score: 2, Insightful
      But, from what I hear, the specific numbers targetted were to and from terrorist's cell phones found in caves in Afganistan and the numbers that they had stored in them. Is that really so bad?

      from what you hear . From whom are you hearing this? From the administration...

      ..and we know they are telling the truth because:

      A. They have never lied to us before
      B. George Bush is a good Christian man who would never mislead us.
      C. The thought of our government lying to us is unfathomable.

      From what you hear!?!?

      Giving me a fucking break... what you hear on Fox News, or on Limbaugh's show, or in a Presidential news conference... is not good enough.

      He has 72 hours after the fact to get the warrant from FISA and assure the country that everything is on the up and up. There is no justifiable reason to bypass FISA unless the calls were NOT of the nature that you heard.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    40. Re:47%? by Daniel+Dvorkin · · Score: 1

      Which law did the President break, exactly?

      FISA, for one. Which is a law that grants him extraordinary powers -- retroactive warrants! -- but apparently, that just isn't enough.

      Me, personally, I'd rather have a President who lies about a blowjob than one whose agents are carrying out massive, illegal, unaccountable surveillance of the American people. You know, in the grand scheme of things. Perhaps I'm just silly that way.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    41. Re:47%? by Qzukk · · Score: 4, Insightful

      You have nothing to hide right? So you wouldn't mind if people came around and asked your boss questions about you, right? You wouldn't mind people listening in on your calls with your wife about when she's going to be home and whether the kids will let themselves in, right? You wouldn't mind people listening in on your conversations and negotiations about the future of your company, right? You wouldn't mind people reading your email and playing "six degrees of galaxyboy" to see what they can pin on you (don't think you're that interesting? Neither did Maher Arar, a Canadian citizen who got "renditioned" to Syria for over a year because his coworker's brother was a terrorist). We haven't even gotten to people getting your credit card and bank account numbers yet.

      Liberty isn't about doing illegal things and getting away with it. Liberty is about having basic rights that are rights for a reason, not just because they sound cool or are golly gee fun to have. Liberty is about people who obey the law not being harassed or investigated for a stupid reason or no reason at all. Finally liberty is about protecting us from people who would subvert the power of government, whether you believe that person is Bush or someone taking office in 3 years who would use the power Bush staked out for their own ends.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    42. Re:47%? by westneat · · Score: 2, Insightful

      This is the first I've heard of it. It's a pretty serious allegation, do you have a source to back it up?

    43. Re:47%? by gfxguy · · Score: 1

      What we have here is a chicken and egg situation... you cannot be charged for a crime commited before it was legally a crime. In the same vein, you certainly can be charged with a crime before it's legally NOT a crime. The president signs bills into law, so even if congress now passed a law saying it was legal, domestic wiretapping would still have been illegal when the alleged crime was commited.

      It is my opinion, at this point in time, that it wasn't "domestic wiretapping" at all, but I'm waiting for all the information to come in. If it was, then I'm certainly not going to make excuses for the man.

      --
      Stupid sexy Flanders.
    44. Re:47%? by AoT · · Score: 2, Insightful

      First off, the government did not tell people about this, it was leaked. Second, the whole argument over Domestic and International is a smokescreen. The point is that the government is spying on American citizens without a warrant. This is expressly forbidden in the Constitution.

    45. Re:47%? by timster · · Score: 1

      Not exactly. I'd say the first question suggests that you can separate Americans into two groups: people who like freedom (54%) and people who don't (46%). (Heck, freedom IS hard, so why should people like it so much anyway?)

      Something like 15% of the freedom-likers (which amounts to something like 7% of the total population) are either misguided as to the real threats of terrorism or are willing to abandon freedom to reduce a very, very small threat to their personal safety. The other 85% of freedom-likers are either aware that terrorism represents an extremely small danger, or feel that freedom is more important than risk, or both.

      Hey, you can say anything with statistics.

      --
      I have seen the future, and it is inconvenient.
    46. Re:47%? by Quintios · · Score: 1
      This comment is insightful? It's an out an out opinion; there's no "insight" in there.

      What are the moderators smoking? Or is it just that they agree with this guy's agenda?

      --
      Anonymous Cowards are at -6...
    47. Re:47%? by gfxguy · · Score: 2, Insightful

      Well, when you come up with evidence supporting your criminal charge, I'll stand behind you 100%. Until then all the accusations are meaningless.

      --
      Stupid sexy Flanders.
    48. Re:47%? by Anonymous Coward · · Score: 2, Insightful

      "where I come from people are innocent until proven guilty"

      And where I come from the United States Constitution protects the people from the Government.

    49. Re:47%? by utexaspunk · · Score: 1

      yet be stupid enough not to impeach the worst President since Lincoln

      Your statement implies that Lincoln was worse than Bush. Is that what you meant? If that's the case, I don't think many historians would agree with you.

    50. Re:47%? by muhgcee · · Score: 1

      Yeah, I didn't find it particularly insightful either.

    51. Re:47%? by Anonymous Coward · · Score: 0

      Impeach Bush and Darth Cheney takes the top seat. Coming from a Republican with no love of today's Democratic party, that man is a monster a thousand times worse. Should he die, be impeached, or go lame duck (doesn't matter which to me), his replacement will still be a crook. It's a rotten system at all levels.

    52. Re:47%? by schwieter · · Score: 1

      Do you really think that 46 percent wasn't thinking the wiretaps were going to be used for finding terrorists? It's the goal of the Bush administration (and the terrorists, incidentally) to make citizens fear terrorists even when they aren't specifically mentioned.

    53. Re:47%? by Golias · · Score: 1

      So if I'm talking to someone in Syria...I forfeit my rights as an American for the duration of the call?

      Nope, you still have each and every right outlined in the Constitution and the Bill of Rights. It's just that the governement is going to listen to the call if they have probable cause to think you might be a terrorist.

      --

      Information wants to be anthropomorphized.

    54. Re:47%? by mzwaterski · · Score: 1

      LOL. That is a great quote.

    55. Re:47%? by g00z · · Score: 1

      Can you sight a source for that? I'm not asking to be a dick or anything, but because I'd like to mention that tastey fact in any future conversations on the subject myself. I just want to make sure it's true before I do.

      --
      "The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
    56. Re:47%? by Syberghost · · Score: 1

      Poor terrorists; I'm sure history will look poorly on those mean Republicans for the Terrorist Holocaust.

    57. Re:47%? by corbettw · · Score: 2, Interesting

      You're not getting it, so let me put it this way:

      Hypothetically, I'm suspected of committing some crime. The local police get a warrant and tap my phone. After they do that, I call you and talk to you about seeing a movie or something. Have your rights been violated because the police listened in on your conversation?

      It's a similar circumstance here, except that the originator of the call is outside the country and is a suspected enemy of the country, therefore is not entitled to the same rights you and I are. So when Ali calls you from Medina to talk about Saudi Arabia's chances in the World Cup (I'm assuming you're a soccer fan), there's a chance (if he's running with the wrong crowd) that the NSA is going to listen to your conversation. Your rights have not been violated any more than in the above example, because it was not your phone that was tapped. Savvy?

      --
      God invented whiskey so the Irish would not rule the world.
    58. Re:47%? by Golias · · Score: 1

      If my "leaked" you mean "the President is giving stump speeches on how important it is to keep doing this", then yeah. Pretty huge leak though.

      The point is that the government is spying on American citizens without a warrant. This is expressly forbidden in the Constitution.

      The government is listening to conversations across international borders when they have reason to believe that crimes are being planned. This is not prohibited anywhere in the Constitution.

      Clue: The Constitution was written before phones existed.

      --

      Information wants to be anthropomorphized.

    59. Re:47%? by pixelpusher220 · · Score: 1

      As I said here as long as there was a call to/from a US phone, it *IS* domestic in nature. Using the phone company's classification of the call for BILLING purposes is as you say a republican talking point. Sounds good, but completely irrelevant.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    60. Re:47%? by gfxguy · · Score: 3, Insightful

      What I hear has no more or less validity than what you hear.

      All I'm saying is you do not have enough evidence of wrongdoing. I'm not saying "don't impeach him", I'm saying that, until all the details come out, you have no evidence. Why do you think they haven't already tried impeachment? Because there's no evidence. If and when evidence shows up, I'll be behind you 100%

      Now, as far as this particular article is concerned, it bothers me so many support warrantless domestic wiretaps. I can't agree with that; I'm just arguing that what the current kerfufle is all about may not even be "domestic" wiretaps.

      I'm arguing that Bush could skip down the street handing out candy to children, and you'd be mad him for it, you'd find something in it to complain about. When you have a valid complaint, I'll agree with you. I don't like Bush, I'm not a republican, and I think there's a lot to complain about - but until someone has EVIDENCE of law breaking, I don't think you should just jump on the impeachment bandwagon.

      --
      Stupid sexy Flanders.
    61. Re:47%? by IAmTheDave · · Score: 2, Interesting
      You know, we've disagreed on things before, but you and I see exactly eye-to-eye on this.

      Despite your "Freak" status in my window ;) I also whole heartedly agree with you and find your comment to be quite insightful.
      (Tentative friendship begins?)

      I'd never heard that Franklin quote, but it certainly seems to me that a lot of what he said did indeed hint at what he feared to be the temporary nature of what he had just help craft - or to serve as a warning against what he feared would contribute to the demise of the Republic.

      It's just one of those things - power corrupts, and those with power desire more. With people becoming nonchalant towards and lethargic about these government grabs for more power, the fire which held light to things like the Revolutionary War, Vietnam War protests, etc. is all but snuffed out.

      It's one of those things that I feel somewhat powerless against. I can write my congressmen and local leaders again and again, and show up to the voting booths with conscience in hand and well being of the country and constitution in mind, and despite my best personal efforts, not a whole lot changes.

      --
      Excuse my speling.
      Making The Bar Project
    62. Re:47%? by isotope23 · · Score: 1

      Also just because someone says "it's against the law" doesn't make it against the law. Right now as the President has said it is within the law - they research these things. Of course it is up to the courts to decide if it is or isn't. So wait for the hearing.

      Just because the president says it is legal does NOT make it legal.

      The president does not have carte blanche to surveil people. The 4th clearly states a warrant must be issued. The Fisa law clearly states the government can surveil and then get a warrant up to 72 hours later.

      Don't give me the jive that its too slow. The Fisa court was set up to allow the govt easy access to a warrant any fricking time of day. The only viable reason for this power grab is they are surveilling people is cases which would not meet even FISA's extermely loose probable cause criteria.

      Of course its against the law. The real question is whether or not representatives and judges will put their oaths to preserve protect and defend the constitution above partisan party politics. I'd bet they will find some kind of tortured justification to say its legal. Both judges and congresscritters know that if they want to rise in the ranks they need to support an ever more powerful central government.

      --
      Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    63. Re:47%? by sorak · · Score: 1

      But, from what I hear, the specific numbers targetted were to and from terrorist's cell phones found in caves in Afganistan and the numbers that they had stored in them. Is that really so bad?

      This isn't really about surveillence as much as it is about the president thinking he is above the law. If Osama Bin Ladin has your number on speed-dial, then, yes, it is most definitely possible to get a warrant to monitor your calls.

      Then, there's a 1978 law that says that they can monitor without a warrant as long as they file the appropriate paperwork afterward. This court is a rubber stamp. They have received thousands of requests and denied four of them. Alberto Gonzalas recently argued that the process was such a hassle that the inconvenience alone should justify ignoring the law, and some have tried to argue that it isn't feasible considering the number of people being monitored at any one time. Then, there was the recently released legal argument saying that when congress authorized Bush to use force against terror, that that also means using wiretaps against your grandma...and pretty much anything else he wants to do as long as it is somehow argued to be part of the war on terror..All I can say is "Holy sh!t! What country are we living in?"

    64. Re:47%? by 0123456 · · Score: 1

      "Your statement implies that Lincoln was worse than Bush."

      Lincoln is the worst President the United States ever had. He single-handedly destroyed the Constitution and created the conditions where a cretin like Bush could act like a monarch.

      "I don't think many historians would agree with you."

      History is written by the victors. Had the southern states won the Civil War, Lincoln would have been rightfully villified in American schools, not worshipped.

    65. Re:47%? by gb506 · · Score: 1
      So if I'm talking to someone in Syria...I forfeit my rights as an American for the duration of the call?

      If you're talking to a suspected terrorist in Syria, you're damn right you should be monitored. All this silliness above about people worried about the NSA listening to them while they coo-coo to their wives is utter bull. Do they really think the NSA has the time or inclination to listen to that crap?

      And where was the outrage at the previous administration when Echelon was outed? Do you think Clinton went to FISA for every. single. call. recorded and flagged by Echelon?

      Fact is that international calls have been recorded for a long time, and in these times with OBL threatening, and after 9/11, London, and Madrid, you're damn straight we should be monitoring calls between ANYONE and a suspected terrorist. And I wonder who would be calling for Bush's head if, after a bio attack on NYC, we later learned that it all could have been prevented by a simple telephone call intercept? Wake the hell up.

    66. Re:47%? by utexaspunk · · Score: 1

      Agreed. These are the same people who continually refer to the President as our "Leader". He may be the Commander-in-Chief of the military, and thus the military's leader, but he is not "OUR" leader. The President is the Chief servant of the people, and should regularly be reminded of that fact. I think a lot of the problems we have today would be greatly diminished if the President were required by law to hold a weekly Q&A w/Congress where the congressmen are free to dress him down and demand answers. Much like the Prime Minister has to do in Britain. It may not prevent every bad thing from happening, but it would at least hopefully ensure that the President is someone who is eloquent and can defend their ideas logically and remind the both the President and the People that he is not infallible and that his actions must be considered critically. I know Britain made the same decision to go to Iraq that we did, but I feel ten times better every time I hear Tony Blair talk about it than when our stammering idiot opens his trap.

    67. Re:47%? by kadathseeker · · Score: 2, Insightful

      So, uh, what about all the Clinton supporters that aren't upset about him repeatedly letting Osama go, even when the Pakistanis were offering him on a silver platter, or when he lied under oath, or when he stole from and vandalised the White House, or a million other things? Most Presidents have broken some law or the Constitution at some time or another (FDR anyone?) so why are people so uniquely willing to believe that Bush is special in this way? The assumption for ALL POLITICIANS and ALL GOVERNMENT OFFICIALS should be that THEY ARE UP TO NO GOOD, even though _most_ probably aren't any worse than than could be expected. I don't think that most of the governmental actions that most people are worried about are real, and that the things they should be concerned about are being larely ignored, and that useless propaganda distracts from the real issues. Don't think that one side is worse just because the other has better hate slogans - your side probably sucks as bad. For the record, I would've voted for Cthulhu in the last election.

      --
      The 'Net is a waste of time, and that's exactly what's right about it. - William Gibson
    68. Re:47%? by drakaan · · Score: 0
      Uhh...you're aware that the program's activities are fully briefed to and reviewed by both the FISA court and congressional leadership in the house and the senate every month and a half, right? And that they already halted the program once to address concerns that were raised...

      Don't get me wrong, I think that a bit more oversight and disclosure is probably in order, but this is hardly Nixonesque.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    69. Re:47%? by utexaspunk · · Score: 1

      So tell me how Lincoln single-handedly destroyed the Constitution, and tell me what was noble about the southern states' cause...

    70. Re:47%? by gfxguy · · Score: 1

      I respectfully disagree... and I'd like to add to what Golias said, that using your logic we couldn't tap any phone anywhere in the world, even to known terrorists, because someone from the U.S. might dial that number. It's not YOU being tapped, it's the people on the other end.

      --
      Stupid sexy Flanders.
    71. Re:47%? by Hippy-Liberal+Hater · · Score: 1, Troll

      Wake up Jack ass, if you don't think there is a problem with terrorist blowing up people all over the world, start reading something other than slashdot. Get your head out the sand and your own ass. Impeach the president for protecting america from attacks, huh???? The american people elected him and would again if the elections were held today. No one except a few liberals\dems think the president broke the law, and if it is breaking the law, then the laws will be changed; as sugested by the dems themselves. Monitoring terrorist phone calls to people in the US during a war is just common sense you idiot. Go join the Talaban.

    72. Re:47%? by Anonymous Coward · · Score: 0

      Read Polybius. There's a discussion in his history of the Punic Wars designed to explain to Greeks why the Roman Republic was superior to Greek democracies or oligarchies because of its balance of powers. (And why pure popular sovereignty isn't safe.) Madison and Hamilton were practically weaned on it. And yet they must have remembered that the Roman Republic fell less than a century after Polybius died.

    73. Re:47%? by scheming+daemons · · Score: 3, Insightful
      What I hear has no more or less validity than what you hear.

      EXACTLY!

      Which is why the FISA court is set up... so that another party can review the reasons for the wiretapping and determine if they're kosher or not.

      I don't know if the wiretaps were on domestic->international calls or domestic->domestic calls. That's the whole freaking point! You don't either... and the reason neither of us knows is because Bush bypassed FISA!

      Get it now? As one of your favorite Presidents (I'm sure) once said, "Trust, but verify". (Reagan, BTW).

      All I'm saying is you do not have enough evidence of wrongdoing.

      I have evidence of the President bypassing the FISA court and wiretapping without a warrant. My evidence of that is that the administration admitted it. He authorized wiretapping without FISA oversight... he admitted violating the 4th Amendment.

      I'm not saying "don't impeach him", I'm saying that, until all the details come out, you have no evidence. Why do you think they haven't already tried impeachment? Because there's no evidence.

      They "haven't tried impeachement" because impeachment starts in the House of Representatives and is tried in the Senate. Both bodies of congress are controlled by the Republican party. If there were a Democratically-controlled House, we would be immersed in the impeachment proceedings already.

      If and when evidence shows up, I'll be behind you 100%

      No.. I bet you won't. You have blind loyalty to the word of this President. The only evidence (of the nature of the wiretapping) you have is the word of this administration.. and you're going with that. You believe in him. I don't. What we need is a .. I don't know... unbiased third party to determine if he's telling the truth about the nature of the wiretapping. Hmmm... FISA court is such a party.. why don't we try them?

      oh yeah....

      I'm arguing that Bush could skip down the street handing out candy to children, and you'd be mad him for it, you'd find something in it to complain about.

      But in Bush's case, he'd be handing out the candy and charging it to me and you (a la Medicare reform). Or worse yet.. he'd be running up the deficit to do it so those kids would end up paying for the candy themselves someday... with interest. ;-)

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    74. Re:47%? by randyest · · Score: 0

      No, this is not true.

      --
      everything in moderation
    75. Re:47%? by pixelpusher220 · · Score: 1, Insightful

      Fully briefed? most of the FISA court was in the dark, and the ones that were briefed were forbidden from telling even people with clearances that allowed them to know. Ditto for the Congressional leadership.

      So you've got a President flat out ignoring the FISA law passed by Congress, but at least telling a few people what he's doing. Where's the check that he's actually telling them the TRUTH or the ENTIRE TRUTH? or do we just 'trust' him because he's the President? Sorry, he lost that privilege right about...oh wait, we don't just trust, we have laws that must be followed. If not we try people for the crimes.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    76. Re:47%? by timjdot · · Score: 1

      Who has the right to change the US Constitution? The only way to make legal the actions outlawed in the Bill of Rights is to amend the Constitution. Whether Joe Idiot or Judge Dufus thinks tapping phone lines is fine or not the Constitution clearly says it is illegal for the Federal Government to do so. Now if the states or cities did it...

      Name this ammendment:
      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

      TimJowers
      Americans rule America!

      --
      Expect Freedom.
    77. Re:47%? by Anonymous Coward · · Score: 0

      For instance, I can't count how many times I heard Bush say "the U.S. does not torture." That may be true at this very moment, now that the Abu Ghraib photos have been released. But that doesn't mean that the U.S. wasn't routinely torturing people earlier.

      Abu Ghraib, torture? You should really look up the internation definition of torture, Abu Ghraib was humiliating but certainly not torture. If you've got an axe to grind, then use the right stone.

    78. Re:47%? by Hippy-Liberal+Hater · · Score: 1

      "For instance, I can't count how many times I heard Bush say "the U.S. does not torture."" That depends on what your definition of torture is??? Taking embarasing photos of prisoners, which the US did. Or electric shock and drilling peoples ear drums with an power drill, which is what Sadam did. Which is torture, maybe both, but I'd rather be in US detention than Sadam's.

    79. Re:47%? by DavidTC · · Score: 1
      FISA, you dumbass, which makes spying on people without statutory authority a felony.

      If you want to incorrectly argue that the authorization to invade Afganistan gave him statutory authority for whatever domestic spying he wanted, or some incorrect parsing of FISA that allows him to spy on Americans via FISA, whatever. You're just a GOP ass-polisher who doesn't know how to parse laws.

      And if you want to argue that in war the president can do whatever he want, you're just a traitor to the Constitution. This War on Terror has no apparent end, and so you're arguing the president has the authority to do whatever he wants, constitution and laws be damned, from now until forever. I'd point out that the next president might not be a Republican, but, honestly, there's no good reason to assume we'd have a next president.

      But if you don't know the name of the law, get out of here. If you honestly don't know what law the President is at least accused of breaking, you don't belong in this goddamn converstation.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    80. Re:47%? by gfxguy · · Score: 2, Informative

      From the FISA web page [emphasis mine]: "The Foreign Intelligence Surveillance Act of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States [b]on behalf of a foreign power.[/b]"

      It seems to me that FISA is a method by which FOREIGN countries can spy on U.S. citizens. That's not what happened.

      And you're wrong - I do NOT like president Bush, I think there's a lot of VALID things to complain about, but instead of just jumping on a partisan side of an issue, I look at what we know and make my own decisions. There were a lot of things about Clinton that I liked, and there were a lot I didn't. I didn't like Bush Sr. at all. So don't pigeon hole me.

      --
      Stupid sexy Flanders.
    81. Re:47%? by Maarek_1 · · Score: 1

      He is only "giving stump speeches on how important it is to keep doing this" because of the leak. Anyone who is intellectually honest will see that this has nothing to do with Terrorists any more than the war in Iraq had anything to do with 911. This is all about the consolidation of power from within the executive branch and their ability to keep the public in check through the use of fear. As has been said time and time again, the government has 72 hours to obtain a warrant after wiretapping a line. There is no reason to wiretap without obtaining a warrant with the 72 hours rule, so one must wonder why they didn't? If these wiretaps were in fact on suspected terrorists or terrorist activity then there would be no way that they would be refused the warrant. No, this is a case of the executive branch trying to expand its powers by setting a precedence during a time where there are no effective checks or balances in place (after all, Congress certainly isn't doing their duty in overseeing these things). Clue: Illegal search and seizure laws have been rules to cover phone conversations, which is why there are laws requiring warrants for these kinds of things. It is naive (or dishonest) to claim that new technology is not covered by the constitution.

    82. Re:47%? by pixelpusher220 · · Score: 1

      Nothing says you *can't* tap phones. Just that if a US Citizen is involved you have to get a court order to do it. And with the FISA law you can do it *LATER*. But you do still have to do it.

      So again, how is this preventing us from tapping phones?

      The very first law of our land is the Constitution. If that's something you want to ignore, please...by all means, leave.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    83. Re:47%? by Fulcrum+of+Evil · · Score: 4, Informative

      Nope, you still have each and every right outlined in the Constitution and the Bill of Rights. It's just that the governement is going to listen to the call if they have probable cause to think you might be a terrorist.

      See, that's the controversy - the government needs a warrant, not probable cause and they aren't getting them. It's not that they're being denied, they just can't be bothered.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    84. Re:47%? by SilverspurG · · Score: 1

      If you're caught robbing a bank, can you just give everything back and say,"No harm, no foul... s'all good"?

      --
      fast as fast can be. you'll never catch me.
    85. Re:47%? by LordKazan · · Score: 1

      The President is only giving stump speeches because it was previously leaked! You cannot remember one MONTH of history?

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    86. Re:47%? by pixelpusher220 · · Score: 1

      Thanks for making my point.

      if they have probable cause to think you might be a terrorist

      So what 'they' think is all that matters? Who says they get to make that determination? A JUDGE makes that determination in our system.

      Just because the executive branch deems me a 'suspect' doesn't make me a suspect. We have laws and they have to be followed, or well, why bother with any laws if we can ignore them because 'we' feel they are getting in the way?


      --
      People in cars cause accidents....accidents in cars cause people :-D
    87. Re:47%? by multiOSfreak · · Score: 1

      If by "leaked" you mean "the President is giving stump speeches on how important it is to keep doing this", then yeah. Pretty huge leak though.

      Uhh, no. It was the New York Times that first broke the story. Then the president said he was mad that the NYT went public with the story:

      Check this article from CNN on Dec. 17

      From the article:
      "After The New York Times reported, and CNN confirmed, a claim that Bush gave the National Security Agency license to eavesdrop on Americans communicating with people overseas, the president said that his actions were permissible, but that leaking the revelation to the media was illegal."

      (Emphasis mine)

    88. Re:47%? by Guppy06 · · Score: 2, Insightful

      "The fact that the government is currently telling people that they are doing it is actually a huge improvement."

      That don't make it legal.

      "If somebody in Cleveland calls"

      And that's all that matters. Cleveland is a part of the State of Ohio, which was accepted into the Union in 1803. All persons born in or naturalized by the United States are citizens of the United States and of the state wherein they reside and are entitled to all privileges and immunities of United States citizens, such as those covered in the Fourth Amendment.

    89. Re:47%? by macsimcon · · Score: 1

      "When the President does it, that means that it's not illegal."

      Richard M. Nixon

    90. Re:47%? by pixelpusher220 · · Score: 1

      You are aware that Echelon is entirely OUTSIDE the US right? Same for the NSA, at least until Dubya changed their focus (the entire concept of our discussion here today).

      Personally I'm amazed at how little faith Bush and company have in our democracy that they must trample on the very fabric of it to 'save' it. Sorta like wiping your feet on the carpet to keep it clean...


      --
      People in cars cause accidents....accidents in cars cause people :-D
    91. Re:47%? by thatguywhoiam · · Score: 1
      Despite your "Freak" status in my window ;) I also whole heartedly agree with you and find your comment to be quite insightful. (Tentative friendship begins?)?

      Yeah, I can't remember what that was for. Consider yourself Neutralized. :)

      I'd never heard that Franklin quote, but it certainly seems to me that a lot of what he said did indeed hint at what he feared to be the temporary nature of what he had just help craft - or to serve as a warning against what he feared would contribute to the demise of the Republic.

      It certainly seems that way. I've been reading a lot of American History lately, mostly for the Constitutional refresher, but there are a number of things that really leap out at you, when re-visiting this material. For one, as they went through the process, the framers certainly seemed to be all-too-aware of the potential shortcomings and 'fluid' nature of such Declarations. I have little doubt they would subscribe to the 'living document' theory, were they alive today. Also apparant is their strict Dominionism, which was quite surprising to me; almost to a man they believed that God did indeed create the world, but he has long since left, and now it is left forever in the hands of Men. Interesting stuff. Franklin in particular was really cynical and expressed doubt in the whole process all the way through, only to leave that chamber and utter the aforementioned quote in what was described as a kind of dazed incredulity.

      When you think about Republics and Democracy as necessarily being a temporary construct, it really alters your perception of such things. Of course, anyone would tell you that nothing is forever but we certainly treat our current first world society as if it really is 'forever'... and worse, that capitalism and democracy have reached their self-evident zenith. I believe that less and less every day. (And I'm not even an American.)

      Thanks for the response.

      --
      If Jesus wants me it knows where to find me.
    92. Re:47%? by Anonymous Coward · · Score: 0

      Your statement reads as nothing but political propaganda. It isn't about the liberals/dems its about Presidential powers and the freedom of the people in this country. Monitoring terrorist phone calls may be important, oversight of the President is also. The current law doesn't stop the monitoring of the phone calls, so your argument is bad. Further, your last comment "Go join the Talaban" is unamerican.

    93. Re:47%? by BeBoxer · · Score: 1

      You're not getting it, so let me put it this way:

      Hypothetically, I'm suspected of committing some crime. The local police get a warrant and tap my phone. After they do that, I call you and talk to you about seeing a movie or something. Have your rights been violated because the police listened in on your conversation?

      It's a similar circumstance here, except that the originator of the call is outside the country and is a suspected enemy of the country, therefore is not entitled to the same rights you and I are.


      First, you're just plain making shit up. You don't know that they were only hitting inbound calls. That level of detail about the program hasn't been revealed. If you can point to a reliable source, I'd love to see it.

      What we do know is that FISA covers domestic surveillance of foreign targets and the administration did not follow the rules found in FISA. The question I want answered is: Why is the administration evading the legally mandated judicial oversight FISA requires? FISA was passed to make what the administration is doing legal, as long as they allow judicial oversight. Why don't they want that oversight?

    94. Re:47%? by plague3106 · · Score: 1

      Whether Joe Idiot or Judge Dufus thinks tapping phone lines is fine or not the Constitution clearly says it is illegal for the Federal Government to do so. Now if the states or cities did it...

      It would be just as illegal. States and cities still must follow federal law, including the Constitution.

    95. Re:47%? by Savantissimo · · Score: 3, Funny
      "Reviewed by" implies that they had some sort of say in the matter, which they didn't.

      [Q...] But is it legal for the president to ignore the law?

      A. Maybe not according to plain ol stupid ol regular law, but we're at war! You don't go to war with regular laws, which are made outta red tape and bureaucracy and Neville Chamberlain. You go to war with great big strapping War Laws made outta tanks and cold hard steel and the American Fightin Man and WAR, KABOOOOOOM!

      Q. How does a War Bill become a War Law?

      A. It all begins with the president, who submits a bill to the president. If a majority of both the president and the president approve the bill, then it passes on to the president, who may veto it or sign it into law. And even then the president can override himself with a two-thirds vote.

      http://fafblog.blogspot.com/2006/01/q-our-omnipote nt-president-q.html
      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    96. Re:47%? by pixelpusher220 · · Score: 1

      Clue: The president didn't say bubkiss until it was reported in the newspapers...and now is planning on an investigation into the 'leak'. Seems like a leak to me.

      Clue: FISA was written to handle PHONES and other modern communications mediums.

      Clue: As long as on of the Borders is OUR border, then yes you need a friggin warrent to listen in. That's the law, it's a US Citizen (by presumption) if it's a US phone. If they can say that phone number is Osama's personal number, than great, tap away...but only after you've PROVEN that to a judge.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    97. Re:47%? by Danse · · Score: 1

      Well, when you come up with evidence supporting your criminal charge, I'll stand behind you 100%. Until then all the accusations are meaningless.

      Ok, let's tap his phone and get that evidence!

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    98. Re:47%? by scheming+daemons · · Score: 1
      Nope, you still have each and every right outlined in the Constitution and the Bill of Rights. It's just that the governement is going to listen to the call if they have probable cause to think you might be a terrorist.

      Fine. Please do so.

      But get a warrant first! (or up to 72 hours afterward, as the FISA law permits).

      That's all we're saying. Tap the phones.. but go through FISA so we know you're only tapping suspected terrorists and no one else. If they bypass FISA, then they're hiding something... most likely that they're tapping more than just terrorists.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    99. Re:47%? by corbettw · · Score: 1

      FISA, you dumbass, which makes spying on people without statutory authority a felony.

      And authorization to use "all neccessary force" isn't "statutory authority"? What's your definition of "all"?

      --
      God invented whiskey so the Irish would not rule the world.
    100. Re:47%? by gfxguy · · Score: 1

      What I'm arguing is that, by your logic, there is no phone anywhere in the world, known terrorist or not, that can be tapped without a warrant because a U.S. citizen might happen to call it. We tap foreign corresponance all the time - I'm not passing a verdict on that, but it's not unconstitutional. What do you think the U.S. spy plane that was downed in China was doing... it was spying. Do you think they had a warrant? Did they need one? What if a U.S. citizen happened to call one of the lines they were eavesdropping on?

      --
      Stupid sexy Flanders.
    101. Re:47%? by operagost · · Score: 1
      As I said here [slashdot.org] as long as there was a call to/from a US phone, it *IS* domestic in nature.
      I tried to tell this to my long-distance provider, but they insisted I had to pay the international rates for all those calls to Pakistan and Iran anyway.
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    102. Re:47%? by isotope23 · · Score: 1

      I highly recommend

      When in the Course of Human Events : Arguing the Case for Southern Secession by Charles Adams. It will make you question a number of beliefs you grew up with about the civil war. His argument is the war was really about federal revenue. Some interesting facts:

      Charles Dickens (yes the famous author) wrote that the war was about taxation. The south was paying roughly 90% of the federal govt revenue, and most federal expendatures were in the north. The republicans came to power with a party plank of doubling the import tariff. (effectively doubling the taxes on the south). The tariff was increased shortly after the first republican congress met (from 20% to something silly like 50%).

      As for Lincoln:

      He
      1. suspended habeus corpus,
      2 arrested NOTHERN JOURNALISTS against the war
      3 Shut down northern newspapers who did not support the war
      4 arrested northern citizens who supported a peaceful solution
      5 had FEDERAL JUDGES arrested for challenging his stance on habeus corpus
      6 signed an arrest warrant for the chief justice of the US supreme court

      FWIW I was not born or raised in the south. For a long time I held the view that lincoln was the best president. I now believe he was the worst.

      http://www.mises.org/misesreview_detail.asp?contro l=163

      --
      Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    103. Re:47%? by Alex+P+Keaton+in+da · · Score: 2, Insightful

      Without interjecting any opinion about wiretapping into this, I would like to say that this poll is questionable. Why? The question. You can pretty much get any answer you want in a poll.
      For example, if you asked Should the government have the absolute right to listen in on calls being made by known al queda members to people in the united states>
      you would get a totally different answer than if you asked
      Should the government be able to listen it to calls being made by anyone remotely suspected of being a terrorist?
      As far as the wiretapping goes, I don't feel qualified to offer an opinion without knowing all the details of the program. Without all the details, any opinion is speculation and conjecture.

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    104. Re:47%? by MirthScout · · Score: 1

      "from what I hear" isn't good enough. The requirement that they get warrents is a part of the checks and balances between the 3 branches of our government. The FISA court is the mechanism that makes reasonably sure that the numbers targeted actually have something to do with terrorism; at least until it get bypassed. Mr. Bush's word isn't good enough either (obviously).

      If Mr. Bush and his administration are doing nothing wrong in their "domestic wiretaping" / "terrorist surveillance program" then surely they have nothing to hide from the FISA court. The fact that they are doing it without warrents is so wrong that it is un-American. Any wrong-doing they are hiding, if any, by not getting warrents is minor by comparison.

    105. Re:47%? by Guppy06 · · Score: 1

      "Ya know, I guess this is why this country was set up as a Republic to begin with, because as I get older, its becoming readily apparent that the people don't always know what's best for them."

      You know, you made my head hurt until I realized that you were one of those right-wingers that is willfully ignorant of what the word "republic" means. It means "government of the people, by the people, for the people," a government in which the people are the supreme sovereigns. "Republic" and "elected leaders" are mutually exclusive phrases, because in a republic the people are the leaders.

      And on the topic of "what's best for them," was it best for "the people" to prop up the reprehensible regime of the Houe of Saud? Because that's why we're here in this "War on Terror" to begin with.

      "Marketing of this "War on Terror" is done so well that people are readily willing to hand over their freedoms for an obviously flawed perception of additional security."

      This is a sign that we are moving away from republicanism, not maintaining it.

    106. Re:47%? by Alchemar · · Score: 1

      You also need to look at the very loose wording of what counts as torture: "Anything that leave permanent physical or mental injuries" You can put someone in a world of hurt and not leave any permanent damage, but that is not torture.

    107. Re:47%? by hevenor · · Score: 1

      Salt is required...and sometimes I healthy shake of malt vinigar. This is the guy who said
      "I just want you to know that, when we talk about war, we're really talking about peace." [here]

      I guess it's not a stretch to say that whatever he likes and interpret it however he wants.

      --

      "Because that's the way Americans are now. They're always willing to trade away a little of their freedom for the feeling, the illusion--of security." George Carlin on airport security

    108. Re:47%? by javamann · · Score: 1

      Let's see.. They listened to calls that had at least one end in this country, that makes it domestic and a wiretap. "Domestic Wiretap"

    109. Re:47%? by Savantissimo · · Score: 1

      Which part of "Bush is a liar!" is giving you trouble? Are you seriously suggesting after all the evidence in all the scandals that Bush hasn't lied to the public repeatedly?

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    110. Re:47%? by Anonymous Coward · · Score: 0

      Actually the President and the director of the NSA have repeatedly admitted that they violated the FISA law. They just don't believe anything the President does can be against the law. Since the FISA law restricted the powers of the president it is by definition unconstituional in their view. They believe the President is an elected dictator.

    111. Re:47%? by Anonymous Coward · · Score: 0

      Look you moron freedom comes with a price and that price is being "at risk". Personally, I side with the constitution that the bigger risk is a totallitarian govt. not the big scary terrorists. I'll take my chances with the terrorists, rather than a government that can lock you up indefinetly without due process.

    112. Re:47%? by pi+radians · · Score: 1

      If my "leaked" you mean "the President is giving stump speeches on how important it is to keep doing this", then yeah.

      No, he meant leaked as in leaked by anonymous NSA sources. That's why the US Justice Department is conducting an investigation. Bush's speeches are in response to the outcry. For someone who's pretending to know a lot about the situation, you seem to know very little.

      --

      sin(6cos(r)+5A)
    113. Re:47%? by rwven · · Score: 1

      I think what remains to be seen (and will be in due time) is whether or not there is a loophole in this system that allows such a thing to take place. There could be something obscure that we just haven't heard mentioned yet. I think it's safe to say that none of *US* are supreme experts on this subject. If 50% of politicians are saying it was legal and the other 50% are saying it's not, they had both better be coming up with proof of their point of view.

      Yeah, I'm a republican, but crime is crime and if bush committed a crime, then that will be determined and consequences will have to be doled out. Clinton purjured himself at one point which normally would yield a much more severe punishment than "illegal search and seizure." Illegal search and seizure just demands that any evidence found during the illegal seizure must be thrown out and not used. Purjury will land a person in jail...sometimes for a very long time.

      While i'm sure some of you may have a vendetta against the Bush administration, and anyone would be hardpressed to deny that there have been tactical blunders in Iraq/WOT and maybe other things, i think it would be prudent to be ready for any result of any investigation not to yield too much punishment on Bush. Even if he were impeached it's virtually impossible that he'd actually be removed from office...

    114. Re:47%? by gfxguy · · Score: 1

      This isn't really about surveillence as much as it is about the president thinking he is above the law. If Osama Bin Ladin has your number on speed-dial, then, yes, it is most definitely possible to get a warrant to monitor your calls.
      And who says they didn't? As you pointed out, they got thousands of warrants. How do you, at this point in time, know that the program didn't get warrants for these kinds of taps?

      As for the rest of what you wrote; I agree! It's pretty lame for someone to claim a law is too annoying or old to follow. If they broke the law, they broke the law. I have no love for President Bush, I just don't necessarily see (yet) that he's broken the law.

      --
      Stupid sexy Flanders.
    115. Re:47%? by Anonymous Coward · · Score: 0

      NO FUCKING EVIDENCE???? Bastard King George said so himself!

    116. Re:47%? by monkeydo · · Score: 1

      The President can ignore any law passed by Congress any time he choses. Congress has no authority over the exercise of executive power. Period. You may have learned about this concept in high-school civics class. It's usually refered to as "seperation of powers".

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    117. Re:47%? by Dasher42 · · Score: 1

      The president makes the laws. Therefore, anything he deems to be legal is legal.

      If that was what folks believed on this continent, this country would not, I repeat would not exist. I truly hope that you were describing the mindset you see, not your own, because a great autocrat ruling a servile population is precisely what the colonies revolted against, and took great pains to thwart the appearance of here in the USA.

      The fact that people have this mindset shows that people in the USA have more flags waving than they have clues about the principles they're supposed to stand for.

    118. Re:47%? by Jeremi · · Score: 2, Insightful
      Right now as the President has said it is within the law - they research these things.


      The President also said that Iraq had vast quantities of WMDs, and that they knew exactly where they were hidden and it was just a matter of going in and getting them.


      So you'll pardon me if I take the President's word with a little bit of salt.


      "where I come from people are innocent until proven guilty"


      I agree. Bush deserves a fair trial.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    119. Re:47%? by SilverspurG · · Score: 1

      Maybe you should ask the Irish just how well infinitely justifiable government authority has worked out for them.

      There's a reason why the 9th and 10th Amendments capped the Bill of Rights.

      --
      fast as fast can be. you'll never catch me.
    120. Re:47%? by monkeydo · · Score: 1, Insightful

      That's all very humorous, but of course the President can ignore a law passed by Congress. While Congress can delegate some of their authority to the President or anyone else, the President doesn't depend on them for permission to exercise his executive powers, therefore Congress also can't prevent him from doing so.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    121. Re:47%? by Sique · · Score: 1

      You are misreading :) 'on behalf of a foreign power' is connected to 'engaged in espionage or international terrorism against the United States', not to 'request judical authorization'.

      So FISA is exactly for the cited case:

      If you want judical authorization for electronic surveillance and physical search, because you suspect someone to spy or prepare terroristic acts on behalf of a foreign power, then FISA describes the method to get it.

      The foreign power is al-Qaida, and the persons suspected are residents or citizens of the U.S. in connection to al-Qaida. That's the perfect case for FISA. And the President didn't invoke FISA, but ordered the wiretapping directly. That's the problem.

      --
      .sig: Sique *sigh*
    122. Re:47%? by corbettw · · Score: 1

      First, you're just plain making shit up. You don't know that they were only hitting inbound calls. That level of detail about the program hasn't been revealed. If you can point to a reliable source, I'd love to see it.

      No, I'm repeating what's been reported. You're assuming facts not in evidence, and according to Sam Waterson, that's a no-no. The Federation of American Scientists has a good write-up on it here: http://www.fas.org/sgp/crs/intel/m010506.pdf. Page 2 lists some quotes on what the wiretapping encompasses.

      What we do know is that FISA covers domestic surveillance of foreign targets and the administration did not follow the rules found in FISA. The question I want answered is: Why is the administration evading the legally mandated judicial oversight FISA requires? FISA was passed to make what the administration is doing legal, as long as they allow judicial oversight. Why don't they want that oversight?

      IMO, they probably don't want to jump through any more hoops than is absolutely required, especially hoops they saw as irrelevant. Reference how many administration officials (and some outside the administration) are saying "We had the authority under the authorization to invade Afghanistan, when Congress said 'all force'."

      It's not uncommon in history for Presidents to site executive privilege on a number of items, this is probably another case of that. After all, even Bush supporters (which I guess I am, more often than not) agree that the man's a cowboy who likes doing things his way. His rationale could be as simple as "I'm the President, I have the authority, I'm not giving up that authority to no one, no how." Simple arrogance, nothing more.

      --
      God invented whiskey so the Irish would not rule the world.
    123. Re:47%? by Anonymous Coward · · Score: 0

      I guess perhaps 53% of Americans have nothing to hide and would rather sacrifice a little privacy to help prevent another terrorist attack.

      Honestly, if you are not doing anything illegal, what part of "liberty" is being taken away by wiretaps?


      Unless you intended this as sarcasm, you are just the sort of profoundly ignorant moron this country doesn't need. You don't appear to have given even the slightest thought to the issue before arriving at such an absurd conclusion. These wiretaps are being conducted with no judicial oversight at all. What in the world makes you think that they will be limited to hunting for terrorists? Are you too naive or stupid to see that the ruling party can and will use these sorts of wiretaps to spy on their internal *political* opposition? Ever hear the phrase "power corrupts"? That's a fact. It saddens me no end to think of all the morons like you running around who can't put together a rational thought to save their inbred lives.

    124. Re:47%? by Bun · · Score: 2, Insightful

      The President can ignore any law passed by Congress any time he choses. Congress has no authority over the exercise of executive power. Period. You may have learned about this concept in high-school civics class. It's usually refered to as "seperation of powers".

      That does not make the President exempt from those laws. He is still liable for prosecution. As well he should be.

      --
      "Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack
    125. Re:47%? by pixelpusher220 · · Score: 1

      First off...they weren't tapping Chinese phones now were they? They were listening in on radio broadcasts and other OTA communications off the coast of China. Perhaps a US citizen called a Chinese cell phone...we're not monitoring the US phone that made the call. The caller has no expectation of privacy on the receiving end of the phone, but they DO have it on their end here in the US. That's the law plain and simple.

      We're dealing with tapping of US phones, and the calls those phones place/receive. Not the same situation.

      Calls from Germany to Pakistan aren't our concern from a constitutional perspective. It might be an American making the call, but we have no way of knowing that and the odds are pretty damn slim. As opposed to a call from Buffalo, NY say...pretty reliable to guess it's an American on the phone. If not, like I've in other posts, just explain to a judge why you believe you need to tap the phone and go ahead if the judge agrees.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    126. Re:47%? by ninjagin · · Score: 1
      I've heard the topic of evidence raised a few times, and I think that it's only natural that regular folks assume that there is evidence and that the evidence will indicate wrongdoing or the absence thereof.

      If you're looking for evidence in this case, there are some pretty big barriers to getting it, and not because it isn't there but rather because it's -=secret=-. What this means is that only a handful of elected officials even get to know about the program, legal or not. If they know, and it's illegal, they can't say anything about it -- because it's secret.

      The whole thing has been very cleverly arranged such that secrecy (in the name of national security and a presumed state of war) prevents the evaluation or assessment of legality. Where that evaluation is possible, it's concentrated in the hands of unelected administration officials who (it can be assumed) will not be impartial.

      Secrecy is really at the root of the issue of evidence, much in the same way that nobody can find out exactly which suspected terrorists are being held in custody (in cuba or elsewhere). I heard an interview with Hamdi's lawyer the other day where he said that Hamdi was the first person he ever defended with whom he could not meet and could not see the charges against him or see any of the evidence.... it was all secret.

      I'm all for secrecy in general, especially where it applies to foreign intelligence, war planning and the like. What's disturbing is that the current administration makes almost everything classified or secret, and is able to umbrella these classifications under the aegis of national security. At some point, having some kind of FISA record of the wiretaps and associated warrants is valuable, even if it's only post-facto.

      --
      .. pa-ra-bo-la, pa-ra-bo-la, 2 pi R, 2 pi R, where's your latus rectum, where's your latus rectum, 2 pi R
    127. Re:47%? by monkeydo · · Score: 1

      Where in the fourth amendment does it say that it is illegal to tap a phone without a search warrant?

      For bonus points, for how long has a search warrant been required to tap a phone in the US, and what's the difference between a search warrant and a court order?

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    128. Re:47%? by SilverspurG · · Score: 1

      Indeed. Maybe we should ask the Irish just how good the British government was at policing itself. Sure, the British had hundreds of laws on the books to guarantee fair treatment and protect the disempowered (eg. nullification of a contract when one party is at an obvious economic advantage)... Read Leon Uris "Trinity" to see just how well all of that worked out.

      Same situation here.

      --
      fast as fast can be. you'll never catch me.
    129. Re:47%? by monkeydo · · Score: 1

      I don't know if the wiretaps were on domestic->international calls or domestic->domestic calls. That's the whole freaking point! You don't either... and the reason neither of us knows is because Bush bypassed FISA!

      And if Bush hadn't "bypassed" FISA, would that have nay impact whatsoever on what you know? Of course not. This whole argument is about something which is supposed to happen in secret, so you aren't suppposed to know what's going on.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    130. Re:47%? by Jeremi · · Score: 2, Insightful
      If my "leaked" you mean "the President is giving stump speeches on how important it is to keep doing this", then yeah. Pretty huge leak though


      No, by "leaked" he meant "anonymous sources at the NSA told the press about it because they thought it was unconstitutional". Bush only started talking about it after the cat was already out of the bag, and his first response was to start an investigation to find and punish the leakers. The speeches he gave after that were just damage control, trying to convince gullible people like yourself that he has nothing to hide.


      The government is listening to conversations across international borders when they have reason to believe that crimes are being planned. This is not prohibited anywhere in the Constitution.


      Better re-read the 4th amendment again. The government needs to get a warrant. What is so hard about that?


      Clue: The Constitution was written before phones existed


      Are you serious? Do you really think the constitution doesn't apply to anything invented after it was written? A right to privacy is a right to privacy, no matter what communications technologies are in use.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    131. Re:47%? by EllisDees · · Score: 1

      Geezus, where are you getting you information? The whole problem is that there is *no* oversight of this domestic spying program. Sure, he told a few members of congress that he was doing it, but they couldn't tell anyone else without violating secrecy laws, and the FISA courts are exactly what have been bypassed. The president has blatantly broken the law that he has been sworn to uphold. There are no real checks on this power.

      --
      -- Give me ambiguity or give me something else!
    132. Re:47%? by bxbaser · · Score: 1

      "For the record, the media's term "domestic wiretapping" is a democratic talking point. Your phone was not being tapped when you called from Ohio to Wisconsin to wish your grandmother a happy birthday"

      Because that would be illegal.

      And they follw the laws ?

    133. Re:47%? by SQLz · · Score: 1
      The President can ignore any law passed by Congress any time he choses.

      He can still face impeachment when he does, ask Nixon and Clinton

    134. Re:47%? by monkeydo · · Score: 1

      I'm suggesting that. Please give examples of how Bush has knowingly deceived the American people. Simply making a statement that turns out to be false isn't a lie absent the speaker knowing the statement is false, and intending to deceive.

      "Sixteen words, sixteen words!"

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    135. Re:47%? by isotope23 · · Score: 4, Interesting

      I have little doubt they would subscribe to the 'living document' theory, were they alive today.

      I have little doubt they would decry the living document theory. The founders put in place a mechanism, e.g. the amendment process to allow the constitution to change as needed. That is the ONLY part which makes it a living document. They would not IMO support reinterpreting amendments due to the changing nature of the times. Doing so makes a mockery of the consitution.

      Example the second amendment. If you read the federalist papers and other documents it is clear that the intent was to protect the citizens right to bear arms against a tyrannical government. Not hunting, defense against tyranny. To interpret it any other way is disingenuous.(search for "The only refuge left for those who prophesy the downfall" in the link above to see what I mean.)

      If however any citizen believes that this is no longer necessary, they have the option of working to amend the constitution to change it. Why is this not done? Because its alot easier to say oh its a "living document" that we can reinterpret rather than amending it. It is law for the lazy, power hungry, and inept.

      --
      Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    136. Re:47%? by TripMaster+Monkey · · Score: 1


      Exactly how does a post that reads in its entirety "No, this is not true." possibly get modded up as 'informative'???

      Last I checked, the jury was out on this one. If you have additional light to shed on this issue, kindly post the relevant links. If not, kindly stop astroturfing.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    137. Re:47%? by TomRitchford · · Score: 2, Informative
      The President can ignore any law passed by Congress any time he choses. Congress has no authority over the exercise of executive power. Period. You may have learned about this concept in high-school civics class. It's usually refered to as "seperation of powers".
      Let's forget that you are totally factually wrong here (try looking here for a discussion of this) -- are you really saying that the President can break any law he pleases at a whim? If the President decided to kill someone who pissed him off that there's nothing can be done? If the President decided to herd all the Democrats into ovens, Congress has no authority over his "exercise of executive power"? Is this what you want?

      Why do you hate the Constitution so much?
    138. Re:47%? by bxbaser · · Score: 1

      "Also just because someone says "it's against the law" doesn't make it against the law. Right now as the President has said it is within the law - they research these things."

      If it was within the law he wouldnt be running around like crazy tring to convince everyone that it is "within the law", he is nervous about this and his actions show it.

    139. Re:47%? by SEWilco · · Score: 1

      If you happen to talk on the phone with a drug dealer who is being monitored, you're legally also monitored.
      If you happen to talk on the phone with a terrorist who is being monitored, you're legally also monitored.

    140. Re:47%? by scheming+daemons · · Score: 1
      I don't know if the wiretaps were on domestic->international calls or domestic->domestic calls. That's the whole freaking point! You don't either... and the reason neither of us knows is because Bush bypassed FISA!

      And if Bush hadn't "bypassed" FISA, would that have nay impact whatsoever on what you know? Of course not. This whole argument is about something which is supposed to happen in secret, so you aren't suppposed to know what's going on.

      No.. I wouldn't know.. but another party, one not part of the administration, would have verified the appropriateness of the wiretapping. The check-and-balance would be there.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    141. Re:47%? by monkeydo · · Score: 0, Troll

      You still have all your rights. Now, please tell us which of your rights are being violated when the NSA records without a warrant a telephone call that you receive from a known terrorist. Please be specific, and cite precedent when available.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    142. Re:47%? by eaolson · · Score: 1
      Right now as the President has said it is within the law - they research these things.

      Yeah, and we all know how thorougly and accurately the Iraq WMD research was carried out.

    143. Re:47%? by bxbaser · · Score: 1

      Nice spin.
      Also i like the way you didnt use the "Clinton did it" excuse, but got more creative and used "duration of the Cold War" thereby if everyone doing it it must be ok excuse.

      It doesnt matter how many people did it, done it, or are doing it now.

    144. Re:47%? by monkeydo · · Score: 1

      So don't communicate with your terrorist buddies, do it by mail. But you know what? Customs can examine every single article passing from outside the United States in. Even if it is destined to a US citizen. Without a warrant, or even probable cause. And it doesn't violate the Constitution, or your fourth amendment rights. Damn!

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    145. Re:47%? by corbettw · · Score: 1

      Maybe you should ask the Irish just how well infinitely justifiable government authority has worked out for them.

      Any war is "infinite", until it ends. Congress didn't declare war on Japan and Germany "until August 15, 1945, and May 8, 1945, respectively." The war would last until it was over, how over long that took. Same thing this time around, the powers of the President to go after terrorists linked to Al Qaeda will continue until we've beaten Al Qaeda. Considering OBL recently asked for a truce, that time is probably in the near future.

      --
      God invented whiskey so the Irish would not rule the world.
    146. Re:47%? by Savantissimo · · Score: 1
      53% are supporting it.
        only because of the biased, leading way the question was asked. As the GP noted, it's amazing that only 53% would agree to something that was presented as "reducing the threat from terrorism". Thatis a phrase meant to disconnect the brain and elicit a reflex action, and it looks like it's about to stop working.

      Let's look at sone other polls:

      http://www.democrats.com/node/5217
      June 30, 2005- "According to a poll released by Zogby today, 42% of Americans say they would favor impeachment proceedings if President Bush misled the nation about his reasons for going to war with Iraq."

      http://democrats.com/bush-impeachment-poll-2
      For Release: January 16, 2006

      New Zogby Poll Shows Majority of Americans Support Impeaching Bush for Wiretapping

      The poll was conducted by Zogby International, the highly-regarded non-partisan polling company. The poll interviewed 1,216 U.S. adults from January 9-12.

      The poll found that 52% agreed with the statement:

      "If President Bush wiretapped American citizens without the approval of a judge, do you agree or disagree that Congress should consider holding him accountable through impeachment."

      43% disagreed, and 6% said they didn't know or declined to answer. The poll has a +/- 2.9% margin of error.


      Graph of all Bush approval rating polls since he took office from 15 major polling organizations:
      http://www.pollkatz.homestead.com/files/pollkatzma inGRAPHICS_8911_image001.gif

      It has been a year since Bush's approval rating broke 50%. His approval has been falling almost continuously since 9/11/2001, and now is about 40%. A majority of Americans asked a fair question about the issue believe impeachment should be considered. The Bush spin appears to be losing traction.
      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    147. Re:47%? by scheming+daemons · · Score: 1
      You still have all your rights. Now, please tell us which of your rights are being violated when the NSA records without a warrant a telephone call that you receive from a known terrorist. Please be specific, and cite precedent when available.

      Given the narrow (and probably fictional) scenario you outlined, none of my rights, or anyone else's, are being violated ... which is why the administration should have no problem proving to me that they only recorded phone calls from/to known terrorists.

      They could prove it by having some third party... I don't know.. some kind of court... say, the FISA court... verify that the calls they recorded were to/from known terrorists and were on the up and up.

      Now... prove to me... Please be specific, and cite evidence when available... that they only tapped calls to/from known terrorists.

      bonus points if your proof is not in the form of an administration official "telling you so".

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    148. Re:47%? by miskatonic+alumnus · · Score: 1

      I doubt it. I would be willing to venture that nearly everyone has something to hide. Be it a list of medications they take, or which type of porn they like. This "terrorist threat" is so blown out of proportion as to almost be comical. In all seriousness, let me ask this: Why are we concerned about terrorists?

    149. Re:47%? by Darby · · Score: 1

      Why do you think they haven't already tried impeachment? Because there's no evidence

      I'm sorry, but that is laughable naive.

      He hasn't been impeached due to one and only one simple fact. His party runs congress. The members of his party are loyal to that party above everything else.
      That is the only reason Clinton was impeached, and the only reason Bush has not been impeached, jailed and executed for multiple acts of treason.

      The evidence is all there, what is lacking is any integrity in the Republican party as is made absolutely clear by the raft of ethics violations among the leadership.
      Pretending it's a lack of evidence at this point in the game is so patently absurd as to defy rational thought.

    150. Re:47%? by raddan · · Score: 1

      You know what's sad about all this, is that NPR interviewed a woman last night who supported the wiretapping program because "George Bush is a Christian". WTF?! I mean, ever notice how many Christians we've done war with?! That fact alone does NOT guarantee your life, liberty or property, lady!

    151. Re:47%? by SilverspurG · · Score: 1

      The difference is semantics generated in legalese meant to subvert the spirit of the law by adhering pedantically to the letter of the law.

      Much the same way a virus or trojan makes its way to your OS from a web page. The OS wasn't designed to allow this but, due to a semantic technicality, someone figured out how to do it anyway.

      --
      fast as fast can be. you'll never catch me.
    152. Re:47%? by monkeydo · · Score: 1

      Clue: The NY Times didn't release the story until James Risen's book was ready.

      Clue: That book will be a number one bestseller.

      Clue: You are being played.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    153. Re:47%? by timjdot · · Score: 1

      "effects"

      What is the difference between a search warrant and a court order? Please tell me. I do know per the 4th Ammendment a search warrant is needed legally to search.

      Also, refer to the final blow on much of such activities:

      "Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
      "

          Not only is phone tapping illegal without an oath/affirmation and warrant but attempting to re-interpret the Constituion or tack on other priveleges to the government is also expressly illegal. I think it is fair to assume every public official, judge, and worker should know the Bill of Rights so it is fair to assume they directly affront the US people when they claim powers outside of the Bill of Rights. They must find another way to meet their goals rather than illegal actions.

      --
      Expect Freedom.
    154. Re:47%? by Straif · · Score: 1

      And also a good sign that the author of said quote is in that lower half of which he speaks. I figured especially on Slashdot, this type of things wouldn't be repeated all the time.

      An average is a soft number, an descriptive value that can be used for any number of reasons, but not to break a group into two equal portions as it is susceptible to outliers and other aberrations, has 'Old School' taught us nothing?!?

      Just do the math yourself, and just to insert some more needless politics into the debate, lets say you have a room with 11 Republicans and 2 Democrats. Each of the Repubs has an IQ of 110 while the 2 Dems have IQ of 95 and 115 (feel free to swap party affiliations if it makes you feel better).

      So how many are above the average IQ of 109?

      So to be more accurate ....

      50% of Americans are below the median intelligence, not the average.
      But then again, it just doesn't have the same ring to it, so, I guess, carry on.

      (Truth be told, I don't really care. I'm just bored at work and didn't feel like jumping into the whole International vs. Domestic or FISA vs. Presidential Powers topics.)

      --
      Of course that's just my opinion...... you could be wrong!
    155. Re:47%? by Jeremi · · Score: 1
      Don't forget, 50% of Americans are below average intelligence.


      Not necessarily... it's true that 50% of Americans are below median intelligence, but if the range is skewed then there might be more or fewer than 50% below average intelligence. (As an extreme example, in a room with 99 poor people and Bill Gates, 99% of the people in the room will have below-average wealth for that group)


      Sincerely,
      Your Slashdot pedant

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    156. Re:47%? by tutori · · Score: 1

      It seems to me that FISA is a method by which FOREIGN countries can spy on U.S. citizens. That's not what happened.

      Not quite. On behalf of a foreign power modifies espionage, not surveillance and search.

    157. Re:47%? by Anonymous Coward · · Score: 0

      Now, please tell us which of your rights are being violated when the NSA records without a warrant a telephone call that you receive from a known terrorist.

      Now, please tell me why you can't be bothered to go to FISA for a warrant if I'm talking to a known terrorist. If this is a known terrorist, there isn't a judge in the FISA system that would dream of denying your request.

      Next, I love the whole 'tell me how your rights are violated' argument. If a person actually has to be locked up or whatever before you will admit their rights have been violated, then people living in China and Cuba have an awful lot of 'rights' :-P

      Get a fucking clue, you apologists. This is NOT about conversations between known terrorist elements. There is NO WAY that FISA would ever deny one of these requests. Look at the history of the court, look at the rejection rate for warrants. This is about wide nets of recording that hope to capture 'suspect' calls at random, not specific and targetted surveillance.

    158. Re:47%? by Anonymous Coward · · Score: 0
      There is one sense in which the president deserves what has happened to him: He and his political allies are the people who made it possible, who created the legal mechanisms by which his private life became a matter of public, legal record.

      There's an important lesson there.

      The Republicans who approve of the current eavesdropping without judicial oversight shouldn't. Even if it's not being abused by the current president, what about possible future presidents you don't like(eg - President Hillary Clinton, President Al Sharpton, President John Kerry, President Al Gore, etc.).


      http://americanthinker.com/articles.php?article_id =5150
       
      ...Even as the Times defended Echelon as "a necessity" in 1999, evidence already existed that electronic surveillance had previously been misused by the Clinton Administration for political purposes. Intelligence officials told Insight Magazine in 1997 that a 1993 conference of Asian and Pacific world leaders hosted by Clinton in Seattle had been spied on by U.S. intelligence agencies. Further, the magazine reported that information obtained by the spying had been passed on to big Democrat corporate donors to use against their competitors. The Insight story added that the mis-use of the surveillance for political reasons caused the intelligence sources to reveal the operation.

      "The only reason it has come to light is because of concerns raised by high-level sources within federal law-enforcement and intelligence circles that the operation was compromised by politicians--includingmid- and senior-level White House aides--either on behalf of or in support of President Clinton and major donor-friends who helped him and the Democratic National Committee, or DNC, raise money."


      So, during the Clinton Administration, evidence existed (all of the information used in this article was available at the time) that:

      -an invasive, extensive domestic eavesdropping program was aimed at every U.S. citizen;

      -intelligence agencies were using allies to circumvent constitutional restrictions;

      -and the administration was selling at least some secret intelligence for political donations.


      These revelations were met by the New York Times and others in the mainstream media by the sound of one hand clapping....
    159. Re:47%? by Manchot · · Score: 1

      You obviously didn't read the "mental" part of the definition, did you? Non-permanent physical injuries can lead to permanent mental injuries. For example, I'd say that being forced at gunpoint to lay in a pyramid of naked men would probably cause permament mental damage, even though the physical damage is minimal.

    160. Re:47%? by Fulcrum+of+Evil · · Score: 1

      While i'm sure some of you may have a vendetta against the Bush administration, and anyone would be hardpressed to deny that there have been tactical blunders in Iraq/WOT [...]

      Oh great, I call out Bush and Co. on illegal surveillance and suddenly I have a vendetta. Oh yeah, tactical errors? How about huge clusterfuck, we shouldn't be there at all?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    161. Re:47%? by monkeydo · · Score: 0, Troll

      That does not make the President exempt from those laws.

      Yes it does.

      He is still liable for prosecution.

      No he isn't.

      Congress simply can't make any law that would affect the President's power to exercise his Constitutional authority. Can't do it. Any such law would be void. Congress can pass a law that says the President has to file a tax return, but not paying taxes isn't part of the President's executive powers. Congress could not pass a law that said the President has to ask their permission before giving pardons.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    162. Re:47%? by Anonymous Coward · · Score: 0

      For all we know, it is true. The only thing we have against it is Bush's word that he's not spying on citizens, but for whatever reason his program is so super-sensitive that he can't even trust the top secret FISA court with the list of people he's spying on.

    163. Re:47%? by man_of_mr_e · · Score: 1

      While it's true that the president can ignore any law he wants, it's not for the reason you suggest. The president is immune to prosecution, since he has the power to pardon anyone for anything. However, that doesn't mean he can't be prosecuted once he's removed from office (either by impeachment or his term expires).

    164. Re:47%? by gb506 · · Score: 1
      You are aware that Echelon is entirely OUTSIDE the US right? Same for the NSA, at least until Dubya changed their focus (the entire concept of our discussion here today).

      That's incorrect. They get around it by using Canada, the UK, and Australia to intercept US domestic signals intel.

    165. Re:47%? by scheming+daemons · · Score: 1
      Clue: Osama bin Laden only makes an "appearance" when the Bush administration is in trouble and needs a poll boost. See October 2004... see now...

      Clue: we are to believe that a man whose kidneys stopped working years ago.. who lives connected to a dialysis machine.. has been living in the mountains of west Pakistan for four years with no electricity and this administration cannot kill or capture him, despite having the most powerful military apparatus in the history of human existence at his disposal.

      Clue: bin Laden is probably already dead.. but this administration needs to bring out the "boogie-man" on occassion to rally the masses for support of their assault on civil liberties. That's why "stock" footage of a younger, healthier bin Laden always accompanies the "audio-only" tapes that the CIA tells us are authentic... really. Trust us. Boo!

      Clue: You are being played.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    166. Re:47%? by tweedledopey · · Score: 3, Informative

      Wow. That's truly f'in brilliant. He can't ignore a law, no matter who passed it. The murder analogy above works well. His executive powers are for enforcing the laws of the land, whether they be delegated to him by Congress or the Constitution. Those powers not delegated to him are not expressly given to him. The President can't say "oh I don't like habeus corpus" and suspend it just because there's a war on (just ask Lincoln). Or well, at least he couldn't until we all became whimpering babies. Read your intro US Government book again, and this time take notes.

    167. Re:47%? by Politburo · · Score: 1

      Actually, if you're outside the United States and make a call to outside of the US, they don't need a warrant. Wacky, I know.

    168. Re:47%? by tralfamador · · Score: 1

      And who says they didn't? As you pointed out, they got thousands of warrants. How do you, at this point in time, know that the program didn't get warrants for these kinds of taps?

      if the program was getting warrants for all of them, why would bush want warrantless wiretaps?

    169. Re:47%? by Sir_Eptishous · · Score: 1

      Wake up Joseph Goebbels, if you don't think there is a problem with a neo-fascist agenda taking over the US, start listening to something other than Michael Savage. Get your head out of your ass and bushes ass. Impeach the president for protecting his own corporate and nut-job right wing buddies??? The supreme court and diebold elected him and would again if the elections wer held today. No one except a few fascists think the president didn't break the law, and if it isn't breaking the law, then the President will be changed; as suggested by the fascists themselves. Monitoring Americans phone calls to people in the US during an invasion of a non-threatening country is absolute BS you idiot. Go join the National Socialists Workers Party.

      --
      We play the game with the bravery of being out of range
    170. Re:47%? by monkeydo · · Score: 1

      Is commiting murder part of the President's executive authority? No. Can he order executions without alleging a violation of a law passed by Congress, and without the order of a court? Yes.

      If Congress doesn't like the President's behavior, they can impeach him. He may or may not be subject to laws passed by Congress outside of the scope of his authority as President (it depends on the law, really), but they can't restrain him otherwise.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    171. Re:47%? by Cro+Magnon · · Score: 1
      If the President decided to herd all the Democrats into ovens, Congress has no authority over his "exercise of executive power"? Is this what you want?


      Hmm! :)

      Nice as it sounds, no it isn't. For one thing, we'll eventually have a Democratic president again. That's something the right seems to be overlooking. It's not just a question whether Bush can be trusted. It's a question whether every future president of any conceivable party can be trusted. The President is not a King! Congressional oversight is neccesary, terrorists and National Security (tm) notwithstanding.
      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    172. Re:47%? by raddan · · Score: 1

      Do you have a reference for that?

    173. Re:47%? by jahudabudy · · Score: 2, Insightful

      Nope, you still have each and every right outlined in the Constitution and the Bill of Rights.

      To nitpick, the rights outlined in the Constitution (which includes the Bill of Rights) are not the sum total of our rights as US citizens. The Bill of Rights is merely a top 10 list of the rights the founding fathers felt were really really important. In theory, we the people have all rights not denied us by Constitutionally granted powers. That is, the Constitution is supposed to define exactly what powers the Federal gov't has to intrude on us; in everything else, we the people have the right to be free from Federal inteference. So saying something doesn't deny a right outlined in the Constitution is not quite the same as saying that it doesn't deny any of our rights.

      Of course, in practice, we the people have (or will eventually have) only those rights that we insist upon.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    174. Re:47%? by pixelpusher220 · · Score: 1

      And by proxy that drug dealer monitoring has already been reviewed and approved by a Judge...so no constitutional violation.

      All people are asking is the same level of deference to the Constitution be given in terrorism cases. They can get the warrants AFTER the call....so how is this stopping them from tapping the calls?

      --
      People in cars cause accidents....accidents in cars cause people :-D
    175. Re:47%? by gfxguy · · Score: 1

      That's a ridicules argument that I've already dealth with above... any phone, anywhere in the world, then, is a domestic wiretap because someone from the U.S. happened to call it? Let's get something straight: they don't NEED a warrant to tap OBL's cell phone just because someone from the U.S. might happen to call it.

      --
      Stupid sexy Flanders.
    176. Re:47%? by monkeydo · · Score: 0, Troll

      However, that doesn't mean he can't be prosecuted once he's removed from office (either by impeachment or his term expires).

      He's probably immune for any acts committed in good faith in the performance of his duties as President. That's what we're talking about here. Not Clinton sexually harrasing subordinates, or Nixon spying on his personal enemies, but official acts. Big difference. Huge.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    177. Re:47%? by Anonymous Coward · · Score: 0

      The suspicion is that the tap was on a woman CNN repoter (can't remember her name) whose husband worked on Kerry's campaign.

    178. Re:47%? by Politburo · · Score: 1

      You know what the difference in your situation is?

      The local police get a warrant and tap my phone.

      No one's saying don't listen. We just want to preserve the checks and balances.

    179. Re:47%? by Anonymous Coward · · Score: 0

      It's already been admitted by the Bush Whitehouse that calls which both ends of the call were inside of the US were monitored by the program.

      Additionally wiretap law indicates that any tapping of a call in which one end was an American citizen on American soil requires a warrant.

    180. Re:47%? by monkeydo · · Score: 1

      No.. I wouldn't know.. but another party, one not part of the administration, would have verified the appropriateness of the wiretapping. The check-and-balance would be there.

      How would you know? You wouldn't. Just like the silly lawsuit from the ACLU will be dismissed, because none of the plaintiffs know whether or not they were "spied" on. If someone winds up being prosecuted based on information gathered without a warrant, that would be the appropriate time to "know" all of this.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    181. Re:47%? by srussell · · Score: 1
      If it is declared legal watch this story quickly be forgotten...
      No, if it is declared legal, I'll spend all of my free time and resources organizing and lobbying congress to make it illegal.

      I really hate the fact that I have to quote this so often, but it seems that Americans are becoming increasingly senile:

      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety."
      - Benjamin Franklin
    182. Re:47%? by galaxyboy · · Score: 1
      Why are we concerned about terrorists?

      I don't know. Why don't you ask familes of victims of previous terrorist attacks why we should worry about terrorists? A person that is willing to sacrifice themselves to blow up a jet, bus, or train full of innocent people is a little scary to me.

      Another thing that scares me is how easy it would be to do something like that anywhere in the world. I say let the government keep on eye on people that are suspected to do these things.

      I apparently don't have to worry about this anyway because I never make international calls to Afghanistan.

    183. Re:47%? by gfxguy · · Score: 1

      I disagree... if the evidence is there, but a party line vote saves Bush from impeachment, the democratic party easily wins midterm elections.

      Pretending it's a lack of evidence at this point in the game is so patently absurd as to defy rational thought.
      That's funny because the democratic politicians who have been meeting on the subject to decide what to do haven't been able to figure out if the law has been broken, they've only been able to discuss what their choices are if the law's been broken... I'd wager they know a lot more about the situation than either you or me.

      --
      Stupid sexy Flanders.
    184. Re:47%? by TomRitchford · · Score: 2, Informative
      Is commiting murder part of the President's executive authority? No. Can he order executions without alleging a violation of a law passed by Congress, and without the order of a court? Yes.

      I am astonished. You do believe, then, that the President could simply round up the Democrats and execute them at his pleasure! I don't see how the right to impeach trumps that.... the moment someone brought up impeachment, he'd be dragged out and shot and his body dumped on the ever-growing pile.

      Can you show me where in the Constitution or in the body of law that interprets the Constitution this "right to break the law" exists?

      The fact that you seem to think this is a good idea makes me think you're a troll.
    185. Re:47%? by skarphace · · Score: 1

      Wow, you have a very distorted view of the constitution. The president is not all powerfull. He can not do whatever he wants. He can not ignore any law he wants without consequences. There are 3 branches of government for a reason.

      Basically, what you're saying is that I can ignore the law and shoot you in the face. That doesn't mean I won't have consequences to deal with afterwards.

      Your logic is skewed.

      --
      Bullish Machine Tzar
    186. Re:47%? by Cro+Magnon · · Score: 1

      And what happens in 2008 (or whenever) when an evil, atheist Democrat gets elected? S/he can then use Bush's precident to tap the phone lines of her/his enemies.

      It's not about Bush! It's about whether any President should have unchecked power!

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    187. Re:47%? by miskatonic+alumnus · · Score: 2, Interesting

      So, is it the loss of life --- yours and your loved ones --- that warrants your fear? Because if that is the case, the probability of being killed by terrorists is tiny when compared to say the probability of dying in an automobile accident. For some strange reason, I don't hear masses of people calling for the destruction of the Ford Motor company. Why could that be? Maybe, just maybe, loss of life and limb isn't the reason behind all the noise.

      Try again.

    188. Re:47%? by monkeydo · · Score: 1

      Given the narrow (and probably fictional) scenario you outlined, none of my rights, or anyone else's, are being violated ... which is why the administration should have no problem proving to me that they only recorded phone calls from/to known terrorists.

      From the information that has come out from all sources, this is the type of spying that was taking place. The administration is under no obligation to prove anything to you. If you don't like Bush's administration, don't vote for him. You being satisfied has nothing to do with the legality or ilegality of the NSA's activities.

      They could prove it by having some third party... I don't know.. some kind of court... say, the FISA court... verify that the calls they recorded were to/from known terrorists and were on the up and up.

      Now, how would that prove anything to your, since you would never know about it? Citizen oversight just isn't possible wrt every single thing our government does. Your requests for proof are ludicrous given the context. If Bush had done exactly what you say he should have done, his actions would still have been secret. So, obviously you can't have a problem with the secrecy. Now, tell me, what harm results when a person's conversations are recorded in such a way that the person does not and will never know they were being recorded?

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    189. Re:47%? by antiMStroll · · Score: 1
      "Exactly how does a post that reads in its entirety "No, this is not true." possibly get modded up as 'informative'???"

      Welcome to Slashdot. :)

    190. Re:47%? by jimmyn · · Score: 1
      Here you go, a lie by the President in which he had prior knowledge contrary to what he was saying. It also happens to be exceptionally in context.
      BUSH: Now, by the way, any time you hear the United States government talking about wiretap, it requires - a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. link

      From a speech in April of 2004, well after the "terrorist surveillance" program had been underway in which the NSA was authorized by the administration to use wiretaps without getting a court order.
    191. Re:47%? by scheming+daemons · · Score: 1
      Now, tell me, what harm results when a person's conversations are recorded in such a way that the person does not and will never know they were being recorded?

      You're right... so you would have no problem with the next Democratic administration, whenever it occurs, listening in on your phone calls or reading your private correspondence?

      After all.. what harm could be done?

      Really... what harm was done when Nixon decided to tap the DNC headquarters to listen to their conversations?

      Look.. I know you're a troll.. and exceedingly, not a very good one. As a citizen of this country, indeed, of this planet I have certain inalienable rights.

      one of which, as established by the 4th amendment and reinforced by countless court precedent over the years, is my right to privacy.

      The government has no right to listen to my calls, or read my mail, with probable cause.

      The "harm" that is done is to the 4th amendment to the U.S. constitution and to all law-abiding citizens of this country to NOT have their privacy violated.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    192. Re:47%? by antiMStroll · · Score: 1

      Ding ding! We have a winner. People are being trained to vote for Leaders, not civil servants. The gulf in expectations is huge. In the latter the Adminstration and government serves your needs, in the former they permit. It should take no more than a quiet afternoon at the library to convince that the new interpretation is not what the Founders of the American republic had in mind.

    193. Re:47%? by gfxguy · · Score: 1

      We're dealing with tapping of US phones, and the calls those phones place/receive. Not the same situation.

      Are we? Because if that's the case, I'd agree with you. But that's not what we were arguing about... I've quite clearly been arguing that if we're tapping a foreign line and a U.S. citizen calls it, you can't call that "domestic wiretapping" because you're not tapping a domestic phone.

      But I think the situation is more in the middle... they are not tapping the phone, but it sounds more like that are tapping exchanges which certain calls are being pushed through. In other words, your call might be tapped only if you are calling, or being called by, one of their watch numbers.

      If the number is being watched because it's a known terrorist number, then you don't need a warrant; you have probable cause.

      Again, I'm not saying what is or isn't the case, I'm saying I don't think people have their facts straight. As far as the discussion goes, the poll on domestic wiretapping is truly scary, even when you add the phrase "to fight terrorists", but I'm afraid the poll is misleading because I don't think we actually know at this point that it what was happening.

      --
      Stupid sexy Flanders.
    194. Re:47%? by antiMStroll · · Score: 1

      Half would argue to criminalize inhaling, the other half exhaling.

    195. Re:47%? by monkeydo · · Score: 1

      You do believe, then, that the President could simply round up the Democrats and execute them at his pleasure!

      It depends, you haven't given enough facts to say either way. If he has some evidence that they are agents of a foreign government then the answer may be yes. He can order them held in a military prison, and if he likes, executed. Whether or not anyone would follow such an order probably depends on how rowdy the Democrats get. No laws will have been broken in this case. OTOH, if the President just went up to Capitol Hill with an UZI and opened fire, that would be a different story. But that wouldn't in any way be an official exercise of his Presidential authority.

      Please see Article II of the Constitution and the Supreme Court's decision in Hamdi v. Rumsfeld.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    196. Re:47%? by monkeydo · · Score: 1

      OBL is dead?

      Bush really is the greatest President ever!

      You must be an absolute moron if you actually believe that the Bush administration knows of OBL's demise and isn't publicizing it. There's plenty of boogeymen out there, and if OBL was really dead, Bush could move on to the next one.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    197. Re:47%? by teeker · · Score: 1

      Slow down with the Kool-aid there, kid. First, if the country FOREFITS it's most basic freedoms, then why even bother to defend it? If we're not free, it's not worth the trouble to begin with. You might as well just spit on the constitution. Yes having our buildings blown up is a problem, but I am NOT ABOUT to sit around and let the United States tear it's very BASIC IDENTITY to shreds for fear of some asshole with a boxcutter. No way in hell. If you're for that kind of "defense", then maybe you're the one who should be joining the Taliban...they LOVE telling people what to do.

      Second, since you seem all gung-ho to allow chimpy to do whatever he thinks is necessary, remember this....this is precedent he's setting here. Legally or popularly...if he gets away with something, then future presidents will also probably get away with the same thing, using the same excuses. So ask yourself, "Hippy-liberal hater", would you be totally cool with this (to the point of actively defending it) if Hillary Clinton were doing it? Because mark my words, some day, nuts like you are going to force the people to vote for a nut like her, and then you'll be sorry you allowed this kind of behavior to become acceptable.

      What goes around comes around. NOBODY should be allowed to get away with this.

      --
      teeker
    198. Re:47%? by monkeydo · · Score: 1

      No, not all of the President's powers are delegated to him by Congress. That's truly absurd. Some obvious examples are the power to pardon (even for crimes created by Congress!) and his power as CIC of the armed forces. These powers are given to the President directly by Article II of the Constitution, and there's not a thing Congress can do about it. For a recent reference, please see Hamdi v. Rumsfeld.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    199. Re:47%? by gallen1234 · · Score: 1

      you have no evidence

      That phrase is right on target and highlights why comparisons to Nixon are particularly appropos. This president is extremely secretive on a scale that would have Nixon nodding in approval, not just with the American people but with Congress who is supposed to be overseeing these things. When the President stonewalls every effort to collect evidence even by the people who are supposed to be monitoring, it makes it very difficult not to indulge in a certain paranoia. Especially when he's been caught with his hand in the cookie jar before.

    200. Re:47%? by Savantissimo · · Score: 1

      In the interests of not making a book-length post:

      http://www.bushlies.net/pages/10/
      Top ten lies.

      http://bushwatch.org/bushlies.htm
      With more lies from administration officials as well as Bush

      http://www.bushlies.net/pages/1/
      War on terror lies.

      http://www.buzzflash.com/contributors/03/07/22_lie s.html
      Iraq lies.

      http://pearly-abraham.tripod.com/htmls/bushlies1.h tml
      More lies.

      Google " "bush lies" OR "Bush administration lies" " for another million or so pages.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    201. Re:47%? by gfxguy · · Score: 1

      If that drug dealer is in Mexico, then no, they didn't have a warrant for that tap either (at least not in the U.S.).

      Here's the question, and why it may be more of a gray area than people think. So here's how it works... let's say they tap the exchanges that would connect calls to the drug dealer in Mexico. They don't tap his phone, they don't tap yours... but they eavesdrop on calls made through that exchange to the drug dealer's number.

      Now, are they tapping your phone? No. Is it still a fourth amendment violation? I don't know... I don't know if a warrant is needed to tap calls to foreign numbers like that, they are not tapping YOUR phone.

      Is this what's going on now? I don't know! I don't know any details! Apparrently none of us do! And while crying about upholding the constitution, very few of you seem to care to give Bush his due process. If he's guilty, he's guilty and I won't defend him - I have no reason to since I don't like him anyway. It's just my spider sense is telling me this is more partisan b.s. than it is about upholding the constitution.

      --
      Stupid sexy Flanders.
    202. Re:47%? by tyrione · · Score: 1
      As a pragmatic Libertarian I highly recommend you read the Jefferson Writings from the Library of America.

      Not to defend Lincoln one bit, but the issue first arises during the debates on the Articles of Confederation and how States should be taxed concerning the value of property. Mr. [Samuel] Chase attempts to proclaim Slaves as a non-labor force thus tax free and immune to State taxation, whereas Mr. John Adams rightly discusses the relationship of the north and their "cattle" to that of the south and their "slaves" and rules the slaves out as cattle--tax free labor--and rightly debates slaves as freemen in matters of invested labor where both property owners could equally invest their labor needs in cattle to replace the work of either freemen or slaves thus eroding the false claim that slaves are tax free property.

      Mr. [Benjamin] Harrison proposed a compromise of merits between freemen and slaves wherein the freeman is worth the value of two slaves.

      Mr. [James] Wilson in a lengthy and sound argument debates the relationship of profit skimming by the Southern States and increased importation of tax free labor (slaves) will add to the burden of the nation's cost to defend such a workforce thus drawing upon a disproportionate burden of tax on the Northern States due to several issues not the least of which includes labor costs of freemen (basic needs of food and clothing) being greater than that of a slave.

      In short, the Southern States wanted to be able to have their cake and eat it as well. If they didn't have to pay taxes on certain classifications of labor (cattle==slaves) then they would maximize their tax free labor to its fullest. Their net profits would increase disproportionately to their Northern counterparts yet the need to defend such an enormous labor force would, by tax percentage, draw disproportionately on the Northern States to compensate for the resources to defend these laborers against foreign enemies. The North was getting jacked up by the South and the South "just couldn't be bothered" with such nonsense.

      Pragmatically, the Southern States couldn't be bothered with retrofitting their slaves with cattle or freemen laborers since that would dip into their profits. Instead, they'd rather go to War.

    203. Re:47%? by man_of_mr_e · · Score: 1

      The ACLU claims to have evidence of spying and wire tapping of people classed as "subversives" having nothing to do with fighting terror. Ie., Bush's personal enemies.

    204. Re:47%? by Anonymous Coward · · Score: 0

      It is illegal, according to both the FISA law, and the 4th amendment to the constitution (probable Cause).

    205. Re:47%? by galaxyboy · · Score: 1
      First of all, if automobile accidents aren't a big deal, why do we continually improve the safety of our cars? Why do we have seat belt laws? Why do we have organizations like MADD? There are lots of things people do to try to make our cars safer. We know there is a risk when getting into a car and we accept that risk. Also, if we stopped making safety improvements right now and continued with our existing laws and practices, the number of automobile accidents would probably not increase (at least per capita) so the risk stays pretty much the same.

      If we ignore terrorists, do we have the same guarantee? I don't think so. If we don't stay on top of our game, they will find ways to get through and the risk of dying by way of a terrorist attack will increase.

      Just curious...what is the greater risk in Israel (during times when Hamas and other organizations have been actively blowing up busses)?

    206. Re:47%? by gfxguy · · Score: 1

      I thought I wrote this elsewhere, but why would Bush want warrantless taps? Because they were taps that he didn't legally need warrants on.

      You agreed they got thousands of warrants; who says they didn't just go ahead and get the warrants where they legally needed them, and didn't where they didn't?

      --
      Stupid sexy Flanders.
    207. Re:47%? by dlt074 · · Score: 1

      that 47% are probably more on the liberal end of the political spectrum and thus tend to not have arms to get up in.

      the second amendment was created for this very reason.

      i love irony

    208. Re:47%? by mzwaterski · · Score: 1

      You thought about that much more critically that I ever could on a Friday! After reading your analysis I feel silly for not thinking the same thing. However, you are correct, 50% below the median just doesn't sound great!

    209. Re:47%? by monkeydo · · Score: 1

      You're right... so you would have no problem with the next Democratic administration, whenever it occurs, listening in on your phone calls or reading your private correspondence?

      I have no problem with law enforcement (which knows no political party) opening any correspondance into or out of this country, nor listening in to any international phone calls to or from endpoints known to be used by known or suspected terrorists. Is that clear enough?

      one of which, as established by the 4th amendment and reinforced by countless court precedent over the years, is my right to privacy.

      The so called right to privacy manifests itself in many ways. Freedom from unreasonable searches and seizures is one of those ways. However, beyond freedom from unreasonable searches and seizures, the fourth amendment doesn't say much about your right to privacy.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    210. Re:47%? by Anonymous Coward · · Score: 0

      This made me laugh out loud:
      http://fafblog.blogspot.com/2006/01/q-our-omnipote nt-president-q.html

      Nice commentary on the politics of fear. Whatever happened to REAL American patriots, the kind that would say "Give me Liberty or give me Death!"? The question should have been phrased "Do you approve of the President violating the Constitution and existing laws to illegally wiretap Americans without a warrant?".

      "Q. Can the president spy on me without a warrant?
      A. The president would never, ever spy on you, unless you're talking to a terrorist.
      Q. That sounds reasonable!
      A. Or an associate of a terrorist or a suspected associate of a terrorist or a possible suspected relative of a member of an affiliate of a terrorist or someone with a name that's spelled like a terrorist's or someone who's been mistakenly identified as a terrorist by an NSA algorithm.
      Q. That sounds like I should look into switching to smoke signals.
      A. Well if you want, the president can stop the illegal wiretapping just for you.
      Q. Really? Well thanks, that'd be great!
      A. And then the terrorists can come and eat you.
      Q. Wait! What?
      A. Cause without the wiretaps there's nothin to stop the terrorists from eatin you, yknow. The terrorists and their army of bees.
      Q. Oh no! I'm allergic to terrorists AND bees!
      A. Oh that's too bad, cause now the president hasta stop the illegal wiretaps and let alllll those terrorist bees eat you.
      Q. Quick! Put the wiretaps back, put the wiretaps back!
      A. No no, you just said you wanna get eaten. Eaten by terrorist bees.
      Q. I change my mind! Please let the president wiretap me, pleeeease.
      A. I dunno...
      Q. Please, I can change! I DO believe in terror, I DO believe in terror!
      A. Oh, alright. But just this once!
      Q. It's a Nine-Elevenmas miracle!"

    211. Re:47%? by Anonymous Coward · · Score: 0

      It is ridiculous that 47% of Americans are not completely up-in-arms about this. We can't have our president breaking any law that he wants to.

      Mr. Bush actually has a good argument for legality here... provided that this really is limited to international calls with suspected terrorists on one end (as the New York Times said in its initial report).

      I don't agree with all of his argument, but here's my understanding of it:

      The US said that it is at war with al Qaeda. This authorizes Bush to kill suspected terrorists in other countries. But.. although blasting them into smithereens or turning them into jelly is A-OK, he's not allowed to tap their phones without getting a court order? Since when does the judicial branch get involved in foreign war operations?

      Furthermore, Congress is limited to those powers specifically granted to it by the Constitution. Thus, Congress has the power to raise an army, fund it, and declare war. It doesn't have the authority to limit the President's ability to direct military operations as Commander-in-Chief of the armed forces. Congress can increase or decrease funding (the ultimate check on executive power), but it can't pass a law saying "The President is not allowed to launch cruise missiles at Switzerland." Spying on foreign terrorists during a war on international terror is essentially a military operation.

      [IMHO, that last bit is the weakest point of the argument.]

      ---

      http://www.huffingtonpost.com/greg-gutfeld/finally -the-roe-v-wade-_b_14437.html

    212. Re:47%? by monkeydo · · Score: 1

      Let's see it. There's no such thing alleged in their complaint, so I doubt it exists.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    213. Re:47%? by TomRitchford · · Score: 2, Informative

      Here's article II, section 2, which explicitly spells out the President's powers. Please direct me to anywhere in Article II that says that the President can break any law he feels like. Do remember: we are not at war; and even if we were, the President's discretionary powers last for days after the outbreak of war, not years.

      Hamdi cannot possibly be read to indicate that the President has carte blanche to break laws at will. This is about holding Americans who have taken up arms against this country in the service of foreign power.

      Is this what you want? A dictatorship? Because that's exactly what you are talking about. And I'm not using that word lightly.

    214. Re:47%? by Anonymous Coward · · Score: 0

      That comment perfectly demostrates the idiocy which will destroy your democracy. Laugh it up funny boy. The future certainly will at your nation's expense.

    215. Re:47%? by Nopal · · Score: 1
      The President also said that Iraq had vast quantities of WMDs, and that they knew exactly where they were hidden and it was just a matter of going in and getting them.

      Pardon me if I take your post with a grain of salt, but could you support some evidence of this claim? In what speech did Bush came out and said "Iraq has vast quantities of WMD", or that they knew exactly where they were hidden, etc. I hear claims like this all of the time, but it would be nice if someone posted some in-context supporting quotes for a change.

    216. Re:47%? by Jeremi · · Score: 1
      here you go. As for "knowing exactly where they are", that was a Donald Rumsfeld quote, not Bush, my apologies. However, Donald Rumsfeld was Bush's secretary of defense at the time.


      "Our intelligence officials estimate that Saddam Hussein had the materials to produce as much as 500 tons of sarin, mustard and VX nerve agent." -- George W. Bush, January 28, 2003


      "We know where they are. They're in the area around Tikrit and Baghdad and east, west, south and north somewhat." -- Donald Rumsfeld, March 30, 2003

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    217. Re:47%? by gb506 · · Score: 1

      So, you'll continue thwarting the administration's anti-terrorism activities so long as someone else's family is blown into bloody pulp? What a nutjob.

    218. Re:47%? by frank_adrian314159 · · Score: 1
      As an aside, has anyone else noticed that the people who are most afraid of terrorism are the ones who live where there is the absolute lowest chance of being targeted?

      Yeah. That's because their kids haved moved into the target zones because they couldn't find jobs in the backwoods s**tholes they grew up in.

      But outside NY, DC, Chicago, LA, SF, and (maybe) Seattle, Atlanta, and Denver, does anyone really think their town is ground zero for terror? I really laugh when I see politicians in Missoula and Peoria going on about how they must be prepared for terrorism! Well, I laugh until I see a bunch of morons lapping this crap up. Here in Portland (you may now discount me as being a lib'ral) I'm a lot more worried about home-grown wackos like McVeigh and Nichols (or even the ELF) than I am about Al Quaeda (and I sure as heck don't lose a lot of sleep over them, either).

      It's time we faced facts and realized that the "War on Terror" is simply the latest in the long set of wars on nouns used to allow politicians to posture menacingly for the cameras.

      --
      That is all.
    219. Re:47%? by isotope23 · · Score: 1

      Pragmatically, the Southern States couldn't be bothered with retrofitting their slaves with cattle or freemen laborers since that would dip into their profits. Instead, they'd rather go to War.

      I'd have to disagree. The book I mentioned above goes back into the federal revenue receipts. The south was clearly paying close to 90 percent of federal revenue. This was going on for at least 30-40 years prior to 1861. The reason for this was the south being an agrarian society exported its products overseas and usually took payment in the form of manufactured goods, (which where subject to federal taxation). The north had become industrialized, and typically did not export its manufactured goods to europe, (thus very little federal taxation). The republican party came to power on the issue of protectionism for northern industry. Thus its support for increasing the excise tax.

      The book is interesting in that it has a number of political cartoons of the time. It's clear the worry was all the federal revenue from the south that was going to leave. The other big issue for the north was a southern nation with excise taxes placed upon northern goods. If the CSA was established, both goods from europe AND the USA would be placed on an equal footing in regards to excise taxes.

      The war not about slavery. Indeed, Lincoln tried to make clear in his first innuagural address that he did not have the power nor the inclination to outlaw slavery. It only became an issue as the war progressed and the north started having a hard time. They needed a moral issue IMO to justify the horrifying losses.

      --
      Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
    220. Re:47%? by ninjagin · · Score: 1
      I wasn't aware that Clinton was convicted of perjury. Just reading this, it seems like the counts were all unsupported when it came time for the republican-led congress to vote. Clinton's biggest distortions were about an affair he had. It's worth noting that he came clean on travelgate and whitewater and a couple of other very loudly-trumpeted purported transgressions, too.

      The guy wasn't a saint by any stretch, but he was continuously attacked by the right and the most they could get was some pretty misleading statements about some "sexual relations" he had. I think there are a lot more serious questions about the current administration, and while they get trumpeted just as loudly as those made against clinton, it would be a mistake to assume that they have a similar lack of substance as those made against clinton.

      As a side note, it's interesting that you think illegal search and seizure isn't that serious. Maybe it isn't that serious to rebublicans, I dunno. It is, however, rooted in the constitution (see "warrantless searches") -- the same constitution that this president took an oath to protect and defend.

      Sadly, I think that GWB is even more of a "slick willie" than the original Slick Willie. He'll get away with it like he's gotten away with everything else... by making it secret, linking it with the war on terror, and accusing his inquisitors of being unpatriotic and and aiding the enemy. Turdblossom tactics all the way. Viva La Rove-alution!

      --
      .. pa-ra-bo-la, pa-ra-bo-la, 2 pi R, 2 pi R, where's your latus rectum, where's your latus rectum, 2 pi R
    221. Re:47%? by tombeard · · Score: 1

      And just how would you know that?

      --
      The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
    222. Re:47%? by Darby · · Score: 1

      Read Polybius. There's a discussion in his history of the Punic Wars designed to explain to Greeks why the Roman Republic was superior to Greek democracies or oligarchies because of its balance of powers.

      I assume you mean his, "The Rise of the Roman Empire" (which oddly enough was written while Rome was still a republic.)
      One of the most interesting things I've done was to read this immediately followed by The Decline and Fall of the Roman Empire.

      In "The Rise", Publius compares Rome to both Sparta and Carthage.
      Rome beat Sparta because in Sparta it was illegal for any man to own more than any other. If a man came to amass much wealth or land, it was divided up. This put a huge damper on their ability to become any sort of world power since trade was more or less a no go, and motivation wasn't there.

      Carthage, on the other hand lost out becasue they were the opposite extreme.
      There was pretty much nothing you could do in Carthage that was considered wrong provided it was profitable. Public officials were bribable, and their prices were even posted publically.

      In Rome, if any public official was caught taking bribes, they were killed. Some things just weren't done regardless of the profit potential since their society believed in some sort of morals.
      Needless to say, the early Roman Republic was far less corrupt than Carthage.

      So Rome in the repbulic, did a good job of heading down the middle ground between these 2 extremes.
      This is much Like the US was up until sometime around WW2.

      Then in Gibbon's "Decline", we see in the later years how Rome basically went the way of Carthage and was corrupted beyond repair due to their pure greed and lust for power without any redeeming moral virtues.

      This is where America is now, given the sole driving force behind our government is Profit above all, that they are entirely bribable and corrupt, and the people claiming to stand for moral values are the ones most supporting the destruction of any moral system in the name of profit.

    223. Re:47%? by Lisandro · · Score: 1

      Abu Ghraib, torture? You should really look up the internation definition of torture, Abu Ghraib was humiliating but certainly not torture. If you've got an axe to grind, then use the right stone.

          Yeah, humiliating alright. Sheeze.

    224. Re:47%? by Darby · · Score: 1

      Lincoln is the worst President the United States ever had. He single-handedly destroyed the Constitution and created the conditions where a cretin like Bush could act like a monarch.

      I disagree. I'd have to say that Reagan was worse than either.
      Look at the actual legacy of his administration:
      Terrorism, IslamoFascism, American Christofascism, US run torture schools, CIA involvement in the international cocaine trade, the destruction of the last scraps of integrity in the media ("crack baby" made up panics and the like). People like to credit him for the fall of the USSR, but that's nonsense. All he did was ensure that instead of any possibility of a smooth transition that their economy would collapse leading directly to massive proliferation of nuclear materials and experts to the highest bidder.

      Reagan's legacy contributed far more to Bush's ability to freely wipe his ass with every decent value this country ever had than Lincoln's did.

    225. Re:47%? by rwven · · Score: 1

      You are entitled to your opinion. "We" are not there, the soldiers are there and 99.9% of them whole heartedly believe in what they are doing. And you betray your "vendetta" pretty wildly in your comment. You don't have to say "I have a vendetta" for it to be obvious.

    226. Re:47%? by Anonymous Coward · · Score: 0

      He rode in a fighter plane and landed on an aircraft carrier and told us all "Mission Accomplished".

      He told us that he never met Jack Abramoff.

      That's 2.

    227. Re:47%? by lawpoop · · Score: 1

      "The president makes the laws. Therefore, anything he deems to be legal is legal."

      What the hell country are you talking about?

      Here in the United States of America, we have three branches of government. Power is split up among them so that nobody gets to be too powerful.

      The legislature (i.e. the House of Representatives and the Senate) makes the law. The president signs it. If the president vetoes it, the Congress can still override the veto, if they get enough votes.

      The courts determine what actions or laws are legal or illegal. The courts can throw out unconstitutional laws and throw people in jail for breaking the laws.

      The president's job is to enforce the law. He doesn't make law. He doesn't determine what is legal or illegal. In doing his job of enforcing the law, it is possible that he himself (or she herself) breaks the law. If there is any question as to whether the president has broken the law, he must be taken before the courts, because the courts decide what is legal or illegal, not the president.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    228. Re:47%? by khoury.brazil · · Score: 0

      You are just making shit up. The details about the calls has not been revealed. What supposed to happen is a 3rd party (the FISA court might do the trick here) is supposed to verify that everything is a-okay. Then a warrant is issued. Hell, they can even wait 72 hours after the call to get the warrant. For all I know these calls could be legitimate but just saying that they are makes you just as bad and party to them. If they are legit, why bypass the FISA court? Answer me that.

    229. Re:47%? by Anonymous Coward · · Score: 0

      Yes, its clear you are a pathetic coward whose so afraid of terrorists you'll give away all your rights as long as big daddy Bush makes everything better. If don't have the courage required to live in a free society you are perfectly free to leave the country. The rest of believe the rights that generations of Americans have fought and died for are worth protecting.

    230. Re:47%? by Anonymous Coward · · Score: 0

      Another thing that scares me is how easy it would be to do something like that anywhere in the world. I say let the government keep on eye on people that are suspected to do these things.

      Exactly. That's what the FISA courts were for. Issuing Warrants to allow wiretaps on international calls. They rejected what, less than 1% of wiretaps that were applied for, and could be applied for up to 72 hours AFTER the wiretap occurred. Bypassing them is indefensible.

      I apparently don't have to worry about this anyway because I never make international calls to Afghanistan.

      You're a fool. Do you honestly believe that someone in power who's given free reign to wiretap and spy on whomever he pleases would only use it for suspected international terrorists, and not for other nefarious purposes? ESPECIALLY if that person is part of an administration that has a whole lot of question marks surrounding it's own accountability and ethics?

      - DRFS Rich

    231. Re:47%? by rwven · · Score: 0, Offtopic

      You say Clinton was under attack constantly by republicans? Look at the Dems going against bush. It's just as bad if not far worse. The Rep's didn't have the 88% of the media backing them like the Dem's do. (That's right, 12% of the media can be considered more conservative than liberal. Explanation is in the rebuttal by fox to the "documentary" called "out foxed" if you want my source. It's pretty undeniable so don't write it off just because you don't like fox.)

      And as far as Clinton Purjuring himself, that was plenty documented and shown in news... He lied under oath. That's called Purjury. Duh. Just because he wasn't tried for it doesnt mean it wasn't true. The whole thing was pretty stupid anyway. Everyone wanted to impeach him and then, what, one person actually voted to remove him from office? It was all just a big "lets see how bad we can embarrass Clinton" ordeal. They SHOULD have stuck to the issues like purjury IMO. Having an affair in office isn't exactly illegal in any sense. Maybe it's against the code of conduct and maybe morally it's sick (anyone who cheats on their wife should have their manhood removed IMO), but it wasn't "illegal" per`se.

      Until anyone can prove somethign Bush did was illegal, he is innocent and that's the way it works. The closest thing to actually "illegal" he did was ordering the wiretapping and it's yet to be seen if that even WAS illegal. If it was, then he should deal with the consequences because otherwise every president from now on will have the authority to violate our rights. If it wasn't illegal then he "wasn't violating" our rights. There are circumstances laid out that call for measures like this to be taken, it just needs to be proved that this was one of those circumstances. They need to show exactly who it was done to and justify every single one of them and prove it was probably cause or something to that effect. There shouldn't be any blanket statements involved.

      LOL, I'm just glad this country doesnt operate on trial-by-opinion though because it's sure true that every president would be removed from office if that were the case.

    232. Re:47%? by randyest · · Score: 1

      Exactly how does a post that reads in its entirety "No, this is not true." possibly get modded up as 'informative'???

      The exact same same way that the grandparent post, which used a few more words to make an equally unsubstantiated claim, managed to get modded +3 Insightful.

      Last I checked, the jury was out on this one. If you have additional light to shed on this issue, kindly post the relevant links. If not, kindly stop astroturfing.

      Well, last I checked there was nether a jury nor even any evidence for the "jury" to consider. So, if you have something worth looking at it, kindly post it. As the one making the baseless allegations, the onus is on your to provide evidence of the claim you (and the GP poster) are making. If you have none, kindly eat a dick.

      --
      everything in moderation
    233. Re:47%? by lawpoop · · Score: 1

      "Why do you think they haven't already tried impeachment? "

      Because the public does not (yet) support it.

      "Because there's no evidence. "

      The Congress does not need evidence to start an impeachment. The public probably will not support impeachment without evidence, but still, it's not strictly required.

      "If and when evidence shows up, I'll be behind you 100%"

      Evidence is not just going to walk up to the Congress and say "hi". Especially since Bush & Co. avoided going to the courts to avoid making an evidence trail, and now that the cat is out of the bag, there is probably a huge effort to *cover-up* any thing that could be used as evidence.

      What we need is for congress to create an independent investigator, a Kenneth Star, to invesigate and find the evidence.

      The evidence isn't going to show up on its own. We need to get on Congress's ass so that they will set up an independent investigator.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    234. Re:47%? by Golias · · Score: 1

      He was not found guilty by the Senate in his impreachment trial, but he was found in contempt of court and fined a rather substantial ammount of money.

      So technically, yes. He was convicted of criminal behavior. It's all kind of irrelevant at this point, isn't it?

      --

      Information wants to be anthropomorphized.

    235. Re:47%? by BeBoxer · · Score: 1

      No, I'm repeating what's been reported. You're assuming facts not in evidence, and according to Sam Waterson, that's a no-no. The Federation of American Scientists has a good write-up on it here: http://www.fas.org/sgp/crs/intel/m010506.pdf. Page 2 lists some quotes on what the wiretapping encompasses.

      Page two contains nothing about the direction of the calls. You specifically stated "It's a similar circumstance here, except that the originator of the call is outside the country". What page of the CRS report indicates that only inbound call were tapped? That's why I accused you of making shit up. And I stand by that until you can point to a reliable source on the direction of the calls being tapped.

      IMO, they probably don't want to jump through any more hoops than is absolutely required, especially hoops they saw as irrelevant.

      So you aren't going to try and claim that they actually obeyed the law, but rather that it's OK for them to break the law? Because judicial oversight is required if you want to spy on US citizens. Just so you are clear. You appear to be supporting the position that the President is above the law? That this country is under the rule of men, not the rule of law? If the president decides that killing you and raping your mother is in the country's best interest, it's OK as long as he puts his cowboy hat on first? I know that sounds extreme, but you are claiming that there is no law that limits the behavior of the President and that his power is limitless. If you think there is a limit, where is it?

    236. Re:47%? by randyest · · Score: 1

      For all we know, it is not true. The only thing we have for it is TheNetAvenger's wholly unfounded claim that "One of the wiretaps was on the husband of Kerry's campaign manager..." but for whatever reason that allegation is so super-sensitive that he can't even provide a shred of evidence to support it.

      --
      everything in moderation
    237. Re:47%? by Politburo · · Score: 1

      If he has some evidence that they are agents of a foreign government then the answer may be yes. He can order them held in a military prison, and if he likes, executed.

      Under what authority? They are citizens of the United States in the Territory of the United States. Hamdi upheld due process.

    238. Re:47%? by Golias · · Score: 1

      Having an affair in office isn't exactly illegal in any sense.

      It would get most executives immediately fired from most jobs, but I personally think that the Republicans were wrong to weaken the Office of the President by going after him over a matter that could have been settled entirely in civil litigation. (And indeed, was settled in the long run.)

      The fact that a President lied under oath in a courtroom is considerably more serious. To this day I believe the country would have been better off if Clinton did the right thing and resigned when that came out. Not because Gore would make a better President than Clinton, but because a President without Clinton's baggage and distractions would have been far more effective during those critical years (particularilly in dealing with the rising threat of terrorism.)

      Remember when Clinton bombed the Sudan and parts of Afghanistan? Most of the country was talking about him "wagging the dog" the next day, because it happened to steal the front page away from a key development in his personal scandals. It became politically unviable for him to effectively follow up on that single, feeble attack. That should have been a rather clear signal to him that his own personal issues were going to prevent him from doing his job properly, and it was time for him to move over and let somebody else drive.

      --

      Information wants to be anthropomorphized.

    239. Re:47%? by Golias · · Score: 1

      If a cop hears a woman screaming "help help I've been kidnapped" from inside your house, he can kick in your door without a warrent, because he has reason to believe that a crime is going on.

      If he kicks in your door without such provocation, anything he charges you with is thrown out of court, and you can sue him for wrecking your door and invading your home.

      Likewise, if you have a known terrorist on your speed-dial, I've got no problem whatsoever with federal goons listening to what you say to him next time you call him.

      That's how "probable cause" works.

      --

      Information wants to be anthropomorphized.

    240. Re:47%? by lynx_user_abroad · · Score: 1
      Your phone was not being tapped when you called from Ohio to Wisconsin to wish your grandmother a happy birthday.

      With all due respect, you have no basis to make that claim.

      The Administration has always chosen it's words particularly carefully when describing (or failing to describe) the scope of the operations. We have been led to believe that evesdropping was limited to cases where at least one portion of the communication circuit was extraterritorial, and at least one person was a "party of interest" but that does not rule-out the (hypothetical) case you describe.

      Show me the route list, linkset, and CALEA profile for every leg of the call and then I'll believe you, for that one call. Or, if you won't show it to me, send it to the FISA court; I'll trust them.

      But, from what I hear, the specific numbers targetted were to and from terrorist's cell phones found in caves in Afganistan and the numbers that they had stored in them. Is that really so bad?

      Then perhaps you haven't been listening?

      If this were true, it would raise the question of how many domestic telephone numbers those cave-extracted cell phones containes, and why FISA would have a problem granting court orders in those cases.

      --

      The thing about things we don't know is we often don't know we don't know them.

    241. Re:47%? by straightcash · · Score: 1

      I think it is you who isn't getting it. The president needs permission to do this from an independent court because the details of the case need to be checked. They can tell us, like you say, that the calls originate outside the US. But how do we really know that? That's what the FISA Court is for.

    242. Re:47%? by einhverfr · · Score: 1

      There is more to this story than meets the eye.

      My guess is that these wiretaps are immense in scope and probably heavily automated. In essence the Bush administration have, in their attempts to allay concerns, been describing the eschalon system that many suspected of existing. This system has probably been used in foreign surveilance for some time, and may even have been used domestically (though probably illegally, though IANAL) before 9-11.

      I have trouble believing that even the FISA court would authorize such automated wiretapping. This is what they are hiding and why they don't want to go to court.

      --

      LedgerSMB: Open source Accounting/ERP
    243. Re:47%? by straightcash · · Score: 1

      Its too bad that jumping through the FISA court hoop is required because it is the Law. The president is not above the law, even if he and his cowboy hat like to think so. OMGWTFDSLASDFTTYLAFKSBCIBM-320rf;lfmsdf-04...

    244. Re:47%? by tweedledopey · · Score: 1

      Yeah, that's what I said. His executive powers are for enforcing the laws of the land, whether they be delegated to him by Congress or the Constitution

    245. Re:47%? by Anonymous Coward · · Score: 0
      Uh, no. The Executive branch is supposed to enforce the laws put up by Congress, not ignore them. The "Separation of Powers" you referred to is about Congress not being able to judge when a law has been broken, or enforce the law; the executive branch not being able to judge when laws have been broken or pass their own laws; the judicial branch not being able to pass laws or enforce them.

      They each have a role to fulfill, but that sure as hell doesn't mean any is above the law. Learn about "Impeachment," retard.

    246. Re:47%? by DavidTC · · Score: 1
      I mentioned that, you lunatic.

      And that only works if you ignore the fact it was authorizing military force.

      And if you ignore the fact that he was authorized to use 'all necessary and appropriate force' , where 'appropriate' has always meant, legally, 'within the bounds of the law', vs. 'inappropriate', as in 'outside the bounds of the law'.(1) I see you dropped that word...coincidence, or malice?

      The resolution authorized him to use the military in a way consistant with the military code of justice and the laws of the United States of America to do X. That's what 'appropriate' means, that's why it's there, the same way that 'necessary' is there to keep the force from being excessive.

      The resolution did not authorize him to operate outside other laws. He must continue behave appropiately, i.e., in a legal manner.(2)

      Oh, and you notice 'specific statutory authorization' there for '5(b) of the War Powers Resolution'?(3) Yes, that's right. When they authorize something that another laws says 'can be authorized', they write that down.

      Notice the lack of them authorizing anything under FISA?

      1) Actually, while appropriate behavior requires operating inside the law, it can additionally require operating inside a code of ethics or behavior. For example, various behaviors are inappropraite for lawyers to do, and they will be punished by the bar, but are not strictly 'illegal'. Likewise, it is also inappropriate to use your office at work for sex, even with your wife. It's not illegal, and it's possibly not against the rules, but it is inappropriate.

      However, I am not aware of any professional ethical standards for the President, so the point is rather moot, unless he decided to make war on Afganistan by plastering naked pictures of himself all over the place, which would be rather inappropriate by normal standards. But, anyway, things cannot be illegal but appropriate.(4)

      2) Of course, leaving out 'appropriate' would not allow him to break any law either. It's just a fail-safe.

      2) That's the law saying the President can only use the military for a certain amount of time unless Congress: has declared war or has enacted a specific authorization for such use of United States Armed Forces, has extended by law such sixty-day period, or is physically unable to meet as a result of an armed attack upon the United States.

      3) Which is actually a fun catch-22. If he's been doing illegal things as part of the invasion in Afghanistan, then the resolution never applied to what he was doing with the troups, because illegal behavior is inappropriate...and he's been using the troups illegally in Apghanistan for almost four years. And that doesn't solve the problem of his original felonies under FISA!

      --
      If corporations are people, aren't stockholders guilty of slavery?
    247. Re:47%? by lynx_user_abroad · · Score: 1
      ...that if we're tapping a foreign line...

      Please get a more up-to-date definition of tapping, or accept mine as a free gift.

      A communication tap has nothing to do with putting in place the infrastructure by which means information can be extracted from a channel. Those rules are entirely different, and no one (to the best of my knowledge) is even bringing that up. It's irrelevant to the discussion.

      The tap which the Constitution prohibits all branches of U.S. government from practicing against the People involves the extraction of information (a search) or a capture and denial of the delivery of information (a seizure).

      In laymans terms, there's no law prohibiting the government from putting a phone butt on your grandmother's line. (although that's not how it's done anymore) but they can't listen in So, yes, technically speaking if they have the capability to extract information out of a foreign telephone, and it happens to get called by a U.S. Citizen, they can't listen in. They don't need a court order to "connect the wires" and they can retain (record) but not share, the information for up to 72 hours while they determine it isn't a U. S. citizen, or ask FISA to authorize it anyway (likely on the basis of "Well, this guy called our suspect...").

      --

      The thing about things we don't know is we often don't know we don't know them.

    248. Re:47%? by pixelpusher220 · · Score: 1

      Tapping the entire exchange means they are tapping EVERYBODY in that exchange no?

      If they are sifting through the calls deciding what's interesting? Waaaaay beyond acceptable to me and I think most people.

      If they 'know' the number of the drug dealers phone, and want to track any calls to that number from within a particular exchange...they still have to go to court to tap into the exchange. This is because now they are effectively tapping any phone call going FROM that exchange.

      Lets look at the reverse...the drug dealer calling in. A little harder to track sure...but they should know which numbers they are worried about the dealer calling, no? So get a warrent and see what happens. Again they can do this AFTER the fact...so why the arguement that it impedes their work? Even if you don't know who he might be calling...it's way beyond reasonable to subvert everybody elses rights in order to bring to justice.

      Why not just handcuff everyone to their own beds and only let them out when it's a gov't approved trip? Won't have any terrorists doing evil things then. Or is that too much?

      They don't get to track everything and only prosecute what looks interesting.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    249. Re:47%? by miskatonic+alumnus · · Score: 1

      You are dodging the question. I never said that automobile accidents weren't a big deal. But, the fact remains that if they were outlawed then traffic fatalities would be zero. Why don't we do this? Because COMMERCE > HUMAN LIFE. That's why. So, when people drag out the corpses and the grieving families, that doesn't convince me that their motive is to save lives. It doesn't wash.

    250. Re:47%? by lynx_user_abroad · · Score: 1
      If you happen to talk on the phone with a drug dealer who is being monitored, you're legally also monitored.

      This is not correct. If the warrant authorizes the tap for a drug investigation, and you call him for help with your homework, your conversation cannot legally be monitored.

      If a drug suspicion warrant allows a tap on the phone of a suspected drug dealer, and you call him for help in an embezzelment scheme, that information cannot legally be monitored.

      Yeah, that's really wwhat the courts have ruled.

      --

      The thing about things we don't know is we often don't know we don't know them.

    251. Re:47%? by pixelpusher220 · · Score: 1

      if you have a known terrorist on your speed-dial, I've got no problem whatsoever with federal goons listening to what you say to him next time you call him.

      Nothing stops those goons from listening in and then going to the FISA court for approval of what they did. Which is the entire point. The FISA court has rejected literally about four requests out of thousands (10,000+ i think).

      The argument that it's preventing them from doing anything is ridiculous. And why 'we' are concerned about it...if the reasoning doesn't make sense you have to wonder what they are really up to.


      --
      People in cars cause accidents....accidents in cars cause people :-D
    252. Re:47%? by corbettw · · Score: 1

      Page two contains nothing about the direction of the calls.

      Strictly speaking, you're right. I mispoke. However, the quote from the AG does make clear that one of the parties to the call is outside the US. Going back to my original analogy, if my phone is tapped and you call me (maybe to yell at me for my, IYO, idiotic ramblings on Slashdot), they're going to listen to your end of the conversation, too. Are your rights being violated?

      So you aren't going to try and claim that they actually obeyed the law, but rather that it's OK for them to break the law?

      Not quite. I'm claiming that the law you're citing doesn't apply to this case. It would be like you trying to have me cited for jay walking when all I did was cut from one bike path to another in a park. It might look the same, but it's not. OK, that's a bad analogy, but right now I can't come up with a better one.

      I never said, nor implied, that the President is above the law. I said that this law, regarding FISA, doesn't apply to this situation. Or at least, that's my reading of the administration's reasoning.

      --
      God invented whiskey so the Irish would not rule the world.
    253. Re:47%? by Hippy-Liberal+Hater · · Score: 1

      Let's addres what the president is getting away with. During war time, the president is using a computer system to monitor for code words between a suspected terrorist in a foreign country and someone in this country. When the code word is heard, a human listens in on the call to determine if either party is a threat to national security. If you are not talking with a terrorist in a foreign country, why worry. There are a million what if's - what if he spys on democrats like nixon did ect. That isn't happening, and if it did, then what he is doing is illegal because it doesn't affect our national security. If we weren't in a time of war, what he is doing would be illegal. I would expect any president to do this during war time, even Hillary. If she didn't she would not be doing her job of protecting america.

    254. Re:47%? by Fulcrum+of+Evil · · Score: 1

      You don't have to say "I have a vendetta" for it to be obvious.

      So you're saying that I'm either with you or against you?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    255. Re:47%? by Nopal · · Score: 1

      Thanks. I knew that Bush had said several times that he had intelligence indicating that Saddam had WMDs and/or was working on them, but the "know exactly were to find them" bit threw me off.

    256. Re:47%? by rwven · · Score: 1

      So you're saying that I'm either with you or against you?

      Uh, That had absolutely nothing to do with what i said. Try this.

    257. Re:47%? by Dausha · · Score: 1

      "If Bush made breathing illegal, you'd still have 45% of the people support it. People are lemmings."

      That may be true, and for the sake of argument I will not dispute it. However, since People are Lemmings, then that would mean that the 55 percent who would oppose breathing would also be lemmings. Of course, they would also be dead since they would oppose breathing.

      I find it interesting that you chose to describe a minority would would prefer breathing illegally to being dead. I would have thought a much higher number would prefer to remain alive. ;-)

      --
      What those who want activist courts fear is rule by the people.
    258. Re:47%? by gorbachev · · Score: 1

      "However, since People are Lemmings, then that would mean that the 55 percent who would oppose breathing would also be lemmings"

      Couldn't agree more :)

      "I find it interesting that you chose to describe a minority would would prefer breathing illegally to being dead. I would have thought a much higher number would prefer to remain alive. ;-)"

      There go the lemmings... :)

      --
      In Soviet Russia, I ruled you
    259. Re:47%? by will_die · · Score: 1

      He does not.
      This kid is a trolling idiot, just read his history posts.

    260. Re:47%? by berzerke · · Score: 1

      ...The government needs a warrant, not probable cause and they aren't getting them. It's not that they're being denied, they just can't be bothered.

      And that is the really sad part. As an ex-law enforcement, I can tell you warrants aren't hard to get at all. It's almost scary how easy it is to get one. The president could have gotten almost the exact same spying/info and been 100% legal. Shows how much respect he truly has for the Constitution.

      Will someone please give Bush a blowjob so we can get on with the impeachment!

    261. Re:47%? by mrchaotica · · Score: 1

      On the other hand, that just means it's the Judicial department's responsibility to bring him back in line.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    262. Re:47%? by gfxguy · · Score: 1

      What we need is for congress to create an independent investigator, a Kenneth Star, to invesigate and find the evidence.

      That's a point we can agree on... we need more info, and that's one way to get it.

      --
      Stupid sexy Flanders.
    263. Re:47%? by zardo · · Score: 1
      Liberty doesn't really refer to privacy either. You can do and say whatever you want, but there isn't much to guarantee your privacy in doing so. The po-po could bust down your door for any old reason, throw your underwear drawer out on the front lawn for the world to see.

      If you quit making up these fantastic scenarios and look at it for what it is, it's not so bad at all. You know the reasons too, I don't have to convince you. You're just playing a trendy game called "Get the President: War Time Edition"(TM)

    264. Re:47%? by gfxguy · · Score: 1

      Tapping the entire exchange means they are tapping EVERYBODY in that exchange no?

      No. When the computer sees that the call is to a certain foreign number, it starts recording.

      Frankly, I agree with you and don't buy the "it impedes our work", nor do I buy "it's an old law" either. I'm saying we don't know enough information; I'm suggesting that the taps that happened were not what you would call "domestic" tapping, specifically targetting a U.S. citizen on U.S. soil. The argument that all that's required for needing a warrant is that a U.S. citizen participates in a phone call that is being monitored is also wrong... they are not tapping a U.S. citizens phone in the example I gave, they are only tapping calls TO a specific foreign number from within the U.S.

      You might not see the difference... think of it this way. Let's say there is a domestic tap to catch some mafia guy. They tap the mafia guy's phone. If you call it, and they record the call, they don't then have to run out and get a warrant to tap YOUR phone. It's never been the case, even if they use that recording against you in court, that they were required to get a warrant also on you, unless they decided to actually tap YOUR phone.

      From what I understand, this is no different... only they never needed a warrant to tap the foreign Al Qaeda guy's phone in the first place, because he's not a U.S. citizen (well, he might be, but you get the point.. it's a foreign number).

      --
      Stupid sexy Flanders.
    265. Re:47%? by gfxguy · · Score: 1

      No, that's not what it's about - we already know, and no one would disagree, that a president should NOT have unchecked power. This is about finding out wether or not the president overstepped his legal bounds; and if he did, only the most idiotic of Bush supporters would defend him.

      --
      Stupid sexy Flanders.
    266. Re:47%? by gfxguy · · Score: 1

      I don't think your defination of tapping is correct. The definition of "wiretap" doesn't include removing information or denial of it's delivery... I think they call that an intercept, but I know it's not a wiretap.

      --
      Stupid sexy Flanders.
    267. Re:47%? by gfxguy · · Score: 1

      But if you call the drug dealer to make a drug deal, it can. So what's your point?

      --
      Stupid sexy Flanders.
    268. Re:47%? by gfxguy · · Score: 1

      Because that would be illegal.

      And they follw the laws ?


      If they are caught doing that, then I will be first in line to ask for a criminal prosecution. Until then, only a hypocrit can whine about the president violating constitutional rights without giving him his.

      --
      Stupid sexy Flanders.
    269. Re:47%? by gfxguy · · Score: 1

      No, I've been listening, and I've heard a lot of unsubstantiated stories (maybe the one about the phones being found in Afganistan is one). And perhaps, just perhaps, there were warrants granted on the domestic numbers (they did get thousands of warrants, after all). You don't know, and neither do I... and that's all I'm trying to say.

      --
      Stupid sexy Flanders.
    270. Re:47%? by sorak · · Score: 1
      sorak (me) said...

      This isn't really about surveillence as much as it is about the president thinking he is above the law. If Osama Bin Ladin has your number on speed-dial, then, yes, it is most definitely possible to get a warrant to monitor your calls.

      gfxguy said...

      And who says they didn't? As you pointed out, they got thousands of warrants. How do you, at this point in time, know that the program didn't get warrants for these kinds of taps?

      ----

      My point was that many people defending Bush do so by pretending that each case was one in which there was rock-solid evidence that the person had a connection to Al-qaeda, but our overly oppressive legal system just doesn't allow law enforcement agencies to obtain search warants.

      Really, it's what's known as a false dilemma. You portray the other guy as being unreasonable, and then say "either you got to join the pig-raping, baby-eating serial killers over there, or you can join the southern baptist convention. There is no third choice." In this case, the original poster was saying "either the government should be allowed to monitor whomever they want, with or without evidence, or else they won't be allowed to monitor anybody...not even known terrorists."

      If I'm outraged about the Bush administration, it's because they keep doing things that, ten years ago, would have sounded like paranoid conspiracy theories, or the actions of two-dimensional villans like Darth Vader and Cobra Commander...

    271. Re:47%? by i_am_not_a_bomba · · Score: 1

      Ever notice that the 'side' who are most afraid of the terrorists 'Oh protect me big government, do anything you want, oh please please please protect my life from those evil terrorists' have spent the last 20 years building this idea that *they* are rugged and manly and that those 'liberals' are some weak limp wristed pansies.

      Like any pussy they talk big when there is no danger, but when it comes to the crunch where are they? Hiding behind their 'daddy'

      Their facade is cracking, they are true cowards, and it's plain as day.

    272. Re:47%? by ninjagin · · Score: 1
      I agree on the weakening of the presidency part.

      I'm inclined, however, to take a lie about sex (because I can understand and generally forgive lies about sex since they're really about bedroom relationships) at a less serious level than the assumption (or at least the assumed use) of the power to submit americans to surveillance -=as terrorists=- under the basic context of international teleommunications.

      Let me get back on topic. Slick Willie can defend himself.

      Yeah, there are some technological advancements that make that type of surveillance more challenging than they were back in the early 80s, but the fact that these warrants can be obtained after the fact and that the FISA warrant issuing process is vrtually rubber-stamp tells me that there's just no good reason to not have the investigations covered by warrant. Heck, having documented instances of warrant invocation would be a great paper trail to use to validate the importance and usefulness of the kind of wiretap powers being used. Rather than let the sun shine in by complying with a law that's sooo easy to comply with (or even making an easier one), the administration not only defends the warrantlessness of the conduct, but says that it simply doesn't need the legal background to track and legitimize the activity. How appalling!

      The fact that "most of the country" (read: most of the vast right wing conspiracy) thought clinton was wagging the dog with his attacks in the sudan and afghanistan shows that most conservatives actually support OBL and were softies on reports of biological weapons development in AlQaida nations. OBL supports Bush after all... he said it right before the 2004 election and look who won. Most conservatives are late to the table on the fight againist terrorism and weapons of mass destruction, and so they like to wave their little clinton hankies to make King George look better.

      I don't think we disagree on the point of my earlier post, but I'm trying to show that the scale and circumstances of the legality of presidential conduct for Slick Willie and King George are situationally different and not comparable.

      --
      .. pa-ra-bo-la, pa-ra-bo-la, 2 pi R, 2 pi R, where's your latus rectum, where's your latus rectum, 2 pi R
    273. Re:47%? by Qzukk · · Score: 1

      fantastic scenarios

      So you're saying these things will never happen, right? Let's ignore various cases over the years of FBI agents getting busted for insider trading using illegal wiretaps. Let's also ignore Jose Padilla and possibly other cases where the US government has infringed on an American citizen's liberties, and ask for a moment if this will never happen, why does the president fight so bitterly for the power to make it happen? Bush claims that what we do isn't torture, yet fights tooth and nail to make sure we can torture people. Bush claims we don't wiretap domestic phone calls, yet fights tooth and nail to make sure that he'll never have a trail that can prove it.

      The po-po could bust down your door for any old reason, throw your underwear drawer out on the front lawn for the world to see.

      And I could bust down your door for any old reason, too. What's your point? Might makes right? That the police are above the law like Bush thinks he is?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    274. Re:47%? by ninjagin · · Score: 1
      -=sigh=-
      I promised I wouldn't parse people this year, but I didn't want to let half of these topics go.

      You say Clinton was under attack constantly by republicans?

      Yes, I do say that. The congress set more investigations of independent counsel upon the clinton presidency (and administration) than I can recall for any other. Tens of millions of taxpayer dollars were wasted on it. The last one finally concluded only this year.

      Look at the Dems going against bush. It's just as bad if not far worse. The Rep's didn't have the 88% of the media backing them like the Dem's do. (That's right, 12% of the media can be considered more conservative than liberal. Explanation is in the rebuttal by fox to the "documentary" called "out foxed" if you want my source. It's pretty undeniable so don't write it off just because you don't like fox.)

      How is it worse? The TV news media networks have been steered and manupulated by the administration like no other time in history. "Embedded Journalists" are pentagon shills. Millions of our tax dollars go to write produce and distribute favorable new stories both here and abroad. Oh, I just checked and "the hippie liberal moonbat lefty commie media" doesn't have a seat in congress... yet. Until that time, let's focus on the house, senate, SCOTUS and the executive, OK?

      And as far as Clinton Purjuring himself, that was plenty documented and shown in news... He lied under oath. That's called Purjury. Duh. Just because he wasn't tried for it doesnt mean it wasn't true.

      Wow. Just because cold fusion has yet to be proven to produce energy doesn't mean it can't. Just because you say my bear-resistant wristwatch doesn't work doesn't change the fact that I haven't been attacked by bears because of it. Your logic is flawless and your perception true, oh brilliant one.

      The whole thing was pretty stupid anyway. Everyone wanted to impeach him and then, what, one person actually voted to remove him from office? It was all just a big "lets see how bad we can embarrass Clinton" ordeal. They SHOULD have stuck to the issues like purjury IMO. Having an affair in office isn't exactly illegal in any sense. Maybe it's against the code of conduct and maybe morally it's sick (anyone who cheats on their wife should have their manhood removed IMO), but it wasn't "illegal" per`se.

      I can't argue with any of that. I want the government to stay out of everybody's bedroom.

      Until anyone can prove somethign Bush did was illegal, he is innocent and that's the way it works. The closest thing to actually "illegal" he did was ordering the wiretapping and it's yet to be seen if that even WAS illegal. If it was, then he should deal with the consequences because otherwise every president from now on will have the authority to violate our rights. If it wasn't illegal then he "wasn't violating" our rights. There are circumstances laid out that call for measures like this to be taken, it just needs to be proved that this was one of those circumstances. They need to show exactly who it was done to and justify every single one of them and prove it was probably cause or something to that effect. There shouldn't be any blanket statements involved.

      Now you're seeing my point. I'm all for evidence and showing proof, but it's all secret and the administration wants to keep it that way. This is why there's a lot of pressure within the senate (on behalf of the administration) to have the questions and subsequent investigation proceed under the aegis of the intelligence committee, where the debate is kept secret, rather than under the judiciary committee, where any evidence of legality would have to be publically-reported. Apparently you don't want to know the answer to the questions. I do, regardless of the outcome.

      LOL, I'm just glad this country doesnt operate on trial-by-opinion though because it's sure true that every president would be removed from office if that were the case.

      We agree on this, too.

      --
      .. pa-ra-bo-la, pa-ra-bo-la, 2 pi R, 2 pi R, where's your latus rectum, where's your latus rectum, 2 pi R
    275. Re:47%? by thatguywhoiam · · Score: 1
      Is this what you want? A dictatorship? Because that's exactly what you are talking about. And I'm not using that word lightly.

      Perhaps your little friend there is using some kind of Straussian 'esoteric' reading of article II. You know, where you get to make stuff up and claim that it is mystically imbued in text that says otherwise.

      --
      If Jesus wants me it knows where to find me.
    276. Re:47%? by Anonymous Coward · · Score: 0

      People forget that the Nazi's were Christians and that Hilter quoted the bible in most of his speeches. In fact the Nazi party mandated Christianity as their countries official religion.

      From this link:

      http://www.findarticles.com/p/articles/mi_m1058/is _16_121/ai_n8702389

        MOST OF the Nazi leaders considered themselves not merely Christians but instruments of God's will, proclaims Richard Steigmann-Gall, a young Canadian historian. Many people think that if the Nazis had any religion it was derived from Wagner's operas and Teutonic mythology. Not so: the paganists were a minority, much derided by Hitler and Goebbels, who remained nominal Catholics and paid church taxes to the end.

      The impression that Nazis despised Christianity derives from two factors: our revulsion at what the Nazis did, and statements near the end of the war by Nazi leaders, including Hitler, which seem to indicate bitter antipathy toward the church. These statements, however, reflect less an abandonment of what those Nazi leaders considered their own Christian values than disappointment with the Protestants of Germany, whom they believed had badly let them down.

      --

      The scary thing is how many reports of Bush saying the same thing about being the choosen of god.

      http://observer.guardian.co.uk/international/story /0,6903,1075950,00.html

    277. Re:47%? by Anonymous Coward · · Score: 0
      Bush is a politician who, like all good politicians, uses his words carefully.

      A few choice Bush quotes:

      1. Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.
      2. Well, I think if you say you're going to do something and don't do it, that's trustworthiness.
      3. I'm confident we can work with Congress to come up with an economic stimulus package that will send a clear signal to the risk-takers and capital formators of our country.
      4. My administration has been calling upon all the leaders in the--in the Middle East to do everything they can to stop the violence, to tell the different parties involved that peace will never happen.
      5. That's why I went to the Congress last September and proposed fundamental--supplemental funding, which is money for armor and body parts and ammunition and fuel.
      6. I have a different vision of leadership. A leadership is someone who brings people together.
      7. They have micalculated me as a leader.
      8. For every fatal shooting, there were roughly three nonfatal shootings. And, folks, this is unacceptable in America. It's just unacceptable. And we're going to do something about it.
      9. Too many good docs are getting out of the business. Too many OB/GYN's aren't able to practice their love with women all across the country.

      I have a whole calendar full of these kinds of quotes.

    278. Re:47%? by TheNetAvenger · · Score: 1

      Well I do wish I could offer proof, but with the recent coverups, about all that is left of the story is clips of the un-edited interview that started the story.

      NBC later 'censored' the transcript that brought up her name specifically in reference to the reported journalists that the NSA had spied on. However citing that the story was still being investigated, and they would release information on it at a later date.

      As you will note I transposed the husband and wife. The wife was the one 'allegely' spied on (Christiane Amanpour), and the husband(J. Rubin), was the Senior National Security Adviser to John Kerry during his Presidential campaign.

      Considering that the 'official' leak of the NSA tapping specifically said that many 'journalists' were tapped by the NSA, it isn't a far stretch to estimate that the outspoken Amanpour was a targeted journalist.

      And even if she wasn't tapped, but other journalists were tapped, I will ask again, how is this protecting us from terrorists? Does anyone believe prominate journalists in the USA would be talking with terrorists about terror activities and NOT hand this information over?

      Additionally, if these were legitimate wiretaps, they had 72hrs to obtain warrants after they started monitoring the journalist's communication, and the court set up to hand out the warrants has only refused 3 or 4 in its entire history.

      So why not be up front about the wiretaps, what was the NSA under guidelines of the Bush Administration doing that was so 'secret' that they couldn't even reveal the tapping activity to the 'secret security' court set up specifically for these type of warrants? What journalist activities would be so secret that even obtaining a 'secret' warrant was not possible?

      Do people not think for themselves anymore? Here is a tip - think past the one liners and short attention span content clips generated by Fox News and talking heads for the Republican Party. Sure what people say sometimes can sound good, but often it is just a good con game, and the one that is losing is you.

      For example, be honest with yourself, do you really need to be a genius to not understand that reducing pollution regulations, and allowing more mercury into water really isn't a 'Clear Skies Act' as it was named?

      And kindly mod my original post back up, I think I backed up my original statement, and my point...

    279. Re:47%? by BeBoxer · · Score: 1

      Not quite. I'm claiming that the law you're citing doesn't apply to this case.

      Why wouldn't it apply? Pretty much the entire purpose of FISA is to define the requirements that need to be met when gathering foreign intelligence. It spells out exactly when the President can perform surveillance without a warrent. And one condition is that "there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party". And the rest of the act goes on to spell out how the judicial oversight works in the cases where that condition (and others) cannot be met. I mean really, this is exactly why FISA was passed. It's an entire law whose only purpose is to cover exactly this situation. And yet somehow it doesn't apply?

      I never said, nor implied, that the President is above the law.

      Well, one thing you said was It's not uncommon in history for Presidents to site executive privilege on a number of items, this is probably another case of that. But as I maintain, this is a case where there is an explicit law on the books which governs the behavior of the Executive in exactly this situation. So to claim "executive privledge" when there is an explicit law that says otherwise is pretty much claiming to be above the law.

      I mean really, where is the limit? Look at what this administration is claiming as it's "rights". It wants to be able to spy on Americans without a warrant. It wants to be able to torture people. And it wants to be able to detain people, even American citizens on American soil, indefinitly. All without any judicial oversight. In the name of a war without a defined opponent or victory conditions. That's a dictatorship. Perhaps the spying doesn't bother you. Does the torture? Does the indefinite detention? Will you finally draw the line when they implement summary execution? Because after all, the AUMF says "all necessary ... force". And I'm serious about this, where do you draw the line?

    280. Re:47%? by onemorechip · · Score: 1
      Until then, only a hypocrit can whine about the president violating constitutional rights without giving him his.

      The rights of the President are exactly the same as the rights of every other U.S. citizen.

      The powers of the President are something entirely different. Until you can see the difference, you have no argument to make.

      --
      But, I wanted socialized health insurance!
    281. Re:47%? by zardo · · Score: 0, Troll

      FBI agents getting busted for insider trading using illegal wiretaps

      People get busted for insider trading from all walks of life. Take a finance officer who scours over financial figures daily, they have a lot more access to sensitive information, they pride themselves on their strong sense of ethics, but you'll always have your Anderson Coopers.

      ...Jose Padilla...

      What the fuck? Jose Padilla the terrorist? Possibly other cases? There are plenty of cases where enemy combatants are detained. I don't know why you bring him up, like I'm supposed to feel sorry for him or something. We should have dropped a guided bomb on his house, in the US, wouldn't that go over well? Heh heh.

      What's your point? Might makes right? That the police are above the law like Bush thinks he is?

      Allow me to clarify. A right to privacy doesn't exist, it isn't written law, the constitution talks about freedoms, freedom of speech, the law puts limits on what agencies can do, but there is no statutory right to privacy. The president has wartime powers, specifically he is obligated to protect the people and uphold the constitution, the right to LIFE. It's plain as day if you know how to read the constitution. You think the president is just some schmuck who does his job like a cop does his, but no, I'm not relating the president to cops, his job is much different.

      Oh wouldn't you like to see some domestic spying allegations. If you ask me the whole plan is already ruined, some fucking senator leaked what we were doing, now all lines are probably dead. They should be imprisoned for it, undermining war efforts for political gain is all it is. He/SHE remains anonymous.

    282. Re:47%? by Qzukk · · Score: 2, Insightful

      Jose Padilla the terrorist?

      Terrorist? What terrorist? The Bush administration held him for 3 years and the best they could trump up on him was "conspiracy to kidnap, maim, and murder in a foreign country". A far cry from what the administration told the press about his plans to set off nuclear bombs in US cities. Terrorism is a bullshit excuse for what the administration has done to a citizen. McVeigh actually set off a bomb and killed people and he got his day in court as called for by the fifth amendment.

      the constitution talks about freedoms

      It talks about both freedoms of and freedoms from. It specifically mentions that I have the freedom from the government doing what it did to Padilla. If Bush doesn't like it, he can put his party's balls on the line, step up, and announce that he's officially suspending Habeus Corpus (for once, an actually recognized war power). Even Abraham Lincoln had the balls to do that.

      It also specifically says that any power not mentioned in the Constitution is specifically denied to the federal government. That includes the power of congress to grant new powers to the President without following the amendment process. In the case of the wiretaps, Bush specifically has the power to defend us, except for the limits placed on him by the fourth amendment: that the government specifically obtains warrants when wiretapping a citizen of the united states. FISA made it easier by allowing them to wiretap first, warrant later, however Bush has decided that the FISA court that he packed with his best buddies after the USA PATRIOT act expanded it is just in the way. Nowhere in the constitution does it give the president the power to ignore the rules placed by Congress, and he has no power to ignore the fourth amendment.

      now all lines are probably dead.

      Then we won. We successfully shattered the communication lines for all the terrorist cells in the US, they will no longer be able to coordinate attacks and have a serious damper put on their fundraising and recruiting capabilities. Oh wait, there's a billion other ways to communicate, and guess what, the NSA knows about them too. Most likely, any terrorists assumed that they were already being tapped, otherwise their stupidity would have taken themselves out years ago.

      uphold the constitution

      So would you say that what the Bush administration is doing is like fucking for virginity or fighting for peace?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    283. Re:47%? by Guppy06 · · Score: 1

      "telephone call that you receive"

      Red herring. The question is about calls made by US citizens.

    284. Re:47%? by pixelpusher220 · · Score: 1

      We'll probably have to agree to disagree on this...

      But of course one more attempt...lol

      The fact that they needed to tap calls to a foreign number is a *new* thing? I will bet large sums of cash they've done that before...and gotten a warrant to do it.

      The mafia example doesn't hold up because since he's in the US a warrant was issued allowing the tapping. So the requirement that a call with a US citizen on it needs a warrant is upheld. They don't need a warrant for every citizen on the call, but at least one of them to verify that their rights are being upheld.

      The problem is that there's no oversight, someone else said it best: "When you use the GOAL to justify the ACTION, you've lost any credibility."


      --
      People in cars cause accidents....accidents in cars cause people :-D
    285. Re:47%? by corbettw · · Score: 1

      mean really, where is the limit? Look at what this administration is claiming as it's "rights". It wants to be able to spy on Americans without a warrant. It wants to be able to torture people. And it wants to be able to detain people, even American citizens on American soil, indefinitly. All without any judicial oversight. In the name of a war without a defined opponent or victory conditions.

      1) I don't see it as "spying on Americans". We've both stated our positions, we're going to have to agree to disagree on this one.
      2) Water boarding and sleep deprivation are not "torture". If they brought out the branding iron or something like that, I'd be just as up in arms as you.
      3) Enemy combatants should be detained until the end of hostilities. Even if they're citizens of your country. So no sympathy from me for traitors who help Al Qaeda and their ilk. They're no different from the Americans who went to Germany to fight for the Fatherland in WWII.
      4) Since when does the judiciary have any authority on the President's war making powers?
      5) The war does have a definied opponent, international terrorist groups and the rogue states who support them. Just because the enemy is amorphous doesn't mean it's not defined. And the victory conditions are clear: destroy them all. Just like in all ways run properly.

      --
      God invented whiskey so the Irish would not rule the world.
    286. Re:47%? by jmccay · · Score: 1

      {Sarcasm} Oh yeah. The holocaust is the same thing as wiretapping. {/Sarcasm}

          Get real people. This is not the government wire tapping Sarah from Alabama calling Pete in N.Y. City. The reason a vast majority of Americans don't have a problem with this is because they understand something I doubt you people do. Rather than see a bomb go off in some city in the United States, I would like to know why someone in America is getting a phone call from Al-Qaida. Plain and simple!
            Fact is, if something did happen you would be blaming Bush for not doing "everything possible" to stop it! You blame Bush for 9/11, and you people for some reason forget that the terrorists started attacking the U.S. under the Clinton administation. Remember the bombings at all the embassies around the world? Remember the bombing of the USS Cole? What was Bill Clinton's big a terrible responce? He lobbed a couple of missles at an empty building! Bin Laden considers America a paper tiger because of Clinton!!!
            Recently, Al-Qaida offered a truce in one of there messages. Do you think terrorists who thinks they are winning against their enemies will offer a truce? Nope. We are winning the war on terror. There is a war on terror, and America was late to even recognise it. You figure if someone was hitting you in the stomach you might take notice.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    287. Re:47%? by jmccay · · Score: 1

      Opressive??? You really need to stop smoke that whacky weed. Try comparing notes with a woman living in a Muslim controled country about oppression. Get real.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    288. Re:47%? by zardo · · Score: 1

      McVeigh actually set off a bomb and killed people and he got his day in court as called for by the fifth amendment.

      Well shit, you keep telling yourself that, in my opinion mcveigh never should have been able to set off his bomb. Were it in my power, I would have taken preventative measures. You think that by allowing people the level of privacy that they've had for the last 250 years in America that things will calm down, every now and then there may be a massacre but god forbid we lose our illusionary right to privacy. Well, think again. The same technology that makes it easier and easier to spy on people is used for anonymous communications. Years ago a transatlantic communication required a high-power, low frequency broadcast over the airwaves, and we were listening to EVERYBODY. That is not the case any more. Your dumb ass doesn't see it, you just run around with your underwear over your head screaming about privacy being violated, which by the way, you most certainly haven't actually been affected by.

      If Bush doesn't like it, he can put his party's balls on the line, step up, and announce that he's officially suspending Habeus Corpus (for once, an actually recognized war power). Even Abraham Lincoln had the balls to do that.

      Lincoln suspended Habeus Corpus for a different reason. You know what an illegal enemy combatant is? You go read all about illegal enemy combatants, and then read about the sort of people Abe was putting in jail. Your talk about an actually recognized war power is skirting the truth, that the president can do whatever the fuck he wants during time of war, like Abe did. That it is RECOGNIZED is just stating the obvious, a historical fact, I recognize that the president has the power to declare marshal law, and drop a daisy cutter on a U.S. city if it is in the best interests of the country, i.e. a biological weapon. He may even be voted out of office for something like that, hopefully if it ever comes to that we don't have a bunch of whiners like yourself getting in the way of it. You're the one with no balls, you live in fantasy world.

      Bush specifically has the power to defend us, except for the limits placed on him by the fourth amendment: that the government specifically obtains warrants when wiretapping a citizen of the united states.

      You are bending the truth, on the verge of lieing here. The wiretaps were targeted at foreign terrorists. It's not in my nature to call you a liar, I know some people are just misinformed, misguided, misunderstood. I know what you were trying to say, but look, you're not scaring me here, if that is your motive. I wouldn't even care if he were conducting domestic wiretaps, personally, but he wasn't because that would have been unlawful.

      Then we won. We successfully shattered the communication lines for all the terrorist cells in the US, they will no longer be able to coordinate attacks and have a serious damper put on their fundraising and recruiting capabilities. Oh wait, there's a billion other ways to communicate, and guess what, the NSA knows about them too. Most likely, any terrorists assumed that they were already being tapped, otherwise their stupidity would have taken themselves out years ago.

      Oh I see, so you're just trying to single out the president here. Ok. I already knew that, but thanks for stating it so clearly. And you really give the terrorists way too much credit. Go do some reading, we have caught thousands of terrorists worldwide because of phone records and wiretaps. The Saudis have a less restrictive wiretapping policy, and the success over in Saudi Arabia has been phenomenal. You see, the terrorists thought that by using pre-paid cell phones with stolen or fake identities that they were safe, and that they could say whatever they wanted over the air. I remember in one instance we caught terrorists because we picked up a phone call between two of these pre-paid phones that was just 60 seconds of silence. We went in (by we I mean U.S. intelligence

    289. Re:47%? by Qzukk · · Score: 2, Insightful

      but he wasn't because that would have been unlawful.

      OK, look. For some reason you seem to believe that despite years of lies about WMDs and being conservative, Bush is some kind of divine savior who would never do any wrong, and thats where we diverge. He offers no proof that the NSA is obeying the law, and by refusing to require the NSA to follow through with the warrant process, he is refusing to execute the part of the law that would prove that the NSA is not doing anything unlawful. He has done nothing his entire career to engender in me the kind of trust that you have placed in him.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    290. Re:47%? by jmnet · · Score: 1

      Ok, the wiretapping Bush is doing IS legal. Period. I really do not care if some dude is tapping into my line, which is not happing anyway, and listening to my convo with my mother. I have nothing to hide therefore have nothing to fear. The only calls being tapped are calls coming in from Afgan. or Iraq or calls going to those places from inside the US. Anything else you hear is pure liberal bias bull crap.

    291. Re:47%? by zardo · · Score: 1

      He has done nothing his entire career to engender in me the kind of trust that you have placed in him.

      Your focus is like a laser beam on the president, nothing else matters to you, and you only see bad, even when it's made up. Someones taking pictures of Iraqi prisoners naked? Blame the fucking president! Hell, call it torture! Oooh, Halliburton's stock price is going up, GeT THE PRESIDENT! Fuck... WMD's? You're still hanging on to that? Everybody knew Saddam had WMDs. Holy shit, you are irrational.

      I'll tell you where we diverge. I see everything through the lense of war. I'm all for using military force. I served in the military, got out a little over a year ago. I'm what you call a NEO-CON, I want to see Iran get the shit blown out of them. I would launch a fucking volley of cruise missiles at Ahmadinejad for threatening our allies, judge jury and executioner. Anybody who's willing to go up to bat for MY VALUES has earned my respect. I don't care about these small beans you're so hung up about, I'll be pissed if Iran has it's way, I'm pissed that we're not building a 50 foot wall along the mexican border and we have rats moving drugs and terrorists into the US. I'm pissed that I have to pay so much of my income in taxes. That's about it. I seriously couldn't care any less about all the other bullshit.

    292. Re:47%? by BeBoxer · · Score: 1

      You seem like a reasonably intelligent person otherwise I wouldn't bother with this. But I'm a little amazed that facts don't seem to have an impact on your position.

      1) I don't see it as "spying on Americans". We've both stated our positions, we're going to have to agree to disagree on this one.

      I backed up my position with direct quotes from the relevant law. Your position is backed by what exactly? It makes you feel better?

      2) Water boarding and sleep deprivation are not "torture". If they brought out the branding iron or something like that, I'd be just as up in arms as you.

      It was widely reported that Cheney lobbied against the McCain bill which would explicitly ban the use of torture. So whether your definition includes water boarding or not, Cheney lobbied for it. Where you up in arms then?

      3) Enemy combatants should be detained until the end of hostilities. Even if they're citizens of your country. So no sympathy from me for traitors who help Al Qaeda and their ilk. They're no different from the Americans who went to Germany to fight for the Fatherland in WWII.

      The crime you are describing is Treason. And it is one of the few crimes which is covered explicitly in the Constituion. In fact, it's covered in Article III "The Judicial Branch". I'd say that's a pretty clear argument that it's a criminal matter that is covered by the courts. Do you have any facts which back up your interpretation?

      4) Since when does the judiciary have any authority on the President's war making powers?

      See above. I suspect it's been a while since you actually read any of the Consitution. Now might be a good time for you to take a little time, before you piss away all it gives you.

      5) The war does have a definied opponent, international terrorist groups and the rogue states who support them. Just because the enemy is amorphous doesn't mean it's not defined. And the victory conditions are clear: destroy them all. Just like in all ways run properly.

      There have always been groups which could be labeled "terrorists". And there always will be. And the definition is pretty subjective. The fact is, you can't list the groups and countries which we have to defeat to "win" this war. You can't actually list the victory conditions. Try it. You can't do it. I'll bet you can't even list the "rogue states" which we have to "destroy". And you may want to rephrase that last sentence. It doesn't parse.

    293. Re:47%? by Qzukk · · Score: 1

      How did we get so off track? What does blowing Iran off the face of the Earth have to do with the NSA following the rule of law? The only reason Bush comes up is because he's the leader of the Republican Party. You know, the majority ruling party that could have changed the FISA rules at any time to make what the NSA is doing perfectly legal? The administration can do whatever it wants for all I care, all I ask is that they obey the laws they are in charge of.

      I'm pissed that we're not building a 50 foot wall along the mexican border and we have rats moving drugs and terrorists into the US.

      Yeah, sucks that the neocons are too busy on their pointless crusade to replace the last secular middle eastern country with yet another hardline Muslim theocracy. Just think of the size of the wall we could have built with the billions we pissed away, if we had just left Saddam there to terrorize the Muslim terrorists with his torture chambers. Iran already got its way, we took out the only real enemy they had in the region.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    294. Re:47%? by Anonymous Coward · · Score: 0

      I think it's your turn to blow Rush Limbaugh...

    295. Re:47%? by lynx_user_abroad · · Score: 1
      But if you call the drug dealer to make a drug deal, it can. So what's your point?

      My point was that it's incorrect to say that if you call a [suspected] drug dealer your call cam be [legally] monitored. It can't. That was my point.

      Saying 'a call can be [legally] monitored if you call a drug dealer who is being [legally] monitored' is different than saying 'a call can be [legally] monitored if you call a drug dealer who is being [legally] monitored' if you're calling to make a drug deal. It's like the difference between saying 'the State can [legally] execute you' and saying 'the State can [legally] execute you for treason.

      In both cases, the former statement is true only when the special circumstances are considered. Neglecting to mention the special circumstances, then building an argument dependent on the existence of the special circumstances you've neglected to mention is false, disingenuous, and misleading. It's the kind of statement which is likely to be employed either by someone who doesn't know what they're talking about, or by someone who does but who is trying to employ falshoods and misleading information to make a fallicious argument seem pursuasive to those who don't understand the true situation.

      Rolling it up into the larger topic, it's like the difference between saying 'invasion of privacy is allowed under the Fourth Amendment' and saying 'invasion of privacy is allowed under the Fourth Amendment when a warrant has been issued'.

      It's a minor point, I'd admit, if you don't care about the truth. Is that like saying it's a minor point?

      --

      The thing about things we don't know is we often don't know we don't know them.

    296. Re:47%? by lynx_user_abroad · · Score: 1

      And perhaps, just perhaps, there were warrants granted on the domestic numbers (they did get thousands of warrants, after all). You don't know, and neither do I... and that's all I'm trying to say.

      Don't know what?. That calls were tapped but warrants not issued?

      But we do know that (or know it as much as we can say to know it based on the President's admission of such; if the President is misleading us in this then of course we would be being mislead) calls were tapped but warrants neither sought nor issued based on the President's admission of such. That's not at issue.

      At issue is whether the Constitution dissolves when Congress declares war. If it does, then the President (who would at that point no longer be President) is as free to ignore the Fourth Amendment as anyone else is. If it does not, then the President remains bound, and [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      The entire Administration argument turns on the definition of reasonable. The Administration claims, in effect, that it is reasonable for the government to conduct these kinds of searches in time of war.

      On the surface, this might itself seem a reasonable argument. But among Constitutional scholars and lawmakers this issue of the definition of reasonableness in the Fourth is a well understood, well visited issue.

      Our Constitution vests the power of interpreting the law in the Judiciary (not the Executive) branch. The Constitution provides for the Legislative branch to create laws to guide the judiciary in it's interpretation. The Courts have already spoken on this issue. (For a full analysis, read the ALCU brief [PDF Warning] yourself.) In a nutshell, when Congress makes clear in statute how reasonable is to be interpreted (as it did with FISA) the President must abide.

      The Administration seems to be claiming that it is only bound by the language of the Constitution itself; that any law made by Congress cannot affect the Executive branch, and therefore FISA has no standing.

      Now maybe they're wrong (in which case Bush should be impeached) or maybe they're right (and Federal law does not apply to them). In either case, there should at least be an independent investigation to determine who's right.

      Of course if Bush is right, then having the Supreme Court confirm it is just a waste of time, since the Judicial Branch would have no more power over the President that the Legislative branch has.

      I would ask you to consider a hypothetical question, though:

      Suppose the Supreme Court affirms Bush's authority in exactly the way he claims it should. Then suppose some future Congress, under circumstances it deems warranted, sees it prudent to grant some future President an authorization to go to War.

      (One might imagine a scenario where a charismatic but clearly insane psuedo-Hitler gains office on a "Let's Nuke France" platform and, upon taking the Oath, France issues a Statement of Policy expressing a desire for Regime Change in the US.)

      Suppose such a Congress, mindful of the Courts decision but for reasons it deems warranted, sees it prudent to restrict that future President's power to engage in certain activities during the prosecution of a War to defend the Nation. (We might imagine such restricted activities might include evesdropping of the kind currently being discussed, but imagine the issue was to be treated more broadly, for example Congress wants to grant the President the power to wage war against the enemy France, but not allow an invasion of neutral Belgium in the process.) W

      --

      The thing about things we don't know is we often don't know we don't know them.

  2. So . . . by Anonymous Coward · · Score: 2, Insightful

    Does this mean that the American public realise the terrorists are winning?

    Does this mean people realize that the reduction of civil liberties are what the terrorists want?

  3. 53% think it's OK???? by alcmaeon · · Score: 3, Insightful

    Or were the other 53% confused? I would love to see the actual questions that are asked. Giving poll results without the source information is complete nonsense.

    1. Re:53% think it's OK???? by Anonymous Coward · · Score: 0, Troll

      I guess the question was fairly straight forward, i.e. please state your political affiliation, republican or democrat.

    2. Re:53% think it's OK???? by Anonymous Coward · · Score: 0

      53% are sold on the fear of the unknown. Never mind you have a several-orders-of-magnitude better chance of being killed while driving to work. Reality is something to skew, not observe.

    3. Re:53% think it's OK???? by Anonymous Coward · · Score: 0

      Well I've seen surveys that say that the majority (60%) of US adults don't know that genetically modified food exists, let alone the fact that they have almost certainly been eating lots of it, and that the US is lobbying for other countries to be forced to buy it, as it is a "non-tarrif barrier" (like Thailand is trying to force the EU to stop testing its exported prawns for toxic chemicals). Surveys of the general population are scarey!

  4. Death of a democracy by TripMaster+Monkey · · Score: 4, Insightful

    From TFA:
    In one striking finding, respondents overwhelmingly supported e-mail and telephone monitoring directed at "Americans that the government is suspicious of;" they overwhelmingly opposed the same kind of surveillance if it was aimed at "ordinary Americans."
    Here's the problem...the phrase "Americans that the government is suspicious of", can (and is) defined differently every day. Such vagueness virtually invites a police state.

    Dubya has shown on several occasions that he cannot be trusted to protect our civil rights. That's OK, he doesn't have to be trusted....that's why we have (had?) the FISA, to ensure that wiretapping is carried out in a lawful manner. All George had to do was run his requests through the court, and everything would have been completely legal. Apparently, that's too much trouble for King George, who is aggressively pursuing the doctrine of the unitary executive, believes he is above the law of the land, and regards our Constitution as "just a goddamned piece of paper".

    Trusting George and his Gestapo (that's right, I said it) to safeguard your civil rights is like employing a wild dingo to guard your baby. As of now, "Americans that the government is suspicious of" refers to terror suspects, but it could just as easily refer to foreign-born, dissidents, liberals, or slashdotters.

    It's time to stop King George before he corrupts the dream of the Founding Fathers beyond redemption. It's time to draw a line in the sand and say, "this far....no farther". It's time to take back our country.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:Death of a democracy by kfg · · Score: 5, Insightful

      The problem is that people have lost sight of the essential function of a warrant:

      To have third party look at the evidence and render a judgement on whether or not the "suspicion" is legally justifiable in the first place.

      Otherwise the only difference between an "ordinary American citizen" and somone "the government is suspicious of" is the level of paranoia of the government, not any actual action on the part of the citizen.

      KFG

    2. Re:Death of a democracy by edunbar93 · · Score: 5, Insightful

      Here's the problem...the phrase "Americans that the government is suspicious of", can (and is) defined differently every day. Such vagueness virtually invites a police state.

      Oh no, it's *much* worse than that. This is the stuff police states are *made* of. It doesn't invite a police state, it *creates* one. Yesterday it was terrorists. Today it's pornographers. Tomorrow it's you. That is, if they aren't already surveilling you because of the pornography, which they probably are.

      And once it's you, then they'll be listening carefully to make sure you don't say anything anti-American, or better yet, something against the government. Because really, there's a *big* difference between being an enemy of the people, and an enemy of the government. Expose a corrupt government for what it is on the 6 o'clock news, and you're an enemy of the government but a hero to the people and the press.

      --
      "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
    3. Re:Death of a democracy by Anonymous Coward · · Score: 0
      I'm talking about unchecked aggression dude, I'm talking about drawing a line in the sand. Across this line YOU DO NOT CROSS.

      Also, Dude, Chinaman is not the preferred nomenclature. Asain American, please.

    4. Re:Death of a democracy by fredrated · · Score: 0

      As of now, "Americans that the government is suspicious of" refers to terror suspects

      I beg to differ, 'as of now' the government is quite obviously suspicious of anyone and everyone that does not agree with it.

      Stupidity: it's a renewable resource!

    5. Re:Death of a democracy by Golias · · Score: 1

      Here's the problem...the phrase "Americans that the government is suspicious of", can (and is) defined differently every day. Such vagueness virtually invites a police state.

      If that's the only problem with it, then I'm with the 53%, because my rule of thumb is to dismiss all "slippery slope" arguments outright. There are plenty of laws currently on the books which could be used to rationalize government misbehavior. That doesn't automatically make them bad laws, nor dows it automaticlally mean the government will misbehave in that manner.

      --

      Information wants to be anthropomorphized.

    6. Re:Death of a democracy by THEUBERGEEK · · Score: 1

      He who refuses to learn (or fails to) from history is doomed to repeat it. Hitler, Napoleon, Julius Ceasar, Stalin, the Kmer Ruge(sic) each used the "defense of the homeland (way of life, etc)" as the excuse for attrocities. The USA without the proper checks and blances is tghe worst nightmare the world can have. Imagine Nazi Germany with Nuclear Weapons.

      --
      Talking to Geeks is like eating jello with a chainsaw, interesting, but painful.
    7. Re:Death of a democracy by Golias · · Score: 1

      Yesterday it was terrorists. Today it's pornographers. Tomorrow it's you. That is, if they aren't already surveilling you because of the pornography, which they probably are.

      I think you might have an inflated opinion of just how interesting you are to law enforcement agencies.

      If you're not about to blow up a federal building (or blow up your garage with a badly-planned meth lab), then the Justice Department really doesn't give a shit about what you are doing at home, or what genre of dirty pictures you are doing it with. Get over yourself.

      --

      Information wants to be anthropomorphized.

    8. Re:Death of a democracy by diggum · · Score: 1

      TripMaster Monkey: > Here's the problem...the phrase "Americans that the government is suspicious of", can (and is) defined differently every day. Such vagueness virtually invites a police state. Exactly. Cindy Sheehan was an asset for awhile - her son died heroically in Iraq, fighting Bush's war. When she began protesting, successfully, she became a major liability for the administration. We find out down the road that the government was infilitrating and monitoring several similar peace organizations. Following the logic of "monitoring suspicious Americans," does that mean it's now ok for the administration to begin monitoring the mothers of all soldiers that die in combat as we've already seen at least one become a liability?

    9. Re:Death of a democracy by JPyun · · Score: 1

      I would think twice before you quote that (falsified) article attributing that quote (just a goddamned piece of paper) to Pres. Bush. Just saying.

    10. Re:Death of a democracy by Dutchmaan · · Score: 2, Interesting

      If you're not about to blow up a federal building (or blow up your garage with a badly-planned meth lab), then the Justice Department really doesn't give a shit about what you are doing at home, or what genre of dirty pictures you are doing it with. Get over yourself.

      That is unless you need to be discredited to the public in some way. Then those very interesting things that you do at home that have been monitored suddenly become very interesting and very public.

    11. Re:Death of a democracy by Golias · · Score: 1

      That is unless you need to be discredited to the public in some way.

      Kindly site three examples of private citizens who have been publicly disgraced as a result of US government surveillance of their embarassing behavior.

      Oh, heck. Site one. I'll be very impressed.

      --

      Information wants to be anthropomorphized.

    12. Re:Death of a democracy by Dutchmaan · · Score: 2, Interesting

      I would think twice before you quote that (falsified) article attributing that quote (just a goddamned piece of paper) to Pres. Bush. Just saying.

      and I would think twice about flatly saying that it's falsified... There is in fact an article out there which alleges that Bush said that very phrase. Whether it's ultimately true or not only those who were in the room with Bush and Bush himself know.

      What I do know.. is that according to my own personal assesment of Bush's personality.. It would come as no great shock to me at all if it proved true.

      The sad part is that it seems WELL within the realm of possibility that it could be true.

    13. Re:Death of a democracy by Anonymous Coward · · Score: 0

      We only have to look back to the McCarthy hearings to see where private information sudenly becomes VERY public. Is it really so much of a stretch to look back 40 years?

    14. Re:Death of a democracy by jr87 · · Score: 1

      it's been said one of the purposes of the watergate break-ins was to look for "dirty stuff" on the dems at the convention. Pornography was explicitely mentioned by one of the people who was involved. The More you know...

    15. Re:Death of a democracy by Dutchmaan · · Score: 1

      You are missing the point. The point IS that your privacy being overtly invaded could be used as a tool against you. I'm not saying that it is being done or has been done (though it wouldn't suprise me in the least if it had) I'm saying that it COULD easily be done and IMHO is not beyond this administration.

    16. Re:Death of a democracy by mosch · · Score: 1

      Martin Luther King.

    17. Re:Death of a democracy by Golias · · Score: 1

      Is it really so much of a stretch to look back 40 years?

      Yes. 40 years ago we were okay with censoring unflattering war news. 40 years ago in humiliated and disgraced an entire family if it became known that a girl had an abortion. 40 years ago desegregation was seen as controversial in some parts of the country.

      40 years ago, an argument against the monitoring suspected terrorists would be seen as utterly preposterous by all but a handful of radicals.

      We are a very different nation than we were 40 years ago. Nowadays, the issue of whether we ought to be monitoring these calls has become something that reasonable people can disagree upon.

      Clinton-haters and Bush-haters asside, I continue to be astonished at our ongoing success at maintaining a democracy in which our rights are so well cared for that the suggestion of a relatively minor perceived infraction of privacy is seen by half the country as a dangerous outrage.

      --

      Information wants to be anthropomorphized.

    18. Re:Death of a democracy by TripMaster+Monkey · · Score: 1
      --
      ____

      ~ |rip/\/\aster /\/\onkey

    19. Re:Death of a democracy by Anonymous Coward · · Score: 0

      Now one reason the President may not have asked for FISA warrants is that the wiretapping may have been so overreaching that it targeted millions of people, in that case how does one ask for a warrant to wiretap let's say 5 million people?
      something to think about.

    20. Re:Death of a democracy by Jeremi · · Score: 1
      Kindly site three examples of private citizens who have been publicly disgraced as a result of US government surveillance of their embarassing behavior


      If the government decided to leak embarrassing details about somebody's private life in order to discredit them, do you think they would hold a press conference and say "here's what we found with our secret wiretapping of Joe Schmoe's bedroom"? Probably not. Much better to secretly leak the details through a few middle men, so that they "just happen" to appear in the press or some blogs. At that point, the media will go into its usual feeding frenzy and the character assassination is complete without anyone ever knowing that the government was involved.


      Given that, it would be difficult in most cases to show government wrongdoing. However, the U.S. government does have a known history of wiretapping political enemies, and the Bush Administration's predilection for trying to discredit people using confidential/personal information (even if they have to make up the details to suit their purpose) is so well-known it has earned its own nickname.


      So no, I don't have direct examples, but there is clearly a willingness in some parties to do such things, and absent any checks or balances there would be no reason for them not to. Which is what makes it so troubling that they are trying to do away with those very checks and balances.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    21. Re:Death of a democracy by Anonymous Coward · · Score: 0

      DAVID KORESH

    22. Re:Death of a democracy by DavidTC · · Score: 2, Interesting
      Yeah, I get confused by people saying 'We could end up in a police state.'

      A police state is a state where the executive branch makes the laws, and enforces the laws (like they should), and judges guilt or innocence.

      We've already had them claiming they can lock people up without going through the courts.

      Now we have them arguing they do not have to follow the law. Today it's FISA they don't have to follow, tomorrow it's the law against murder. Summary executions, anyone?

      If the executive do not have to demonstrate things to the court, and cannot be held in check by the legislative branch, that IS a police state, period. There's no 'maybe', there's no 'slippery slope', it is here and now. It is a state run by the police. It is a police state. That's what that means. It doesn't have to be a dictatorship, it doesn't have to be fascist, it just has to be operated solely by the executive branch of the government, with no checks for anywhere else.

      And, no, the fact their power might be checked by the courts WRT to the detentions, and by Congress with impeachment, doesn't change the fact that, if what the Administration claims is true, this is ipso facto a police state.

      If what they claim is not true, they are felons at the least. Pick one. Police state, or a government operated by criminals.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    23. Re:Death of a democracy by Qzukk · · Score: 1

      I think you might have an inflated opinion of just how interesting you are to law enforcement agencies.

      Ask Maher Arar just how interesting he thought he was to the US government. He's the Canadian citizen who was renditioned to Syria for over a year for interrogation about his coworker's brother, who was a terrorist. Take a look around you. How many people do you know that the government knows you know? How many people do they know? When the government is playing "six degrees of al qaeda" to find new bogeymen, are you so sure you're not "interesting"?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    24. Re:Death of a democracy by Syberghost · · Score: 1

      Plame wasn't a private citizen. You lose.

    25. Re:Death of a democracy by kmmatthews · · Score: 1

      You say these things, but you give like minded individuals no way to contact you.

      --
      feh. stuff.
    26. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      Sophistry. The fact that she was a CIA operative made what they did more reprehensible, not less. It is a federal crime for anyone with authorized knowledge of the identity of an active or recently active undercover CIA operative to knowingly divulge it to persons not otherwise authorized to know it.

      Next time, try educating yourself rather than basing your argument upon semantics.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    27. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      We're in contact now, aren't we?

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    28. Re:Death of a democracy by Syberghost · · Score: 1

      It is a federal crime for anyone with authorized knowledge of the identity of an active or recently active undercover CIA operative to knowingly divulge it to persons not otherwise authorized to know it.

      Yes, and so far the investigation appears to be indicating that:

      1) It was an openly-known thing to the entire Washington press core before Bush took office.
      2) She wasn't undercover.

      Need I remind you that NOBODY has been charged with violating that law in this? The most they've managed is, after much scrambling, to accuse someone of lying about not remembering a conversation, based on his own notes that he delivered voluntarily?

      Nevertheless, you were asked to provide the name of a private citizen. You provided the name of a government employee. There was a second condition you didn't meet, but I feel no need to waste time when all it takes is one to defeat your argument.

    29. Re:Death of a democracy by scheming+daemons · · Score: 1
      Nevertheless, you were asked to provide the name of a private citizen. You provided the name of a government employee. There was a second condition you didn't meet, but I feel no need to waste time when all it takes is one to defeat your argument.

      A) Government employees are private citizens. In fact, in most cases, like mine, citizenship is required.

      B) Jose Padilla. Private U.S. citizen. Held for 3+ years without being charged with a crime. He may have been guilty, but his 4th and 5th amendments rights were violated.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    30. Re:Death of a democracy by Syberghost · · Score: 1

      B) Jose Padilla. Private U.S. citizen. Held for 3+ years without being charged with a crime. He may have been guilty, but his 4th and 5th amendments rights were violated.

      He wasn't "publicly humiliated" because of his "embarassing behavior". He was arrested for a crime, which is absolutely not the same thing. The highest federal court to give a ruling on his disposition so far has upheld it as being legal, not counting rulings subsequently thrown out by a higher court.

      This is not an example of what you were asked to provide. This is yet another instance of responding to a question with an emotional outburst instead of logic, which is what the original questioner expected.

      You guys should quietly slink off and admit the original emotional outburst was wrong, not keep trying to deflect with irrelevancies.

    31. Re:Death of a democracy by scheming+daemons · · Score: 1
      He wasn't "publicly humiliated" because of his "embarassing behavior". He was arrested for a crime, which is absolutely not the same thing.

      The whole point is that he wasn't arrested! Come on, you are not this dense... you couldn't possibly be. He was held for 3 years, without being charged with ANY crime. 3+ years later, they came up with one... but it doesn't invalidate the point that they were able to hold him.. without charging him with anything for 3 years.

      All because they suspected he was a terrorist.

      When I become President, I'll "suspect" you of being a terrorist, and hold you indefinitely without access to your lawyer... all just because you're ugly and don't agree with my world view. Heck.. I don't need a reason... I can hold you without charging you for anything for as long as I like... just cause you're a dirty Republican.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    32. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      Yes, and so far the investigation appears to be indicating that:

      1) It was an openly-known thing to the entire Washington press core before Bush took office.
      2) She wasn't undercover.


      Pretty amusing how the two points in your rebuttal contradict each other. If she wasn't undercover, how could it have been an openly-known thing to the entire Washington press corps that she was?

      (By the way, she was undercover...please read here for details.)

      If it was so openly-known, why does the evidence point strongly enough to Lewis Libby to indict him on five felony counts?

      Next time you construct an argument, try to make it a little less self-contradictory and a little more factual.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    33. Re:Death of a democracy by Syberghost · · Score: 1

      If it was so openly-known, why does the evidence point strongly enough to Lewis Libby to indict him on five felony counts?

      NONE of which are that he leaked the identity of an undercover operative. Read them again. He's being charged, basically, with lying about his role in something for which nobody is being directly charged with a crime.

      If anything, this is pretty much proof they couldn't find a shred of evidence a crime was committed; if they think they can prove these charges (perjury in self-amended testimony? Come on!), then certainly they could indict on the core charge, wouldn't you think?

    34. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      Capone was convicted of tax evasion.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    35. Re:Death of a democracy by Fishstick · · Score: 1

      does this count?

      http://www.spartacus.schoolnet.co.uk/USAkingML.htm

      Wilkins was right to be concerned about a possible smear campaign against Rustin. Edgar Hoover, head of the Federal Bureau of Investigations, had been keeping a file on Bayard Rustin for many years. An FBI undercover agent managed to take a photograph of Rustin talking to King while he was having a bath. This photograph was then used to support false stories being circulated that Rustin was having a homosexual relationship with King.

        This information was now passed on to white politicians in the Deep South who feared that a successful march on Washington would persuade President Lyndon B. Johnson to sponsor a proposed new civil rights act. Strom Thurmond led the campaign against Rustin making several speeches where he described him as a "communist, draft dodger and homosexual".

      ...
      J. Edgar Hoover became concerned about King's political development, especially when in 1966 he became a strong opponent of the Vietnam War. Hoover arranged for Federal Bureau of Investigation (FBI) agents to bug the telephones and hotel rooms where King stayed. Details of his private life was leaked to the press and the FBI sent King an anonymous blackmail letter in an attempt to force him to retire from political life.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    36. Re:Death of a democracy by Syberghost · · Score: 1

      Capone was convicted of tax evasion.

      Yes; but of not paying those taxes on illegally-gained money. It still had to be proven that he in fact possessed that money.

      Libbey is being charged with saying he didn't talk to somebody when he did. They know he did because he showed up with a some notes and said "huh, according to these notes, looks like I DID talk to him. My bad."

      Comparing this to Capone would be like if it was discovered that he was in fact not a mobster, he just ran a home-based business and didn't declare $200 of income, and we found that out because he testified to it, so we decided to indict him for tax evasion.

    37. Re:Death of a democracy by Darby · · Score: 1

      That doesn't automatically make them bad laws, nor dows it automaticlally mean the government will misbehave in that manner.

      Well, if you totally ignore the fact that history demonstrates conclusively that it *always* happens.
      So, yes, there is a nonzero possibility that they won't misbehave. It's a completely worthless point to make though, since the odds of them not abusing their power are laughably small.

    38. Re:Death of a democracy by Anonymous Coward · · Score: 0

      Do you have a job, or do you really spend all day reading Slashdot? I mean, you've been posting consistently for four hours straight! Give it a rest already! Get out of the house, get some fresh air, talk to some real people.

      Re:Death of a democracy Friday January 27, 02:55PM
      Re:Why Would He Dodge... Friday January 27, 02:39PM
      Re:Death of a democracy Friday January 27, 02:19PM
      Re:Why Would He Dodge... Friday January 27, 01:37PM
      Re:47%? Friday January 27, 01:13PM
      Re:Death of a democracy Friday January 27, 12:59PM
      Re:Death of a democracy Friday January 27, 12:54PM
      Re:Please stop... Friday January 27, 12:46PM
      Re:Death of a democracy Friday January 27, 12:21PM
      Re:47%? Friday January 27, 11:08AM
      Death of a democracy Friday January 27, 10:52AM

    39. Re:Death of a democracy by Anonymous Coward · · Score: 0
      Expose a corrupt government for what it is on the 6 o'clock news, and you're an enemy of the government but a hero to the people and the press.


      Unless the government can control what's going out, on the "6 o'clock news" -- then you're a [insert_current_en_vogue_criminal_designation_here ].

      remember :
                              the war, out there, is to keep the peace, at home.
                              the "bleeding-heart-liberals" just want to tie the government's [metaphorical] hands.
                              and, of course, your government is dedicated to keeping you informed.

      wip
      fis
      iis

    40. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      Libbey is being charged with saying he didn't talk to somebody when he did.

      That's a rather poisonously disingenuous dismissal of the very serious charges against Libby. The federal grand jury indicted Libby on five charges: one charge of obstruction of justice, two charges of perjury and two charges of making false statements. All are felony crimes, and are rather more serious than you would have us believe.

      I seem to remember someone else lying about something...something that in and of itself wasn't even a crime at all...and he went through impeachment proceedings for his trouble. Can you guess who I'm thinking of?

      Your neo-con spin machine is up to maximum RPM, but it can't spin this away. Sorry.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    41. Re:Death of a democracy by Syberghost · · Score: 1

      And the liberal spin attempts to make this indictment sound like proof that the underlying investigation turned up a crime, when it in fact uncovered that no crime had been committed, continues at full speed.

    42. Re:Death of a democracy by Mad_Rain · · Score: 1

      Bonus points to you for using the word "sophistry," in your reply. Good job. :)

      --
      "What do you think?" "I think 'What, do you think?!'"
    43. Re:Death of a democracy by TripMaster+Monkey · · Score: 1


      when it in fact uncovered that no crime had been committed

      That's a truly amazing claim, considering that legal action against Libby is still ongoing. Your statements are becoming increasingly incredible...and by that, I mean that they are becoming increasingly devoid of credibility.

      Oh, by the way, if all that Libby did was 'say he didn't talk to somebody when he did', why exactly did he resign? Clinton didn't resign... Nixon did resign, however. Hmmm...

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    44. Re:Death of a democracy by mpe · · Score: 1

      Here's the problem...the phrase "Americans that the government is suspicious of", can (and is) defined differently every day.

      Which dosn't imply that they pose any risk to ordinary people. Indeed people who are seriously dangerous to the public end up being specifically excluded.

    45. Re:Death of a democracy by mpe · · Score: 1

      And once it's you, then they'll be listening carefully to make sure you don't say anything anti-American, or better yet, something against the government. Because really, there's a *big* difference between being an enemy of the people, and an enemy of the government. Expose a corrupt government for what it is on the 6 o'clock news

      Or even one public official.

      and you're an enemy of the government but a hero to the people and the press.

      Conversely you can find people and groups who no threat to/friends of government and/or government officials whilst being a serious menace to the interests, livelyhoods, even lives of most members of the public.

    46. Re:Death of a democracy by mpe · · Score: 1

      The point IS that your privacy being overtly invaded could be used as a tool against you. I'm not saying that it is being done or has been done (though it wouldn't suprise me in the least if it had) I'm saying that it COULD easily be done and IMHO is not beyond this administration.

      Effective blackmail tends to be rather invisible.

    47. Re:Death of a democracy by edunbar93 · · Score: 1

      If you're not about to blow up a federal building (or blow up your garage with a badly-planned meth lab), then the Justice Department really doesn't give a shit about what you are doing at home, or what genre of dirty pictures you are doing it with.

      Or how much pot you smoke every oh, 8 months or so, or what movies you pirate, or what songs you download. Just so long as you're not some pinko liberal pacifist journalist that's in the way.

      That kind of "little thing" is how you make free speech go away. You just have journalists jailed for the sort of petty crimes that everyone is guilty of, at just the right time. Or in perpetuity, one or the other.

      So while *I* may be of no interest to the DoJ, who is?

      --
      "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
    48. Re:Death of a democracy by Anonymous Coward · · Score: 0

      If You've Done Nothing Wrong You Have Nothing To Hide, Citizen.

    49. Re:Death of a democracy by Anonymous Coward · · Score: 0

      I've yet to see a reliable source cover the story. Likewise, every source I've seen carrying the story is heavily liberal. Therefore, I call bullshit. There are articles out there that allege Bush is working with aliens to take over Israel. That doesn't mean it's true.

      This is the internet. I thought TMM would know that you can't trust anything you read on the internet.

  5. Operating outside the law by _am99_ · · Score: 5, Insightful
    The FISA court has a provision that allows court approval to be
    obtained after the fact. This invalidates the "need for speed"
    agrument. The very few times someone in the media has confronted an
    administration offical with this obvious logic, the response has
    always been regression into a vague discription of the current NSA
    program being "another valuable tool", or needing "every tool
    available" to keep the American people safe.

    I have not had the misfortune of having listened to the latest set of
    talking points being pushed. But as far as I can see, there are only
    a few reasons to not use FISA:

    • because FISA leaves records of activity and the administration does not want to be
      held to account for their actions
    • because there is a standard of probable cause that the administration does not feel it can meet


    Either of these motives is an indication of the Bush administration
    feeling that they need to operate outside the law.

    If they really believe in the rule of law, they should move change the
    law to fit the times. If not, they are just showing their contempt
    for the rule of law
    .

    I think the framers of the American Constitution are turning in their
    gaves right now.

    1. Re:Operating outside the law by timeOday · · Score: 1

      Exactly. All this talk of whether the police should be able to spy on Americans is irrelevant; they can. The only question is whether it should require a warrant. And more importantly, whether the decision to require a warrant is the President's to make.

    2. Re:Operating outside the law by thatguywhoiam · · Score: 1
      a vague discription of the current NSA program being "another valuable tool", or needing "every tool available" to keep the American people safe.

      This is something I have noticed in White House and Justice Department press briefings.

      If a new law is phrased as a "tool", it is practically guaranteed to be some kind of draconian overreach. "Tool" seems to be the Orwellian doublespeak du jour for invasive laws that erode civil liberties.

      --
      If Jesus wants me it knows where to find me.
    3. Re:Operating outside the law by blamanj · · Score: 1

      Of course, it doesn't help when those in power either don't know the Constitution or (more likely) simply lie about it. Here's an exchange between Gen. Michael Hayden and a reporter where Hayden claims the fourth amendment does not say there must be probably cause to issue a warrent, which is simply wrong.

      Hayden is currently Deputy Director of National Intelligence and formerly the Director of the NSA.

    4. Re:Operating outside the law by KilobyteKnight · · Score: 1
      All this talk of whether the police should be able to spy on Americans is irrelevant; they can. The only question is whether it should require a warrant. And more importantly, whether the decision to require a warrant is the President's to make.

      You do realize it's being used to track the international conversations of suspected terrorists, right? I don't think any rational person would argue against the Presidents or the military's authority to spy on foreign combatants durign a time of war, yet somehow this is being mischaractized as "spying on innocent Americans". It would be absurd to think the President needs court permission to spy on enemy combatants.

      Another point, where are the "innocent Americans" that are being spied on? Can you name one? Has anyone been prosecuted based on such spying? Do you think an "innocent American" who had no involvement in terrorism would have any trouble at all getting such evidence thrown out?
      --
      When will Windows be ready for the desktop?
    5. Re:Operating outside the law by voice_of_all_reason · · Score: 1

      Tool is also a broad, nondescript, "safe" word for repeated use. Note the lack of a proper modifier such as "effective". Valauable is ambiguous -- it doesn't say if its the public or the government that the tool is valuable for.

      If I may dive head-first down the slippery slope, by this logic...

      Hmm, I was going to try and describe the most unbeleivable crime imaginable that could be plausibly used to "defend against terr'ists", but we already allow torture under presidential approval. Oh well.

    6. Re:Operating outside the law by Ibix · · Score: 1
      ...Hayden claims the fourth amendment does not say there must be probably cause to issue a warrent...

      Maybe he's a grammar Nazi, too? ;)

      I

    7. Re:Operating outside the law by Anonymous Coward · · Score: 0

      > because there is a standard of probable cause that the administration does not feel it can meet

      The fourth amendment experts at the Whitehouse and the NSA do not recognize the standard of probable cause.

      As we saw on The Daily Show the other day, the General running the NSA insisted that the words "probable cause" do not appear in the fourth amendment, and that the standard is simply "unreasonable search and seizure" for some undefined value of "unreasonable". I guess they have an abridged copy of the bill of rights over there.

    8. Re:Operating outside the law by bigpat · · Score: 1

      From the teaser: Critics say the administration could conduct such surveillance while still getting prior court approval, as spelled out in a 1978 law intended to guard against governmental abuses.

      It is funny how many times I hear this misleading part about needing to get prior approval. Under FISA, they don't even need "prior" approval to conduct such survellance. As you say "The FISA court has a provision that allows court approval to be obtained after the fact."

      In fact they have 72 hours after the fact to get one of the special FISA court judges who are available 24 hours a day to approve the secret warrant. That is 3 whole 24 hour days for them to justify the surveilance! The only reason they would need to go around FISA is if they were conducting mass surveillance based upon loose affiliations. There is no reasonable way to explain this as targeted, there is no reasonable way to explain this as needing to expedite the start of the monitoring. This is pure and simple about automated surveilance based upon monitoring anyone within an arbitrary degree of seperation with terrorists.

      Remember the idea of 6 degrees of seperation?
      http://en.wikipedia.org/wiki/Six_degrees_of_separa tion

      How many degrees of seperation before you are considered a "terrorist affiliate" or "associate"? Before saying hello to a random person at the coffee shop makes you a suspect too.

    9. Re:Operating outside the law by blamanj · · Score: 1

      Not only that, I misspelled warrant. Sheesh. No more early-AM pre-coffee posts for me.

    10. Re:Operating outside the law by Jeremi · · Score: 1
      You do realize it's being used to track the international conversations of suspected terrorists, right?


      You do realize that an "innocent American" can be a "suspected terrorist", right? i.e. just because the government suspects someone, it doesn't follow that they are guilty of anything?


      I don't think any rational person would argue against the Presidents or the military's authority to spy on foreign combatants durign a time of war


      Nobody is making that argument. The argument is that the government should follow the law and obtain a warrant for doing so. It's really not that difficult to go to FISA and get a warrant (even retroactively!) unless you are doing something completely inappropriate.


      Another point, where are the "innocent Americans" that are being spied on? Can you name one?


      I went to the NSA's web site to see the list of people they are currently spying on, but for some reason it wasn't posted. As soon as they post the list I will get back to you about which people on it are innocent. Until then your guess is as good as mine, but the fact that the government didn't want to even tell the (highly sympathetic and secretive) FISA court about their activities suggests that they weren't confident that FISA would find them justified.


      Do you think an "innocent American" who had no involvement in terrorism would have any trouble at all getting such evidence thrown out?


      You're assuming the evidence is to be used solely in a courtroom. There are many possible (mis)uses for peoples' private information that have nothing to do with presenting them to a jury.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    11. Re:Operating outside the law by thatguywhoiam · · Score: 1
      Hmm, I was going to try and describe the most unbeleivable crime imaginable that could be plausibly used to "defend against terr'ists", but we already allow torture under presidential approval. Oh well.

      Let me take a stab at it.

      "Compared to the "bunker buster" and some of the other high yield weapons in the U.S. arsenal which are ten, fifty, or even one hundred times larger than Hiroshima, the "mini nuke" is much smaller. Its purpose can range from use to take out an underground facility that is not too deeply buried, to use on the battlefield as part of a war fighting strategy. It is more like another tool in the kit box.

      That was Dr. Bruce Blair, President of the Center for Defense Information, October 2005. Does that qualify?

      --
      If Jesus wants me it knows where to find me.
    12. Re:Operating outside the law by SilverspurG · · Score: 1

      Except that, for all the sensationalism, nobody has ever demonstrated that such a device can actually be successfully fabricated. There are millions of conceptual ideas in pre-development stages ranging from nanoscale nuclear weapons to personalized medical cures for every imaginable disease. That doesn't mean that any of them actually truly exist.

      Theoretically I can change reality just by thinking hard enough. I still haven't gotten a promotion.

      --
      fast as fast can be. you'll never catch me.
    13. Re:Operating outside the law by javamann · · Score: 1

      Of course I could name one, if only we were allowed to see who is being tapped. From what I heard though you are one of the ones being watched.

    14. Re:Operating outside the law by lostboy2 · · Score: 1

      Another point, where are the "innocent Americans" that are being spied on? Can you name one? Has anyone been prosecuted based on such spying? Do you think an "innocent American" who had no involvement in terrorism would have any trouble at all getting such evidence thrown out?

      Well, there were cases of people getting put on the no-fly list, causing innocent Americans to miss their flights. Per CBS News, "[Senator Ted] Kennedy says he had to enlist the help of Homeland Security Secretary Tom Ridge to get his name stricken from the list. The process took several weeks, in all." Imagine how long it would take for an "ordinary" citizen without any political clout to get this resolved.

      So, yes, there's precedence for concern over things like this.

      Speaking for myself, I'm not opposed to the surveillance, but I want some due process to ensure that the government is not abusing this power. My concern is that the Bush administration may be ignoring that due process.

    15. Re:Operating outside the law by Savantissimo · · Score: 1

      "where are the "innocent Americans" that are being spied on?"

      In America, making calls abroad.

      "Can you name one?"

      No, because Bush is keeping the information secret to protect his ass.

      "Has anyone been prosecuted based on such spying? "

      The violation of citizens' rights occurs when the invasion of privacy is committed; the commission of a felony occurs when the FISA court does not get a warrant application within three days.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    16. Re:Operating outside the law by Politburo · · Score: 1

      I'm against the current program as much as anyone. But something does require correcting.. they can go back after 72 hours to get the warrant, but they still need Attorney General certification to monitor in that 72-hour window. The Attorney General certification is basically the same as the FISA warrant application.

    17. Re:Operating outside the law by mpe · · Score: 1

      I went to the NSA's web site to see the list of people they are currently spying on, but for some reason it wasn't posted. As soon as they post the list I will get back to you about which people on it are innocent.

      More interesting would be the list of people who probably should be being spied on who are not. Along with the list of the people doing the spying who probably should be being spied on...
      The concept of a "warrent" is ment to somewhat address the question of "who watches the watchers".

      You're assuming the evidence is to be used solely in a courtroom. There are many possible (mis)uses for peoples' private information that have nothing to do with presenting them to a jury.

      It's a variation on the "people who havn't done anything wrong have nothing to fear". Which is a flawed idea since it assumes that those doing the spying are all absolutly honest and that the "wolf in sheep's clothing" is only ever a paranoid fantasy...

    18. Re:Operating outside the law by Moofie · · Score: 1

      "Another point, where are the "innocent Americans" that are being spied on?"

      We don't know. That's a secret.

      "Can you name one?"

      If we did, we would probably get disappeared.

      "Has anyone been prosecuted based on such spying?"

      Why bother with prosecution? Just throw them in a dark hole. Or export them to a foreign power who will torture a confession out of them.

      "Do you think an "innocent American" who had no involvement in terrorism would have any trouble at all getting such evidence thrown out?"

      You're having real trouble with this "innocent until proven guilty" thing, aren't you? You understand that the writ of habeas corpus is, to all intents and purposes, GONE in this case. You're a terrorist if some pencil pusher decides you're a terrorist, and you have no due process rights after that point.

      The Constitution exists to protect us from the government. The government is much better funded, organized, and capable than terrorists are.

      --
      Why yes, I AM a rocket scientist!
    19. Re:Operating outside the law by KilobyteKnight · · Score: 1
      It's a variation on the "people who havn't done anything wrong have nothing to fear".
      No, it's pointing out that no one can name a single "innocent American" who's rights have been violated. Not one.

      In the limited scope of spying on international (not domestic) communications involving suspected terrorists, I do not have a problem at all with what is going on. No one has presented any evidence that anything else is happening.

      Would you have opposed spying on Americans making phone calls to Heinrich Himmler -during- WWII? If your answer to that is "no", you are being inconsistant in your stance. If you answer is "yes", then I think reason would be lost on you.
      --
      When will Windows be ready for the desktop?
  6. Ordinary Americans? by PIPBoy3000 · · Score: 5, Funny

    they overwhelmingly opposed the same kind of surveillance if it was aimed at "ordinary Americans."

    Whew. It's a good thing I'm an ordinary American, unlike the rest of you commie techno-freak Slashdotters.

    1. Re:Ordinary Americans? by Anonymous Coward · · Score: 0

      Well I support hole heartedly (pun intended). The concentration of presidential power and the precedence of un-check surveillance of U.S. citizens. So in a few years when the Republicans are thrown out of office we can continue the war on religious fundementalism. We can then ask Google and AOL and company to turn over the records of all those that have visited religious or right wing sites and begin to classify them as enemy combantants (we obviously cant descriminate one fundemenatlist relgion over another, oh no), detain them somewhere in Canada without warrant, for years, torture them (let them listen to air america radio 24/7) and all within law and precedence. If they only knew they were opening Pandora's box and out comes a sword that has sharp edges on both sides. If they only had a clue why our founding fathers so carefully put into place more protections against concentration of power. Well it is a good thing they dont because their time at the controls is going to be short lived, then we can see what that baby will do. (evil chuckle)

    2. Re:Ordinary Americans? by necro81 · · Score: 3, Insightful

      Whew. It's a good thing I'm an ordinary American, unlike the rest of you commie techno-freak Slashdotters.

      While the parent has been moderated up for making a funny statement (and it is), the statement also cuts to the deathly serious nature of what exactly is wrong with the NSA wiretapping program. Few people, myself included, debate that we need as much intel as possible to try and curb future terrorist attacks. I do not debate that there are times when expediency is needed, as provided for in the FISA. While there are surely plenty of persons surveilled with probably cause, who is to say that "ordinary Americans" couldn't be next, with or without probable cause?

      Traditionally, the person to say is the judicial and, to a lesser extent, the legislative branches. But, without the judicial or congressional checks, which this administration has flouted, it the President (along with the attorney general, and others) who has decided. The framers of the constitution were fearful of that kind of unchecked power in the hands of the presidency. I for one am even more skeptical of this presidency.

      President Nixon was forced into resignation for ordering, and subsequently attempting to cover-up, the break-in at the Watergate Hotel (among other abuses, such as bombing Cambodia). That, too, was in some ways a President using his powers to spy on his enemies (in this case, the DNC), and breaking the law to do so. In this case, the president has been given a lot of leeway because the enemies are terrorists - enemies of the state and people. However, I (and numerous legal scholars, and half of Congress to boot) suspect that the President has still broken the law in pursuit of these enemies.

      If Nixon was forced into resignation (lest he be impeached), shouldn't this President at least be under more heat than he currently is receiving? I asking a genuine question: can someone explain to me why more Americans are not up in arms over this?

    3. Re:Ordinary Americans? by StillNeedMoreCoffee · · Score: 1

      Absoulutely, and not only for these abuses, but the illegal detention of citizens, torture and kidnaping. I remember 1984 where there was a fuzzy war with the Northeast or some such fictional place. What a boon and blank check, a war on an idea, terroism, not terrorists you understand. If is was a war on terroists then when you got the last one you would be done but an undeclared war on an idea is so sweet to give you special war powers to do what you want without oversight, special budgetary clout, mobilizing patriotic sentiment when your popularity numbers are flagging, its sweet.

      But when the joy ride is over there will be the piper to pay. Already impeachment and legal action have been talked about, the corrupt practices have started to be exposed and are crumbling, Delay, Abermoff ... Rove... it will be interesting to see how it all comes down.

      I remember the scene in "The Man Who Would be King" when Sean's cheek is bitten and the blood exposed his mortality. He and Michael Caine then "brazen it out" or some phrase acting bold and confident as they stroll through the crowd, trying to find the exit before the mob starts in. I don't know what made me think of that.

    4. Re:Ordinary Americans? by Jah-Wren+Ryel · · Score: 1

      Few people, myself included, debate that we need as much intel as possible to try and curb future terrorist attacks.

      Well then MORE people ought to be debating that point.

      All the 9/11 guys were known about. We even had reports of some of them getting training on how to take of but not land jumbo jets. The point is - we had more than enough "intel" to stop 9/11 but nobody stopped it.

      Now, with this pervasive surveillence culture - various government agencies are even more overloaded with "intel" but they still lack the means to shift through it and find useful information. In fact, because of the increase in data, it is now harder to find the useful information buried within the noise.

      Furthermore, a lot of these massive data-mining operations are bass-ackwards. You can't reliably identify terrorists by their spending habits, or their travel plans, or the like. You get way too many false positives to be even close to useful. They are only good for "after the fact" analysis, when it is too late because they have already done the dirty deed, you can go back and say "yep, look at that, the guy called Pakistan every day for a year" we should have known he was a terrorist! Problem is, 10,000 other people called Pakistan every day for a year too and you could not have investigated them all.

      --
      When information is power, privacy is freedom.
    5. Re:Ordinary Americans? by SlowEmotionReplay · · Score: 1

      Just a guess, but I'd say that the proverbial "pot" that was the Vietnam war had been already nearly brought to a boil before Nixon added to the flame. In our present condition, the pot was just simmering at the beginning of Bush's second term. Bush (the whole administration, not just the figurehead) manages to add fuel to the flame at almost every opportunity, but he may still make it out of office before the pot boils over.

    6. Re:Ordinary Americans? by mpe · · Score: 1

      Now, with this pervasive surveillence culture - various government agencies are even more overloaded with "intel" but they still lack the means to shift through it and find useful information. In fact, because of the increase in data, it is now harder to find the useful information buried within the noise.

      With pervasive surveillence it can also be fairly easy for "bad guys" to add more noise.
      The information being gathered is potentially of more use to criminals than law enforcers anyway.

  7. Fear is the key by faloi · · Score: 4, Insightful

    The government learned a long time ago that a population in fear will put up with a lot. Whether it's fear of a "domino effect" of communism, fear of swine flu, SARS, avian flu, millitias, terrorists, what have you. It's sadly too simplistic to make it a partisan issue, both parties have shown great aptitude in manipulating the population through fear.

    That being said, it's sad that the country is pretty much giving the president a wash on this. But then, nobody said much about the USA PATRIOT act either. We had what, two senators vote against it the first time around?

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
    1. Re:Fear is the key by drew · · Score: 1

      We had what, two senators vote against it the first time around?

      No. Only one...

      --
      If I don't put anything here, will anyone recognize me anymore?
    2. Re:Fear is the key by swiftstream · · Score: 1

      One Senator: Russ Feingold, D-WI. If he ever runs for President, he receives my vote by default just for that. Anybody else who wants to win it away from him would have to give me some very, very good reasons.

      There was also one abstention, so the final vote was 98-1. The House did marginally better, with about 10% against.

      --
      Be a PATRIOT--because the only thing we have to fear is the lack thereof.
  8. Jeez by Anonymous Coward · · Score: 1, Insightful

    Get real people. This crap won't make you any safer but will make you less free.

    Those who trade liberty for security deserve neither - Benjamin Franklin

    There's a great quote from Goering about using fear to lead a free public around, but I can't remember it off the top of my head.

    Freedom is the most precious thing we have, without that, the Terrorists really win.

  9. It's totally unacceptable by gasmonso · · Score: 1

    I have no problems with wiretapping. Bush just needs to get authorization and have some oversight. If he would just use the proper channels, this wouldn't even be an issue. Tapping converstions on your own stinks of communism and evil dictatorships.

    http://religiousfreaks.com/
    1. Re:It's totally unacceptable by Anonymous Coward · · Score: 0

      But if you've nothing to hide, what's the big deal?

      If you aren't conducting "terrorist" activities, then Bush and his wiretaps won't be listening in on your conversations.

    2. Re:It's totally unacceptable by Anonymous Coward · · Score: 0

      "If you aren't conducting "terrorist" activities, then Bush and his wiretaps won't be listening in on your conversations."

      You post on slash-dot; therefore, you are a terrorist. Time to start encrypting your phone conversations.

    3. Re:It's totally unacceptable by (trb001) · · Score: 1

      Tapping converstions on your own stinks of communism and evil dictatorships.

      Actually, wouldn't that be tapping conversations and then using the information to illegally arrest, incarcerate and put the subject to death stinks of communism and evil dictatorships? I think you'd be hard pressed to find any Democracy, including this one throughout its short history, that wasn't guilty of unilaterally surveilling a portion of its population, whether directly or as part of a foreign operation. The indicator would seem to be what does the government use that information for.

      --trb

    4. Re:It's totally unacceptable by DavidTC · · Score: 1

      If Bush has nothing to hide, what's the problem with using the court?

      --
      If corporations are people, aren't stockholders guilty of slavery?
    5. Re:It's totally unacceptable by javamann · · Score: 1

      This from a guy posting as "Anonymous Coward"

    6. Re:It's totally unacceptable by javamann · · Score: 1

      "Everyone else is doing it." That is an excuse my kids use

  10. The question was loaded, and STILL... by meringuoid · · Score: 5, Insightful
    Forty-seven percent of those polled responded they they did not support 'wiretapping in order to reduce the threat of terrorism'."

    Notice that the question isn't about 'wiretapping whomever the president decides he doesn't like' or even about 'wiretapping without appropriate judicial oversight'. It's 'wiretapping in order to reduce the threat of terrorism'.

    So, even with a question that implicitly assumes that the president is telling the truth and that there is no malign intent here, and that actually raises the Terrorist Bogeyman in its wording, STILL nearly half of respondents didn't support it.

    I'm actually feeling quite positive here. Not only are people waking up to the bullshit that's being done in their name, they're seeing through the trick poll questions too...

    --
    Real Daleks don't climb stairs - they level the building.
    1. Re:The question was loaded, and STILL... by isa-kuruption · · Score: 5, Insightful
      Actually, if you click the little link for the graphic that actually shows the questions asked, the actual question was:

      After 9/11, President Bush authorized government wiretaps on some phone calls in the U.S. without getting court warrants, saying it was necessary to reduce the threat of terrorism. Do you approve or disapprove of this?


      The only logical conclusion, now, is that the NYTimes are inaccurately reporting their own polls. Heck, they inaccurately report a lot of things, why not their own polls.

      Not to mention, the poll questions do not reflect reality, or at least do not fully represent the actual usage of the wiretaps. The poll question should have been:

      After 9/11, President Bush authorized government wiretaps on some phone calls between the U.S. and specific foreign countries without getting court warrants, saying it was necessary to reduce the threat of terrorism. Do you approve or disapprove of this?


      That would be more accurate, as the truth is that even according to the original NY Times article, this is what the wiretaps were used for. In seems that has graduated to "domestic wiretapping" for the NY Times, Clinto News Network (CNN), etc. It does not represent reality.
    2. Re:The question was loaded, and STILL... by TedCheshireAcad · · Score: 1

      Yes, a conservative on slashdot CAN have an Excellent karma!

      Excellent-karma conservatives, unite! ;-)

    3. Re:The question was loaded, and STILL... by Anonymous Coward · · Score: 0

      That would be more accurate, as the truth is that even according to the original NY Times article, this is what the wiretaps were used for. In seems that has graduated to "domestic wiretapping" for the NY Times, Clinto News Network (CNN), etc. It does not represent reality.

      Except that various TLAs that engage in these activities have admitted that there have been "accidents" and "errors" at various times in the past and present. Wrong numbers get tapped. Wiretaps get misused. Yet there appears to be no procedure in place for correcting most of these mistakes (except for the occasional fine for FBI agents caught on insider trading charges), and very little in the way of improving quality of service so that the mistakes don't happen again. After all, every hour an agent spends listening to Billy Bob's phone sex is an hour they're not spending on deciphering middle eastern gibberish. This is what my tax money is going to? This is going to "protect" us?

    4. Re:The question was loaded, and STILL... by mosch · · Score: 1

      n some phone calls between the U.S. and specific foreign countries without getting court warrants,

      There's no evidence that it only happened between the U.S. and specific foreign countries, so that would actually be less accurate.

      But thanks for the reminder that Republicans are all disingenous fucks, who believe that their desired ends justify their incredibly unamerican means.

    5. Re:The question was loaded, and STILL... by Anonymous Coward · · Score: 0

      Actually, under the idea of 'innocent until proven guilty', that until you know for sure that these wiretaps included domestic-only calls, you cannot assume that they have.

      If you want to start assuming things, I can assume that you molest young children... because I don't have any proof you don't... and we haven't investigated whether it's false.

      See how that works? It doesn't!

    6. Re:The question was loaded, and STILL... by thatguywhoiam · · Score: 1
      After 9/11, President Bush authorized government wiretaps on some phone calls between the U.S. and specific foreign countries without getting court warrants, saying it was necessary to reduce the threat of terrorism. Do you approve or disapprove of this?

      That would be more accurate, as the truth is that even according to the original NY Times article, this is what the wiretaps were used for. In seems that has graduated to "domestic wiretapping" for the NY Times, Clinto News Network (CNN), etc. It does not represent reality.

      There are two problems with this. First, if Bush was actually monitoring calls between international suspects and domestic civilians, we would not be having this conversation. They would issue a mea culpa, FISA would admonish them and we probably wouldn't hear anything about it. He doesn't need to dodge the FISA courts to do this, so why did he dodge them if it was all above-board? There's just no good reason at all.

      Secondly, we have no proof of what the calls actually were, i.e. to and from whom, either way. The NSA won't ever let that info out willingly. So to assert that it must be innocent is disingenuous.

      We have reason to believe it is in fact illegal wiretapping since what the NSA claims to have been doing was above-board and covered by FISA. And yet they dodged it. Why?

      --
      If Jesus wants me it knows where to find me.
    7. Re:The question was loaded, and STILL... by KefabiMe · · Score: 1

      That would be more accurate, as the truth is that even according to the original NY Times article, this is what the wiretaps were used for. In seems that has graduated to "domestic wiretapping" for the NY Times, Clinto News Network (CNN), etc. It does not represent reality.

      Any time an American citizen is wiretapped, it doesn't matter who is on the other end of the line, it is "domestic wiretapping".

    8. Re:The question was loaded, and STILL... by greg_barton · · Score: 1

      That would be more accurate, as the truth is that even according to the original NY Times article, this is what the wiretaps were used for.

      And you completely believe the president when he says this?

      If so, why?

    9. Re:The question was loaded, and STILL... by Procrastin8er · · Score: 0

      I think it is safe to say you can ignore any ./ post that begins with "in the NYTimes"...you can be sure of only one thing, bullshit to follow.

      --
      Slashdot - Where the slash is most definitely to the left.
    10. Re:The question was loaded, and STILL... by mpe · · Score: 1

      Notice that the question isn't about 'wiretapping whomever the president decides he doesn't like' or even about 'wiretapping without appropriate judicial oversight'. It's 'wiretapping in order to reduce the threat of terrorism'.

      Whichever, there is unlikely to be much effort put into protecting anyone from terrorists the US President approves of. (Even if the US Government does not provide them with actual support.)

  11. Hitler justified what he was doing by Jim+in+Buffalo · · Score: 1

    Hitler justified what he was doing in the name of "fighting communist terrorism" that he claimed was headquartered in Poland.

    Invoking the word "terrorism" to deflect criticism is only making Bush look more and more detached and cynical, in my view.

    --
    This sig, aah-ah, is comin' like a ghost-sig...
    1. Re:Hitler justified what he was doing by Eightyford · · Score: 1

      I can't help but see the similarities between Mccarthyism and the Salem witch trials wither. The government needs a boogeyman.

      It's easy for me to say that drunk driving has killed way more people than terrorism in the last 10 years, but honestly, I wasn't at ground zero, and something like that must have really messed with a lot of people's minds.

    2. Re:Hitler justified what he was doing by meringuoid · · Score: 1
      Hitler justified what he was doing in the name of "fighting communist terrorism" that he claimed was headquartered in Poland.

      Did he? Poland wasn't even nominally a Communist state at the time, AFAIK. He justified his invasion because a good deal of Poland was land that had been taken from Germany at the end of the First World War.

      IIRC, Hitler's Communist terrorist was Matthias van der Lubbe, a Dutchman, who burned down the Reichstag. Conspiracy theories that it was Goering aside, Hitler did rapidly leap on the destruction of a major national landmark in order to whip up mass fear of terrorism, of the Bolshevism for which the terrorists stood, and to provide a pretext for the massive violations of civil rights that quickly followed.

      Not that anyone would behave that way these days, of course.

      --
      Real Daleks don't climb stairs - they level the building.
    3. Re:Hitler justified what he was doing by rts008 · · Score: 1

      "...wasn't at ground zero, and something like that must have really messed with a lot of people's minds."

      Uhmmmm....Thanks. I had not looked at this from the perspective you presented.
      I can now get a glimpse into some VERY frightened and insecure people.
      Let's look at this from GWB's Administration's point of view (not getting sidetracked by who is in office- bear with me): you (as in current administration) are in charge of and responsible for the security/well being of the nation....suddenly there are FREAKIN' airliners (full of your people no less) being used as "guided missles" against your cities and especially the Pentagon!
      This has to be serious to the Pres. and Admin. in office, I imagine even Kerry (if he was in office instead of GWB) would freak out! (note:not trying to start debate/flameware by implying Kerry would react the same or different)

      There are some interesting aspects here I had not considered, it seems very much what is called "fear biting" in veterinary medicine ... the dog that most often bites the vet tech or vet is the usually really friendly, small, active lapdog that "never even growled at anyone before". They find themselves in strange (thus frightening) circumstances, don't know what to expect, and suddenly bite the first object that comes in range.

      Anyway, again- thanks for a new (to me) viewpoint- I don't agree a lot of times with the way things seem to be going, but the better I can understand what is happening, the better I can help make needed changes- that goes for all of us (I hope!). :)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    4. Re:Hitler justified what he was doing by Darby · · Score: 1

      Let's look at this from GWB's Administration's point of view (not getting sidetracked by who is in office- bear with me): you (as in current administration) are in charge of and responsible for the security/well being of the nation....suddenly there are FREAKIN' airliners (full of your people no less) being used as "guided missles" against your cities and especially the Pentagon!

      You're leaving out a lot of the administration's perspective though.
      It's critical to keep in mind at all times when thinking about these people that their number one priority since even before the 2000 election was to find an excuse to invade Iraq no matter the consequences. They knew full well that they wouldn't be able to convince the American people to do it. In fact they stated flat out *in their own words* that they needed for some sort of "Pearl harbor" event to happen for them to get away with manipulating America into invading Iraq.
      They still have it all up on their website

      So while there is no reason to believe they were involved in the attacks, it is an absolute fact that they were overjoyed when it happened and that they went into overdrive to spin it as a cause to invade Iraq, who was uninvolved, as they had planned for years.
      So, while they probably were surprised the day it happened, they already had a contingency plan whose sole requirement to put into affect was the attacks.

      You really do need to read up on the people running your country if you really want to have any sort of rational perspective on them.

    5. Re:Hitler justified what he was doing by rts008 · · Score: 1

      I am fully aware of the Iraq agenda. I did not feel that was on "topic" for the discussion at hand.

      I was referring to GWB only because he is in office. What I am talking about is basic emotional response to a sudden catastrophic vulnerability exploit. Your response is seemingly intended as flamebait/troll, as I took pains to point out that anyone in the Administration of the day would be freaked and reeling from something like this.

      If you want to get back in the discussion, fine, I'm game...if you want to persist with turning it into your rant, well, piss off- I don't have time to waste on foolish crap.
      Good day :)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    6. Re:Hitler justified what he was doing by Darby · · Score: 1

      I was referring to GWB only because he is in office. What I am talking about is basic emotional response to a sudden catastrophic vulnerability exploit. Your response is seemingly intended as flamebait/troll, as I took pains to point out that anyone in the Administration of the day would be freaked and reeling from something like this.

      My point was that your point doesn't fly with the current administration since there is nothing better that could possibly have happened for their benefit, so it is not true that anyone would be reeling since they clearly weren't as evidenced by our current presence in Iraq.

      How you could possibly consider a statement of fact backed up by supporting documentation to be either flamebait or troll is beyond me, but to each their own.

  12. You can make this whole thing go away... by Lester67 · · Score: 1, Troll

    Just enlist a few members of Al Queda to start dialing wrong numbers. Then the NSA will be too busy tracking down who's who for the program to continue. :-)

    1. Re:You can make this whole thing go away... by Anonymous Coward · · Score: 0

      Spoken like a true terrorist. Some folks really do want the other side to win.

    2. Re:You can make this whole thing go away... by The+Angry+Mick · · Score: 1

      Probably a better way is to find out which U.S. businesses have been tapped.

      I'd be curious to see if the taps provided any "valuable" business data that was used to benefit a crony, or punish a rival.

      --

      I'm not tense. I'm just terribly, terribly, alert.

    3. Re:You can make this whole thing go away... by homerules · · Score: 1

      Your comment is the reason the wiretaping was done secretly, as more people know about the operation the likleyhood of the target of the operation knowing about it goes up. What I really don't understand about your comment is, why would you want al qaeda to have success in planning attacks?

    4. Re:You can make this whole thing go away... by Joseph_V · · Score: 1

      The phone companies log the length of the call as well. It would have to be a looong silence on the phone....

      "Asama.... i mean cHI, it Osama there"
      "uhh, no"
      "may I leave a message?"
      "I don't think so"
      "wow, you sound nice"
      "thanks, where are you calling from.."
      "uhhh, miami, I'm hanging with my homies on the west side"
      "miami is on the east side i thought"
      "why do you bomb my people!"
      "i've never even been to miami"
      "death to america fatboy!"
      *click

    5. Re:You can make this whole thing go away... by Lester67 · · Score: 1

      I'll reply to you... since two doors down an anonymous coward* took a shot at me as well...

      First let me quote my original post...

      ":-)"

      That means it's a joke... laugh. If I were a Slashdot higher up, I'd put a foot icon with it, although I suspect that wouldn't work in getting the point across.

      The even better part of this is the knee-jerk reaction you've taken to my joking comment. I actually think this program is a good idea. I have read some good comments so far that have made me go "hmmmmm", but so far the level of media scrutiny that this has received makes me pretty comfortable that it is being used exactly as they say it is being used. Unfortunately, the media is now playing fact with fantasy (as you'll see in other comments all over this thread) trying to muddy what is happening, with what they are "afraid" will, strictly because many Americans didn't give a sh!t when the story first broke.

  13. It's all in how you ask the question by Anonymous Coward · · Score: 0
    The key to poll results is to understand you can get any result you want if you jigger the question appropriately:

    "Would you be willing to have the government scan your phone calls IF IT WOULD CATCH BIN LADEN TOMORROW AND BRING WORLD PEACE? Yes, or no?"

    "Are you in favor of having a terrorist surveillance system in place, even without warrants?"

    "Do you feel the President should obey the law as he authorizes spying on Americans?"

    The results of question 1 will be very highly toward Yes. The results of question two will be shaded toward allowing "terrorists" to be surveilled. The results of question three will be Yes, of COURSE the President should obey the law.

  14. Pollees are MIA by digitaldc · · Score: 3, Funny

    "The telephone poll was conducted with 1,229 adults, starting Friday and ending Wednesday. Its margin of sampling error was plus or minus three percentage points."

    No word as to whether the people taking the poll were being eavesdropped on to find out their responses.
    In fact, noone has heard from any of them since, and no further information is available.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Pollees are MIA by Anonymous Coward · · Score: 0

      Actually it was me answering the phone 1229 times. I was trying to make it come out 50-50, but try keeping your answers straight after answering the same questions over and over from the same idiot pollster with my number on his speed dial. I wish to remain anonymous, so please dont' call!

  15. It goes without saying by MikeRT · · Score: 2, Insightful

    That "if you have nothing to hide, you have nothing to fear" coming from an American is naivete at best. Innocence has never been a defense against paranoid "officials." Stalin used to execute people at a whim for political reasons, even if they did everything they could to be good cogs in the machine.

    Bad governments have murdered more people than any other type of institution or any individual combined. It's amazing to me sometimes how so many Bush supporters can talk about tradition while disregarding history and regarding our founders' traditions and advise with open contempt.

    1. Re:It goes without saying by Anonymous Coward · · Score: 0

      I'm reporting you to Big Brother (HomeLand Security)

    2. Re:It goes without saying by WindBourne · · Score: 1

      In fact, most Americans are not thinking. As GWB says, these taps are only for Al-Qaeda and Possible Al-Qaeda. He implies that it is from America to overseas. That is foolish for Americans to think that is so. In fact, the network has to operate within our lands,so they were doing point-to-point communication between each other. Since they would be worried about the gov. tapping, they would be using pay phones, cell phones, etc. There is only one way for the gov. to see all of this, all the time.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:It goes without saying by TubeSteak · · Score: 1
      "if you have nothing to hide, you have nothing to fear"
      Not only is it naive, but it's a dishonest argument.

      The argument assumes that I don't have an explicit right to be secure from the government without due process.

      P.S. Due process involves the Judicial Branch of the gov't.
      --
      [Fuck Beta]
      o0t!
  16. Re:CNN by meringuoid · · Score: 1
    Our men and women in Iraq will be able to maintain and win the war for at least several more years

    Does anyone else think this strange? You win a war once, then you stop. Is it meaningful to say that you continue winning the war for several years? Surely if a war drags on for years, then for most of that time you weren't winning, in the usual sense of the word...

    --
    Real Daleks don't climb stairs - they level the building.
  17. got the karma to burn, so.... by JeanBaptiste · · Score: 1, Insightful

    I don't really understand what the big deal is.

    We have a terrorist group, Al-Qaeda, which has repeatedly stated they want to kill lots and lots of american civilians. One day about 4 years ago, they killed 3000 in a few minutes. This proves they're not just all talk, not just an imaginary threat.

    They have operatives working inside of the US. When they get phone calls from places like Morocco, Algeria, Syria, well.... I'd like for our government to know what the f they're discussing.

    This is not about Domestic->Domestic calls. Those will not be tapped (according to whats being discussed here anyways). This is about international calls (though that is barely discussed in the summary, likely for partisan reasons).

    meh. whether its legal or not, every administration since the telephone was invented would be guilty of this to some degree, if it should even be considered a crime. I obviously don't think it should be considering where the world is at to day, but as always, ymmv.

    1. Re:got the karma to burn, so.... by goldspider · · Score: 1

      I imagine your attitude would change significantly if you were hauled off to guantanamo as an "enemy combatant" for unwittingly having the wrong middle-eastern friend.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:got the karma to burn, so.... by sevenoverzero · · Score: 2, Insightful

      The big deal is that it is perfectly reasonable to devise a system of "terrorist surveilance" including judicial oversight.

      The big deal is that if the president can authorize torture, detainment of american citizens nullum habeas corpus, warrantless wiretapping of citizens, and torture by american troops, precisely where do his powers end?

      The big deal is that the "just trust us" theory behind the current administration's national security policy is unethical, undemocratic, and unamerican.

    3. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      Could you tell me what exactly an Al Qaeda is? I'm not playing dumb, I really don't know. For all I can tell, Al Qaeda is simply a term that western political leaders or intelligence analysts invented so they could oversimplify a bunch of un- or loosely connected 'terrorist' groups into one big enemy.

    4. Re:got the karma to burn, so.... by SilverspurG · · Score: 1

      Shush. If you keep on like that you'll let the cat out of the bag and then the "terrorists" will take over the world and we'll all live in Guatanamo.

      The agents will be by your house shortly.

      --
      fast as fast can be. you'll never catch me.
    5. Re:got the karma to burn, so.... by Bodysurf · · Score: 4, Insightful

      "I don't really understand what the big deal is.

      [...]

      This is not about Domestic->Domestic calls. Those will not be tapped (according to whats being discussed here anyways). This is about international calls (though that is barely discussed in the summary, likely for partisan reasons).

      Without judicial oversite and checks and balances, you don't know this.

      It's like the same doublespeak Bush used when he said a year ago that under the Patriot Act wiretaps require a court order ("In other words, the government can't move on wiretaps or roving wiretaps without getting a court order."), and how he says these wiretaps are different ("I was talking about roving wiretaps, I believe, involving the Patriot Act," he said. "This is different from the NSA program.")

      It's the same doublespeak Clinton used when he said "I never had sex with that woman" and then was confronted with proof he got a blow job from Monica Lewinski -- i.e., Sex = sexual intercourse, not ORAL SEX.

      The lawyers on all sides will stretch the truth and mix words to make you believe something that really isn't true.

    6. Re:got the karma to burn, so.... by JeanBaptiste · · Score: 1

      I imagine it would too.

      However, that is not what is being discussed here.

      But just to go off topic a bit, you are aware there are 510 people in Guantanamo, and the majority of those are from foreign countries. A little bit of googling and I cannot find any records of American civilians being held there. Maybe there are some there, if there are its a very small number.

      Point being that is extremely unlikely for you to get 'shipped off to Guantanamo for having the wrong middle eastern friend'. I have a friend from Morocco and he was interviewed quite a bit after 9/11. He fits the profile of a terrorist quite well, but I'm pretty sure he's not. The FBI came to the same conclusion.

      Do you really _truly_ believe that American citizens are being shipped off to Guantanamo for having the wrong middle eastern friends? If you could post some links that would be great.

      Cheers.

    7. Re:got the karma to burn, so.... by macsimcon · · Score: 1

      But why did those 3,000 people die? Did they die because the U.S. has been meddling in middle-eastern affairs for over half a century? Did they die because terrorist organizations can only wage war against the mightiest nation in history using guerilla tactics?

      Putting those questions aside, it doesn't bode well for the United States to claim that terrorists killed 3,000 innocent civilians while killing thousands of innocent civilians in Iraq, or engaging in torture, or invading sovereign (albeit unfriendly) nations who never attacked the United States. Do you see where I'm going here?

      We should defend ourselves, but we should do it in a fair manner or we risk looking to the world like a bogeyman. Who's next? Iran? Syria? North Korea? Just how many countries must we invade, and how many wars must we wage to achieve our goals of destroying terrorism? And what if it can't BE destroyed?

      Bush has broken the law. He could have applied for permission under FISA, and he didn't. We impeached Nixon for less (he eavesdropped on far fewer people). Bush has broken his oath, and engaged in treason against the United States. Impeachment is not enough. The people of the United States should hold him accountable, just as the Rosenbergs were.

    8. Re:got the karma to burn, so.... by Bucc5062 · · Score: 1

      I don't really understand what the big deal is.

      Until it happens to you? I guess it is no big deal if the police try to catch the thief who stole your neighbor's widescreen because hey, it doesn't effect me, it's not like the thief killed anyone.

      The big deal is that there laws that are meant to protect the citizens of this country. The law does not differentiate between ordinary citizens or idiots that may accepts calls from Al-Qaeda. The president is not above the law and he must answer to it as any American citizen must when they break the law. Just because past leaders did is not a valid argument to ignore the present actions of this leader.

      This is not about internation calls versus domestic calls. it is about due process, it is about working within the law so that we not only protect the citizens of this country, but we protect the basic tenents this country was founded on. I for one feel that this be strongly investigated to determine not if the president broke the law, but who else was culpable, and how far has this program gone in tapping into American citizens without 4th amendment protection.

      Consider also that if an American citizen was arrested because of these illegal wiretaps, the case could be dismissed because the Goverment had not filed the proper warrants.

      --
      Life is a great ride, the vehicle doesn't matter
    9. Re:got the karma to burn, so.... by scheming+daemons · · Score: 5, Insightful
      I don't really understand what the big deal is.

      Because you're framing the question incorrectly. You think it is about wiretapping.. it is not. It is about the executive branch bypassing the system of checks and balances.

      We have a terrorist group, Al-Qaeda, which has repeatedly stated they want to kill lots and lots of american civilians. One day about 4 years ago, they killed 3000 in a few minutes. This proves they're not just all talk, not just an imaginary threat.

      Absolutely. No argument. Also... not related to the discussion.

      They have operatives working inside of the US. When they get phone calls from places like Morocco, Algeria, Syria, well.... I'd like for our government to know what the f they're discussing.

      Me too. So would most of us. Still not related to the discussion.

      This is not about Domestic->Domestic calls. Those will not be tapped (according to whats being discussed here anyways). This is about international calls (though that is barely discussed in the summary, likely for partisan reasons).

      You have no idea if it is only Domestic->International calls. Since they bypassed the FISA court, nobody knows but them. The difference is that you, mostly for partisan reasons, trust them when they say the wiretaps weren't for Domestic->Domestic calls. And make no mistake, all you have is blind trust, because since they bypassed the FISA review process there is no way for us to tell for sure. You trust this administration implicitly, I do not. But let me ask you this, and please be honest in your answers.... would you implicitly trust a Democrat President in the same circumstances? Would you have trusted Clinton?

      If a practice requires that we trust the government, without oversight, then we rely on it only working well if someone trustworthy is running the government. Regardless of what you think of George Bush... even if you think he is the most trustworthy President in history... he won't always be President. That's where you have to put your partisanship aside and think about whether you would be ok with a practice if it were being done by a President you don't trust.

      meh. whether its legal or not, every administration since the telephone was invented would be guilty of this to some degree, if it should even be considered a crime.

      "Everyone does it" is the weakest possible defense. Past Presidents breaking the law in no way excuses current Presidents breaking the law.

      I obviously don't think it should be considering where the world is at to day, but as always, ymmv.

      There is always a major threat to our way of life... where the "world is at today" is no scarier a place than when we all feared nuclear annihilation at the hands of the Soviets. There is always a threat.. there is always pressures that make some, like yourself (who don't have the insight to look at the bigger picture), willing to give up everything that actually makes us Americans.. makes us "this grand experiment".. just so you won't have to worry about the boogie-man anymore.

      Freedom is more important than security . Some of our states have mottos like "Live Free or Die" and "Freedom First"... these aren't just hollow words. They speak to us today, if you'd only listen.

      Our founding fathers said things like "Give me liberty or give me death" and "those that would sacrifice essential liberty for temporary security deserve neither and will lose both" (not exact quote, paraphrasing). Those aren't just lofty ideals... they are what makes America unique.

      You're willing to let those ideals become empty slogans, just so you won't have to watch another terrorist attack like 9/11. The Osama bin Ladens of the world have already defeated you... you're cowering in fear and willing to let your country change in order to better "protect" you.... but they haven't defeated some of us yet.

      One more... "the only thing we have to fear is fear itself." You have succumbed to the fear, my friend.

      ...and your President is taking full advantage of you in that respect.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    10. Re:got the karma to burn, so.... by Kohath · · Score: 1

      The big deal is that it is perfectly reasonable to devise a system of "terrorist surveilance" including judicial oversight.

      Please devise such a system then. And get it passed through congress and signed into law (or adopted as a constitutional amendment, since it probably violates seperation of powers). Then get back to us.

      Meanwhile, there's a responsibility to protect the USA from terrorist attacks.

    11. Re:got the karma to burn, so.... by JeanBaptiste · · Score: 1

      Oh I really don't think I've succumbed to fear.

      I don't think its at all unreasonable to stop a burglar from intruding into your home, and I don't think its unreasonable to stop a terrorist from killing thousands of civilians. It's not fear, its simple logic.

      As far as liberties go, yes I am well aware of what Patrick Henry had to say about it, I would submit to you that in every single war the US has ever engaged in, civil liberties were curtailed far more dramatically than in our current conflict. Abraham Lincoln suspended congress and was for a short time the only 'dictator' the US ever had. FDR curtailed liberties for far, far more people than will ever be passing through Guantanamo. Compared to wiretapping of INTERNATIONAL calls? (misleading headline in this story).

      I don't want the government spying on its populace. That isn't really what is happening here. We're spying on OTHER peoples populaces, and should they happen to call someone inside our borders, well so be it. And as far as checks and balances go, again I'm really not so concerned as there are far more checks today than there ever have been.

      I agree that many people are probably motivated by 'fear of terrists'. I'm not.

    12. Re:got the karma to burn, so.... by The+Angry+Mick · · Score: 1

      Beautifully said.

      --

      I'm not tense. I'm just terribly, terribly, alert.

    13. Re:got the karma to burn, so.... by goldspider · · Score: 1

      If there were, I doubt the public would hear much about it. That's the whole problem here: no public disclosure, all for the sake of maintaining national security.

      And it may very well not be taking place, I'll concede that. But the administrations record on what they're willing to do for the sake of "fighting terrorism" leaves me little doubt that they would.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    14. Re:got the karma to burn, so.... by sevenoverzero · · Score: 1

      What an apologistic cop-out. My point is that it wasn't even attempted. Also, the president won't even give us anything other than his word that this program has been protecting us from terrorists.

    15. Re:got the karma to burn, so.... by WindBourne · · Score: 1

      A little bit of googling and I cannot find any records of American civilians being held there. Odd. I had absolutely NO problem find that on the first query.

      Also, why do you think that the gov. is doing tapping on dom->internation only? OBL has proven hard to catch because he is intelligent (of course, we trained him and other in the 80's). He knows to not do calls. In fact, there are probably numerous networks operating within America who reguraly communicate with each other. I would imagine that the net is used by place embedding info with a pix. In addition, calls are happening between pay phones and new call phones with coded messages only (in english, "the sky is blue; the sky is blue; click"). There is only one way that tapping can be of use to the gov in the search for Al Qaeda. Otherwise, the taps are perfect for the patriot act, which allows the use of information gleaned while you are searching for terrorists.

      BTW, you do recall that hispanic gang that was brought down all over america recently, no?

      --
      I prefer the "u" in honour as it seems to be missing these days.
    16. Re:got the karma to burn, so.... by Kohath · · Score: 1

      But why did those 3,000 people die? Did they die because the U.S. has been meddling in middle-eastern affairs for over half a century? Did they die because terrorist organizations can only wage war against the mightiest nation in history using guerilla tactics?

      They died because someone killed them. Because they wanted to kill them.

      Putting those questions aside, it doesn't bode well for the United States to claim that terrorists killed 3,000 innocent civilians while killing thousands of innocent civilians in Iraq, or engaging in torture, or invading sovereign (albeit unfriendly) nations who never attacked the United States. Do you see where I'm going here?

      No. What are the practical consequenses of "it doesn't bode well"? Does it mean "I feel bad about it"? Why should we care?

      We should defend ourselves, but we should do it in a fair manner or we risk looking to the world like a bogeyman.

      Why should we care? Was the world going to do something helpful for the USA? When was that scheduled for?

      Who's next? Iran? Syria? North Korea? Just how many countries must we invade, and how many wars must we wage to achieve our goals of destroying terrorism? And what if it can't BE destroyed?

      The future is uncertain. Is that new to you? Are we worried about your feelings about an uncertain future? Why?

    17. Re:got the karma to burn, so.... by Kookus · · Score: 1

      Ask yourself this. How much communication do you think actually happens over the phone line via voice communication? We already know they have phone access, which can easily be changed into internet access. Why would a well coordinated group communicate via a medium that someone can eaves drop on when they can easily communicate via encrypted messages sent over the net?

      Actions like these may help, but they will not be a complete solution. So are you willing to give up your rights in the hopes that some terrorist makes a mistake and says something over the phone that may tip people in on what they're doing? A better statistic to know before making this decision would be to know how much help these wiretaps have actually been. I bet it's about as successful as someone leaving a bag of candy on the doorstep and saying please only take 1 on halloween night.

    18. Re:got the karma to burn, so.... by Kohath · · Score: 1

      What an apologistic cop-out. My point is that it wasn't even attempted.

      Why should it be? It's a lot of effort that doesn't actually accomplish anything useful.

      "Ok. The 3000 people died yesterday. I need to start a working group to devise a system of courts to oversee some new intelligence-gathering. Then we need to get a consistutional amendment passed. We need to get started now so we can start monitoring terrorist phone calls in 5 or 10 years.

      We could do it today and stop the next terrorist attack which could be coming at any time, but someone might complain about the lack of oversight."

    19. Re:got the karma to burn, so.... by Daniel+Dvorkin · · Score: 2, Insightful

      Please devise such a system then. And get it passed through congress and signed into law (or adopted as a constitutional amendment, since it probably violates seperation of powers). Then get back to us.

      Um ... we did. And Bush deliberately circumvented the system. That's the point.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    20. Re:got the karma to burn, so.... by Kohath · · Score: 1

      it is about due process

      It's about due process vs. the responsibility to protect the USA from terrorist attacks. You guys don't seem to be interested in the latter though.

      If I have the responsibility to protect the USA, I'm going to do what I can to accomplish that, right up to (but not over) the edge of what I can do legally. Because I'd have to be responsible to obey the law too.

      Any other course of action would be irresponsible.

    21. Re:got the karma to burn, so.... by Kohath · · Score: 0, Troll

      Um ... we did. And Bush deliberately circumvented the system. That's the point.

      Which constitutional amendment was that? The 53rd? I can never remember my imaginary constitional law.

    22. Re:got the karma to burn, so.... by FungiFromYuggoth · · Score: 1

      They [Al-Qaeda] have operatives working inside of the US. When they get phone calls from places like Morocco, Algeria, Syria, well.... I'd like for our government to know what the f they're discussing.

      The NY Times has reported that thousands of leads per month were referred to the FBI by the NSA. Either that means that there are thousands and thousands of US citizens in communication with Al-Qaeda (which should be news) or it means this program is picking up a lot of innocent people.

      No one, and I mean nobody is disagreeing that the US government should be able to eavesdrop on terrorists. The issue is whether the USG has to meet any standard other than "members of the executive branch claim to have a reasonable believe this is so". Given that the FBI has in the past illegally spied on a first lady (Eleanor Roosevelt) and the American public did not find this out for decades, some skepticism is called for.

      meh. whether its legal or not, every administration since the telephone was invented would be guilty of this to some degree, if it should even be considered a crime.

      Um. Only the period since 1978 matters, since that was when the law was passed that made this a crime. (Although, arguably, the love songs of J. Edgar Hoover prove what happens when warrantless surveillance is A-OK.)

    23. Re:got the karma to burn, so.... by Fr05t · · Score: 1

      "I don't want the government spying on its populace. That isn't really what is happening here. We're spying on OTHER peoples populaces, and should they happen to call someone inside our borders, well so be it. And as far as checks and balances go, again I'm really not so concerned as there are far more checks today than there ever have been."

      Wow, you completely missed the point (or are just unwilling to hear it) of a well written comment. Your response only managed to reinforce the logic of comment you are replying to. *Sigh* If only I had saved a mod point :(

    24. Re:got the karma to burn, so.... by Guppy06 · · Score: 1

      "I don't really understand what the big deal is.

      We have a terrorist group, Al-Qaeda, which has repeatedly stated they want to kill lots and lots of american civilians."


      And I don't see what the big deal is with dealing with the FISA court. He's the fifth president to have to deal with them, you can get warrants ex post facto, and it's painfully rare that the court doesn't give them a warrant.

      The only possible explanation is that President Bush is trying to expand (excuse me, "restore") executive power and is using that attack you mentioned as a backdrop to play petty political games instead of, you know, finding bin Laden.

      It's not like he couldn't have gotten warrantless wiretaps thrown in with the USA PATRIOT Act. There's precious little the 107th Congress wouldn't have given him.

      "When they get phone calls from places like Morocco, Algeria, Syria, well.... I'd like for our government to know what the f they're discussing."

      Red herring. Incoming calls are fair game and always have been. FISA only need be involved in outgoing calls, but President Bush couldn't manage even that much.

      "Those will not be tapped (according to whats being discussed here anyways). This is about international calls (though that is barely discussed in the summary, likely for partisan reasons)."

      So long as those calls are being made by a citizen of the United States within the United States, the Constitution must apply. We already have too many places where it does not apply (Guantanamo comes to mind), but when it doesn't apply to citizens within the Union proper, the document becomes completely worthless.

      "every administration since the telephone was invented would be guilty of this to some degree,"

      So? If the statute of limitations hasn't expired, bring them before a federal court. "Unless somebody else got away with it" is not a phrase that appears in the Constitution.

      "I obviously don't think it should be considering where the world is at to day, but as always, ymmv."

      So you don't think it's hypocritical for us to be running around creating new "constitutional republics" when we have so much trouble abiding by our own constitution?

    25. Re:got the karma to burn, so.... by thatshortkid · · Score: 1

      FISA, dumbass.

      Gonzales' defense was that it was too much of a PIA to try to get a warrant. And this is the Attorney General, for fuck's sake.

      --
      The IRS is the one organization that you don't want to fuck with. Remember, these are the guys who took down Al Capone.
    26. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0
      This about your argument for a few minutes. Lets start with 2 assumptions.

      there are terrorists calling operatives in the US
      there are terrorists calling other terrorists in the US

      Now, say you work in the NSA. What kind of monitoring would you need to do? If the current administration has given NSA the green light to monitor terrorists, it means monitoring international and domestic calls. Forget all the political BS for a few minutes and think about the practical application of wire taps and how one would go about making sure they get as much information as possible.

      Now, lets assume your an NSA agent and you need to monitor just international calls. How would you go about doing that? Given a terrorist is determined and will do things like switch phones, encrypt the call, and use VIOP, how can you make sure you get all the information? The answer to that is monitor all international calls and international IP traffic. Simply wire tapping a single phone number isn't going to cut it. That means as a NSA agent, you'd need some super smart system to filter all international calls in real-time, or you'd have to save all those calls and process it offline. This would mean you would be breaking the law by doing the job given to you by the president.

    27. Re:got the karma to burn, so.... by macsimcon · · Score: 1

      We should care because we are not alone on this planet. We have the largest economy, and the largest military, so we could always conquer the rest of the planet and force them to do our bidding. In such a world, terrorism against us would run rampant. We would be the enemy of hundreds of countries around the world. I figure that's the worst-case scenario.

      By alienating other nations, and by attacking those nations without justification or provocation, we would engender ever-increasing terrorist attacks, because those nations can only fight us using those tactics. They don't have submarine or bomber fleets, or in most cases, even nuclear weapons. Their only tactic available is the one we can't defend against: terrorism.

      You should care because you, or someone you care about, could end up dead because our government takes an increasingly hostile view of the world, and engenders more hatred and malevolence from those we attack. Peace is in everyone's best interest. Violence only ends badly for everyone, with lots of deaths, lots of destruction, and no end in sight.

      I wouldn't have any problem with Bush acquiescing to Bin Laden's demand: get out of the middle east. OK, sure. We'll leave, but only with a very public truce with AQ: your future is completely in your hands. Leave us alone, and we'll leave you alone. However, if the United States gets attacked, even once, whether you're at fault or not, we'll use our nuclear arsenal to lay waste to the entire middle east, without pause for who started what, or who is responsible for the attack. In other words, keep your people in line, and everything will be fine..

      Or, maybe it's not that simple. What would happen? We'd eventually get attacked by someone who didn't agree with Bin Laden's truce with us, and we'd have to destroy the middle east, spreading radiation all over the world, killing them and us, one rad at a time. See? The violence won't solve the problem. There are greater motivations at work here than "they hate us for our freedom" or "they hate us for our way of life."

      We need to find out what those are so we can address them. Bin Laden is an extremist, and most Muslims aren't. So what's their beef with us? What is the real reason that otherwise moderate Muslims smile just a little when the U.S. gets attacked? What's the real reason they hate us, and how can we negotiate a peace that works for them and for us long-term?

      You should care if you want to live in a world where you don't have to fear for your life all the time.

    28. Re:got the karma to burn, so.... by Big_Al_B · · Score: 2, Informative

      So...what exactly is wrong with the current law, FISA?

      Is the capability to instantly begin tapping with 72 hours to get a retroactive judicially-reviewed warrant--from a rubberstamp court no less--an insuffient solution for addressing terrorist threats?

      If so, then wouldn't it be better for the executive branch to request some changes to that law than to disregard it?

      I mean, shouldn't the folks who are chartered to *enforce* laws also *obey* laws? Or do the ends always justify the means?

    29. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0


      It's interesting that you brought up Clinton, as he did authorize warrantless searches. Aldrich Ames was caught thanks to completely secret warrantless searches conducted on his property. Shortly after this Clinton expanded the program to cover purely domestic matters.

      The interesting thing to me isn't whether someone would defend Clinton's program as well as Bush's, it's why didn't Clinton's program generate this much controversy? You act like the parent poster is a partisan when it's very clear that things like this are really only a huge national crisis infringing on our human rights whenever there's a republican in the white house.

    30. Re:got the karma to burn, so.... by Intangion · · Score: 1
      We have a terrorist group, Al-Qaeda, which has repeatedly stated they want to kill lots and lots of american civilians. One day about 4 years ago, they killed 3000 in a few minutes. This proves they're not just all talk, not just an imaginary threat.


      what proof do you have to support that?
      the fake terrorists (half of which are still alive in well even after crashing the planes they were on into buildings?)

      or the fake tapes of bin laden (which is clearly not him..)

      or the official statements from our government which further their agenda and arent backed up by any facts whatsoever
    31. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Lots of stuff here. Not much of it practical. Please explain the historical effectiveness of these schemes. When did they work? When did one nation acting peaceful make their enemy stop attacking?

      See, everyone wishes you were right. But you're not.

      And I'm still waiting to hear about the big gift the world was going to give the USA if we'd only be more like France. What's our reward?

      If it's "fewer terrorist attacks", I think I'll stick to supporting a policy that involves killing terrorists while helping friendly nations.

    32. Re:got the karma to burn, so.... by phoenix.bam! · · Score: 0, Flamebait

      Dear Msr. Smith

      I'm Sorry your family died in that terrorist attack. We could have easily prevented it if we stripped away this nations civil liberties and freedom. While I feel every individual, painful loss in these trying times and wish they could have been prevented in a reasonable way, I am sure you understand that to take away the freedom of the people of our great nation would be a much greater crime.

      Please accept my condolences and understand that justice will be brought to the peopole responsible for these attack. Justice will be brought, and it will be done within the confines of the laws that govern this nation and it will be brought without the loss of the freedom or liberty which make this country great.

      Thank you,
      President Sensibility.

    33. Re:got the karma to burn, so.... by jackbird · · Score: 1
      Dear President Feingold,

      Given that your predecessor proved himself completely unable to prevent attacks that were known about well in advance through legal means, unable to catch the terrorist leadership regardless of the legality of the means, and gutted many of the real counterterrorism capabilities of our country in the name of feel-good boondoggles, don't be so hard on yourself.

      Warm Regards,
      Mrs. Smith

    34. Re:got the karma to burn, so.... by SilverspurG · · Score: 1

      That's complete crap. Had they really wanted to prevent the 9/11 attacks they would've dropped their passive-aggressive stance against governments across the world decades ago.

      If you repeatedly pinch someone in the arm, for decades, after they've repeatedly asked you politely to stop... Why are you so surprised when they turn around and break your jaw? That's blatantly passive-aggressive. "Oh, we're just pinching you in the arm for your own good. It's to make sure you're still alive and cooperating with us. We're just checking on you." You know what? The people who died on 9/11 didn't ask for it--but the Federal Government of the US sure as hell did.

      My word you're dense. You have no concept of what your government is doing outside of what you can read in the newspaper or watch on television.

      --
      fast as fast can be. you'll never catch me.
    35. Re:got the karma to burn, so.... by scheming+daemons · · Score: 1
      Dear Mrs. Smith,

      I'm sorry your family died in that terrorist attack. We could easily have found out about it and prevented it, but not without bypassing the system of checks and balances. We decided to work within the system. I'm sure your dead children would agree that we did the right thing.

      Warmest regards,

      President Russ Feingold

      The point is.. they can easily do the same thing... the EXACT same thing.. working within the system.

      It's a straw man argument... they can perform the exact same level of espionage without breaking the law.

      Because warrants can be obtained up to 72 hours after the fact, there is no "speed" or "imminent threat" issue.

      The only reason to bypass the FISA process is because they felt that FISA would reject some of their requests. The only reason FISA would reject some of their requests is if the requests were not just for spying on terrorists.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    36. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Because warrants can be obtained up to 72 hours after the fact, there is no "speed" or "imminent threat" issue.

      Wrong. You don't understand what a warrant is, and you don't know what the process is.

    37. Re:got the karma to burn, so.... by DavidTC · · Score: 1
      The level of ignorance in this converstation is astonishing. It's like we've suddenly been hit with an influx of time travellers from December 2001.

      Jose Padilla, you fucktard.

      The Administration finally arrested him instead of getting slapped down by the Supreme Court. But they assert they have the right to do that to other Americans...and they're putting Alito on the bench so when they do end up there, they'll win.

      And, FYI, when you go back, the Patriots won the Super Bowl in 2002, 2004, and 2005. I want a fifty/fifty split.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    38. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Had they really wanted to prevent the 9/11 attacks they would've dropped their passive-aggressive stance against governments across the world decades ago.

      Who is this they that could have done this thing decades ago?

    39. Re:got the karma to burn, so.... by Big_Al_B · · Score: 1

      I don't really understand what the big deal is.

      [sigh] Let me join the pigpile then.

      We have a terrorist group, Al-Qaeda...I'd like for our government to know what the f they're discussing.

      Sure. *EVERYONE* wants to know what the f Al-Qaeda is discussing. Of course! That's *exactly* why the FISA exists; to allow the executive branch to *instantly* start tapping communications between suspected foreign threats and US citizens.

      Tap now, get warrant 72 hours later. All legal. Nice, eh?

      So, the question becomes, why not obey that law?

      This is not about Domestic->Domestic calls. Those will not be tapped (according to whats being discussed here anyways). This is about international calls (though that is barely discussed in the summary, likely for partisan reasons).

      Without court--or any--oversight, how do you or I know this is true? "We're the government. Trust us?" Mm'k.

      meh...I obviously don't think it should be considering where the world is at to day, but as always, ymmv

      You don't think the President, who swore an oath of office to protect the Constitution--should obey the Bill of Rights? Why not? Terrorists are threatening us because "they hate our freedom?" Ironic.

    40. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      Wrong. You don't understand what a warrant is, and you don't know what the process is.

      If he's wrong, then tell us why! Otherwise, I agree with him 100% and you don't know what your talking about!

    41. Re:got the karma to burn, so.... by Qzukk · · Score: 1

      The 9/11 commission confirmed that both Clinton and Bush administrations had the information that would have allowed them to take down al Qaeda at any time for years before 9/11.

      "They" is the not so recent trend of presidents, each shittier than the last, pointing at the sins of their predecessors to defend their own.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    42. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Is the capability to instantly begin tapping with 72 hours to get a retroactive judicially-reviewed warrant--from a rubberstamp court no less--an insuffient solution for addressing terrorist threats?

      Yes.

      If so, then wouldn't it be better for the executive branch to request some changes to that law than to disregard it?

      No. There's a responsibility to prevent terror attacks, which means you have to act now, not wait months or years to get a law passed -- a law that your legal advisors tell you isn't even necessary.

      They concluded that their actions were within the law. That's the last word until there's a ruling otherwise. We'll see if that happens. I'm betting they'll be proven correct.

    43. Re:got the karma to burn, so.... by UdoKeir · · Score: 1

      I'm finding that's happening a lot with regards to this subject. People are either too stupid to see the argument, or are ignoring it because they know they're wrong.

    44. Re:got the karma to burn, so.... by Yunzil · · Score: 1

      I don't think its at all unreasonable to stop a burglar from intruding into your home, and I don't think its unreasonable to stop a terrorist from killing thousands of civilians.

      You're missing the point. Everyone will agree with you that it's not unreasonable to stop terrorists. The argument is that it IS unreasonable to circumvent all the rules and laws that we say we honor and cherish to do so.

      I would submit to you that in every single war the US has ever engaged in, civil liberties were curtailed far more dramatically than in our current conflict. Abraham Lincoln suspended congress and was for a short time the only 'dictator' the US ever had. FDR curtailed liberties for far, far more people than will ever be passing through Guantanamo.

      First, I don't care who's done it in the past. It's still not right. Second, just because the administration says we're in a "War on Terror" doesn't make it a "real" war. The War on Terror is no more a war than the War of Drugs, or the War on Poverty. Third, even if it was a real war, can you tell me when will it be over?

      We're spying on OTHER peoples populaces, and should they happen to call someone inside our borders, well so be it.

      Um. If the person in the other country calls someone in the US, and the government listens in, then the government IS spying on a member of its own populace.

      I agree that many people are probably motivated by 'fear of terrists'. I'm not.

      Then how do you rationalize playing fast and loose with the law in order to try to find the terrists?

    45. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      I don't think its at all unreasonable to stop a burglar from intruding into your home,

      but you do think it is unreasonable to give me the keys to your home and the power to enter it in order to "protect" you from the burglar, right?

      iow, it isn't the goal that is the proble, it is the means to achieve the goal.

      for example, if your home was taken from you, you wouldn't have to worry about someone burglaring it, right?

      i find your argument weak and not very well thought out - which should be even more obvious given the examples in this post.

    46. Re:got the karma to burn, so.... by DavidTC · · Score: 1
      You're exactly right about the framing. Here's the real one, framed like a school test:

      1. When the president wiretaps suspected terrorists, should he:
      a) have to go to the secret courts set up for this, within three days, and inform them of this fact, as the law requires,
      b)be allowed secretly to break that law and have no one know who's he's decided to wiretap?

      2. If you answered b to 1, what other laws should the president have the authority to break? (Explicitly state whether or not prejury is in there.)

      3. If you listed any laws in 2, would the president have to follow a law limiting the laws he can break to those laws? Why or why not?

      4. If you didn't list any laws in 2, why would he be able breaking FISA? Please explain.

      5. If you answered a to 1, what should the president do when he needs to do something not allowed under law? Select all that apply.

      a) Ask congress for a law.
      b) Ask the american people to demand congress give him one.
      c) Something else. Explain.

      My answers:
      1. a
      5. a, b, and c. c: In extrodinary circumstances, I think it is okay for someone to openly break the law, and then throw himself onto the mercy of the jury deciding his fate.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    47. Re:got the karma to burn, so.... by Daniel+Dvorkin · · Score: 1

      The law in question is FISA, modified but not repealed by the PATRIOT Act. There was no constitutional amendment, because none was needed. I suspect you know this perfectly well, and are just trolling, but on the off-chance you're honestly as pig-ignorant as you appear to be -- well, now you're not, and have no excuse.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    48. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Congress can't just take away (or even limit) a constitutional power from the executive. Anything in FISA that does that is unconstitutional.

      The power in question is the war-making power, which the constitution grants to the executive branch. FISA can't limit that.

    49. Re:got the karma to burn, so.... by Big_Al_B · · Score: 1

      Yes.

      Mm'k. How?

      No. There's a responsibility to prevent terrorist attacks...

      The executive branch is explicitly responsible, actually under oath, to uphold the Constitution. Which is more critical to the survival of our way of life?

      They concluded that their actions were within the law.

      So their conclusions should not be reviewed by other branches of government and oversight is unnecessary and inappropriate? If they say it's okay, then it's okay? There is a "balance of power" for a reason, or is there?

    50. Re:got the karma to burn, so.... by Jumper99 · · Score: 0

      So long as those calls are being made by a citizen of the United States within the United States, the Constitution must apply. We already have too many places where it does not apply (Guantanamo comes to mind),

      So maybe you can explain to me exactly how our constitution applies to a non-citizen? Seriously, I've been wondering about this. If someone is picked up fighting for Al Queda, they are not technically a foreign soldier. They fight under no country's flag, wear no uniform, swear allegiance to no head of state. Under the Geneva convention, what category do they fall under? The answer is none. So if they are foreign nationals our Constitution does not apply. Obviously the Geneva convention does not apply. So what sort of obligation are we under to provide them with lawyers and such?

      --
      The opinions expressed here are not mine, but those of these dang voices in my head.
    51. Re:got the karma to burn, so.... by Guppy06 · · Score: 1
      "So if they are foreign nationals our Constitution does not apply."

      Even illegal aliens are required to be told their "Miranda" rights.

      Generally speaking, the constitution only says "the people" and little about "these people vs. those people."

      "So what sort of obligation are we under to provide them with lawyers and such?"

      At least a moral obligation, lest we commit some of the very same grievances we accused King George and his Parliament of in the Declaration of Independence, such as
      He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislaton:

      For depriving us, in many Cases, of the Benefits of Trial by Jury:

      For transporting us beyond the Seas to be tried for pretended Offences:
    52. Re:got the karma to burn, so.... by randyflood · · Score: 1

      Dear Mr. Anonymous Coward,

      By posting a political view that is against that of the current administration, you have been identified as a terrorist sympathizer. Hence, you are no longer anonymous.

      Do you trust the executive branch to not do this? Nixon performed wiretaps on reporters that wrote stories that he didn't like. That was one of the reasons he was impeached.

      Sorry for your loss of freedom, but we have decided to go back to the system of having Kings that are above the law...

      Sincerely,

      Randy

      --
      Randy.Flood@RHCE2B.COM
    53. Re:got the karma to burn, so.... by Manchot · · Score: 1

      In Clinton's testimony for which he was perjured, the judge decided that the definition of sexual relations was as follows:

      For the purposes of this deposition, a person engages in sexual relations when the person knowingly engages in or causes: 1. Contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person

      By this definition, Clinton did not engage in sexual relations (because he only touched the mouth), but Monica did.

    54. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      You're full of shit. Why not grace us with this knowledge you have.

    55. Re:got the karma to burn, so.... by durkster · · Score: 1

      "We could have easily prevented it if we stripped away this nations civil liberties and freedom." --

      What you should have said to reflect our reality ( lets assume the president lied about knowing he needed the FISA warrants but doing without them anyway) is :

      "we couldnt even be bothered getting retroactive wiretap FISA warrants , and as we couldnt be bothered we just kept to within the authority granted to us"

      In other words : They would be lazy sacks of turds.

      I think the truth today is closer to a mix of some random and some targetted taps,

      Some of which may turn out to have nothing to do with the 'war on terrorism' and would never meet the standard for FISA unless some 'manufactured' supporting reasons were given.

      That would work out to be a whole lot more work as they wouldn't want to ask for a warrant and be turned down flat due to the reasons backing up the request being assessed as having not enough basis to permit the issuance under the guidelines they have.

      The guidelines to approval are probably very broad , you normally wouldn't go get this stuff without a very perceived need.

      But that is still a lot of work to mock up infromation backing up request for a warrant and a lot of constant lying, thats got to be hard work even for a G-man.

      I imagine they may have tapped some ' peace groups '

      ( mothers for peace are probably labelled by gmen as -Antiwar 'terrorists' - )

      and of course the dreaded 'journalists' :

      ( pretty much anyone who isnt from Fox news and who asks hard questions and may have spoken with someone whose brother once worked at the pentagon or knew someone who once met someone from al jazzera [sp] once, probably labelled as 'unpatriotic' / treasonous ( esp if they question newly expanded executive powers in this time of ''war'' ,/ ""liberal"" / 'terrorist' / sympathizer )

      Perhaps only time will reveal some of the truths as no elected representatives seem to want to ask the hard questions on this matter.

      Who was listened to ?
      For what reason ?
      How many people were listened in on ?
      Where are the results ?
      Who has access to this information and why do they ?
      How long will records exist ( rentention) ?
      When and how will someone be really able to find out about their own government secretly wiretapping them without a warrant ?
      Will they told why they were tapped and for how long ?
      Who has access to this information and why do they ?

      The last may seem 'unpatriotic' but this is the fundamental flaw in programs they devise as being justified by the need for more 'anti terrorism measures' they just morph into new three letter agency tools for usage against the general populace.

      Example: Patrotic act approved information gathering was used a while back in a criminal case in Nevada.

      Was this the intent of the Patriot act ?

      The intent is disguised , they never say just "give us more unchecked power to surveil the populace" based on the "we will only use this against the terrorists, honest" excuse, they alway say 'its for the bad guys only' but when they can't say anything about who they want to tap and why then something is starting to smell rotten.

      This sort of behaviour rapidly devolves down to being routinely used for criminal matters, corporate spying and of course domestic monitoring of that pesky political opposition.

      If this was old school corporate Japan some leaders ( the honest ones anyway) would be seen to at least contemplating hare-kare about now in an attempt to get out while the getting is good.

      Looking back at all those 'fighting for freedom' style stickers on car bumpers whilst our 1984'esque existence is created in front our eyes is somewhat ironic to put it mildly.

    56. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      I don't want the government spying on its populace. That isn't really what is happening here.

      You really are just too damn stupid to get the point, aren't you? You have no idea what is happening here. You have no way of knowing. You have nothing but blind trust and an ample supply of stupidity.

    57. Re:got the karma to burn, so.... by quarkscat · · Score: 1

      "I don't want the government spying on its populace. That isn't really what is happening here. We're spying on OTHER peoples populaces, and should they happen to call someone inside our borders, well so be it. And as far as checks and balances go, again I'm really not so concerned as there are far more checks today than there ever have been."

      Apparently, you have decided to take the blue pill, and have relinquished all personal responsibility for a citizen to remain well-informed and to think for him/her self. It shows. The government has, for many many years been involved in spying upon citizens of other countries -- the program is called ECHELON. There is a sort of "gentleman's club" agreement that the USA spies on the Brits (legal), the Brits spy on the USA, etc. The results are shared.
      Herbert Hoover's FBI was fully involved in domestic spying, for many years, which is how Hoover managed to stay head of the FBI for so many years -- he could blackmail any politician that threatened his hold on power. The FISA law was passed in 1978 in order to curtail further Executive Branch violations of privacy as had been exhibited by Nixon's wiretaps (and burglaries/break-ins). There is a panel of Federal judges that hold security clearances in order to provide "checks and balances" against a unitary executive branch.
      FISA court approval for wiretapping can be up to 72 hours AFTER such wiretapping occurs.
      Approval of such wiretapping is very nearly automatic, with very few instances refused. There is really only one reason to avoid FISA approval -- a program of wiretapping that is far broader than the publically stated "war against terror".
      The George W. Bush presidency has exercised an extremely broad definition of "terrorist", to include his political opponents, anti-war activists, journalists, etcetera. In point of fact, he clearly stated his emperial missive with the words "If you are not with me, then you are against me" (and, hence may also be considered terrorists.)
      The Bush regime has refused to testify under oath regarding the 9-11 Commission investigation (which he opposed), has refused to keep even Republicans in Congress apprised of pertinent information required in their Constitutional mandate of "advise and consent", has stonewalled regarding administration positions on torture, the RENDITION program, his administration's response to the Katrina disaster, and now his program of illegal domestic spying.
      Pray tell -- exactly in what manner has the George W. Bush administration NOT overridden the US Constitution, the US Bill of Rights, and the checks and balances between Executive, Legislative, and Judicial branches of our democratic republic? No regime has taken the USA so far down the path to emperial perogative since it's founding and the revolution against the last "King George". He needs to be impeached and tried for treason, and then turned over to the Hauge's International Criminal Court for war crimes and crimes against humanity.

    58. Re:got the karma to burn, so.... by Anonymous Coward · · Score: 0

      > If there were, I doubt the public would hear much about it. [...]

      You obviously have no clue, and have never served in the Military. Ever heard of the UCMJ? Do you even know what CID is? Or is it just the intermittent cable reception under your rock which filters out such well publicized Guantanamo stories like the whole Koran book ordeal. Now, just for humors sake, amuse me a bit and take a wild guess how something so personal as that is discoverable and extrapolate that with a much wider disclosure of American nationals living there. Wow. Leave the computer chair and pick up a newspaper for a change. I think you're the only one left in the dark here...

    59. Re:got the karma to burn, so.... by Kohath · · Score: 1

      So their conclusions should not be reviewed by other branches of government and oversight is unnecessary and inappropriate?

      I'm sure that will happen someday. Probably this year.

      Meanwhile, we have the safety benefit of hearing the content terrorist phone calls.

    60. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Is the capability to instantly begin tapping with 72 hours to get a retroactive judicially-reviewed warrant--from a rubberstamp court no less--an insuffient solution for addressing terrorist threats?

      Yes.

      Mm'k. How?

      Read your 4th Amendment. A warrant is for a known individual. You can't get a warrant to listen to "whoever".

      When terrorist calls whoever in the USA, you can't listen to that side of the conversation without a warrant. But you'll get one later, right? What if you never find out who "whoever" is? Then you can never get a warrant. But you already listened to the conversation. What's the purpose of getting a warrant after you listened to the conversation again?

      You can't get a warrant after the fact for something you couldn't get a warrant for beforehand.

      It's a ridiculous situation, and you know it (because it's obvious).

      We have a de-facto declaration of war. We're at war. Signals intelligence is part of fighting a war. The president is in charge of warmaking, and he's therefore empowered to conduct signals intelligence by Article 2.

      If you don't like it, go to court or call your congressman, or try to get a constitutional amendment passed.

    61. Re:got the karma to burn, so.... by Big_Al_B · · Score: 1

      we have the safety benefit of hearing the content terrorist phone calls.

      And, for the third f'ing time, the FISA doesn't allow this in what particular way(s)?

    62. Re:got the karma to burn, so.... by Kohath · · Score: 1

      And, for the third f'ing time, the FISA doesn't allow this in what particular way(s)?

      link

    63. Re:got the karma to burn, so.... by bigtrike · · Score: 1

      If bypassing the court is effective at stopping terrorist attacks, and "Clinton did it too", then why did it fail to prevent 9/11?

    64. Re:got the karma to burn, so.... by R3d+M3rcury · · Score: 1

      "[Al-Qaeda] have operatives working inside of the US. When they get phone calls from places like Morocco, Algeria, Syria, well.... I'd like for our government to know what the f they're discussing."

      Fair enough. I have no problem with this, necessarily, either.

      Where I have the problem is the Executive Branch deciding who is an Al-Qaeda operative.

      For example, suppose I have a friend in Saudi Arabia. He has a friend in Saudi Arabia as well. His friend's brother is believed by Saudi Arabia to be a terrorist because he does not like the Saudi Royal Family being in charge of the government and believes that Saudi Arabia should be a democracy (this is a threat to the Royal Family and, thus, makes him a terrorist in their eyes).

      So if my friend calls me, does that make me a terrorist suspect? After all, I have now have a "connection to a suspected terrorist." I have received a call from an area where terrorists exist. Does receiving a call from overseas automatically make me a terrorist suspect? And, as a terrorist suspect here in the US, the Patriot Act allows the government to search my apartment surreptitiously and copy all of the information on my computer. Let's say I also don't agree with the government's war on Iraq and I have various friends who also don't agree. Because their names are in my address book--which the government copied during a "Sneak and Peek" warrant, they can now be harassed by the government.

      This is one of those things that this administration is good at. I agree that if Osama bin Laden calls somebody in the US, the government should be listening in. That's the point that the administration is making and it's a good one. But they never qualify how they decide who these terrorists are--that's left purposefully vague. The extensions of other laws is also not mentioned. Obviously, if Osama bin Laden calls Joe Somebody here in the US, the government had better be investigating that guy, right?

      And this is where the line gets drawn. Should the government investigate 1000 innocent people to find 1 guilty one?

    65. Re:got the karma to burn, so.... by Big_Al_B · · Score: 1

      Ah, I see. At times of hardship, it's best to abandon your entire system of government and create an opaque dictatorship. Got it. Good luck with that then.

    66. Re:got the karma to burn, so.... by Kohath · · Score: 1
    67. Re:got the karma to burn, so.... by Bucc5062 · · Score: 1

      "If I have the responsibility to protect the USA, I'm going to do what I can to accomplish that, right up to (but not over) the edge of what I can do legally. Because I'd have to be responsible to obey the law too." But that is the point. I agree with the emphisis on legally. Nothing stopped this Administration from obtaining warrants, nothing stopped this Administration from getting warrants after the fact. Even with that broad spectrum of options the Administration chose to not even bother to try and work with the existing laws. Of course we should defend and protect, but that which we are also trying to protect is the rule of law. To ma, that is the purpsoe of our Goverment. When *it* feels that it can supercede without eventual oversight then We The People have truly lost control of those we intrust to protect us. If you feel that strongly about ensuring our protection then help Us get our goverment back by standing up and saying I do not accept lawless actions and support those who not only want to protect this country, but want to protect it's laws as well.

      --
      Life is a great ride, the vehicle doesn't matter
    68. Re:got the karma to burn, so.... by Darby · · Score: 1

      It's about due process vs. the responsibility to protect the USA from terrorist attacks. You guys don't seem to be interested in the latter though.

      Which is a lie as you know fully well. What decent Americans (i.e. not cowards such as yourself) are interested in is living in a free country and not giving in to the terrorists.
      You on the other hand have surrendered unconditionally to the terrorists with your cowardly piss all our rights away to protect us oh please mommy protect us from the evil boogie men.

      Of course there is absolutely zero evidence that anything Bush has done has had any effect on preventing terrrorism or even that that is the intent.

      If I have the responsibility to protect the USA, I'm going to do what I can to accomplish that, right up to (but not over) the edge of what I can do legally.

      And what exactly does that have to do with anything Bush has done during his entire time in office?!?

      Sorry, but I am not a coward. I'll take freedom and the risk inherent to it over cowardice and a laughable belief that you're being protected by your nanny state fascist tactics, but that's just the fundamental difference between us.

    69. Re:got the karma to burn, so.... by Kohath · · Score: 1

      Nothing stopped this Administration from obtaining warrants, nothing stopped this Administration from getting warrants after the fact.

      link

      This after-the-fact warrant talking-point you guys have is pure fantasy. You don't know what a warrant is, and you don't know what the process is.

    70. Re:got the karma to burn, so.... by R3d+M3rcury · · Score: 1

      "I don't think its at all unreasonable to stop a burglar from intruding into your home, and I don't think its unreasonable to stop a terrorist from killing thousands of civilians."

      WHOA WHOA WHOA! Remember that "Innocent until proven guilty" thing?

      So let me get this straight. You believe that it is acceptable for the Police--remember, no judges here--to wiretap your phone because they believe you might be a burglar because you spoke with someone who spoke to someone who knows someone who is a burglar?!

      "I would submit to you that in every single war the US has ever engaged in [my emphasis], civil liberties were curtailed far more dramatically than in our current conflict."

      Okay, let's start with our first conflict--the War of 1812. What Civil Liberties were violated during that war? How about the Mexican-American war? Spanish-American War? World War I? Korean War?

      The government arrested a bunch of people during World War I for speaking against the draft, but the government was found to be acting illegally.

      Curtailing Civil Liberties during a war is more the exception than the rule.

    71. Re:got the karma to burn, so.... by imthesponge · · Score: 1

      Dear Mrs. Smith,

      I'm sorry for conducting surveillance on your family via your bathroom window. However, you are Middle-Eastern according to our records and statistically, you are 70% more likely to participate in a terrorist attack. Also, Mr. Smith has a long beard and we've observed both of you at the local mosque. Given these facts, we had reason to believe that your children were manufacturing a dirty bomb in the shower.

      Please rest assured that we will not rest as long as Terror exists in the world, as long as the evildoers try to strip this great nation of its Freedom and Security. We will continue our surveillance of the evildoers in order to prevent another terrorist attack. We will never cease to protect you.

      God Bless America.

      Thank you,
      President Safety.

    72. Re:got the karma to burn, so.... by Big_Al_B · · Score: 1

      Read your 4th Amendment. A warrant is for a known individual. You can't get a warrant to listen to "whoever".

      You've got no idea what you're talking about. Really. No idea.

      The Fourth Amendment does not say any such thing. And, yes, you can get a warrant to tap a communications line or search a property, neither of which are "individuals" and both of which can lead to incriminating evidence in court cases.

      When terrorist calls whoever in the USA, you can't listen to that side of the conversation without a warrant.

      True. Note however, that the required warrant, per the FISA, may be acquired after the actual listening, and recording, takes place. This is to ensure that there was, at the time, probable cause to suspect the tapped communications could be material evidence in an intelligence investigation.

      But you already listened to the conversation. What's the purpose of getting a warrant after you listened to the conversation again?

      To provide some necessary oversight to executive actions, that without such review, could be abused by dishonest or negligent government agents.

      You can't get a warrant after the fact for something you couldn't get a warrant for beforehand.

      That's simply not true. The FISA court has been used 19,000 times since 1978.

      It's a ridiculous situation, and you know it (because it's obvious).

      Five warrants rejected from 19,000 applications and you claim the law is obviously unworkable? Get a grip.

      We have a de-facto declaration of war. We're at war. Signals intelligence is part of fighting a war. The president is in charge of warmaking, and he's therefore empowered to conduct signals intelligence by Article 2.

      Congress declares war. They've done no such thing. Therefore, legally we are not at war. Even if the Constitution granted a President specific wartime power, it wouldn't apply now. Giving up all of our essential liberties because you are afraid of terrorism is not acceptable to many, many citizens, including me. Period.

  18. Re:CNN by dc29A · · Score: 1

    So much for getting out of the war anytime soon. Is anyone else sick and tired of living in a nation which is constantly at war with someone/something? I mean... how much more can your pocketbook take?

    I just wonder why couldn't those billions of dollars invested in this war be used for Hydrogen fuel research or some other alternatives to oil. And this war is all about black gold.

    FFS, Iceland plans (if it's not already) to be free from oil. Sweden, same thing for 2020? Why can't the US invest money to hydrogen research instead of wasting it on a war that is a melting pot for terrorists and the endresult, oil, will kill the planet faster?

  19. Goering by StressGuy · · Score: 5, Informative

    Supposedly, he made this quote while being intervied by a psychiatrist during the time of his war crimes trial:

    "Why, of course, the people don't want war," Goering shrugged. "Why would some poor slob on a farm want to risk his life in a war when the best that he can get out of it is to come back to his farm in one piece. Naturally, the common people don't want war; neither in Russia nor in England nor in America, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship."... ... the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country."

    --
    A goal is a dream with a deadline
    1. Re:Goering by thatguywhoiam · · Score: 2, Insightful
      I'd like to append your Goering quote with a bit of Orwell (who cites Goering in this passage):

      There is no use in multiplying examples. The point is that we are all capable of believing things which we know to be untrue, and then, when we are finally proved wrong, impudently twisting the facts so as to show that we were right. Intellectually, it is possible to carry on this process for an indefinite time: the only check on it is that sooner or later a false belief bumps up against solid reality, usually on a battlefield.

      When one looks at the all-prevailing schizophrenia of democratic societies, the lies that have to be told for vote-catching purposes, the silence about major issues, the distortions of the press, it is tempting to believe that in totalitarian countries there is less humbug, more facing of the facts. There, at least, the ruling groups are not dependent on popular favour and can utter the truth crudely and brutally. Goering could say 'Guns before butter', while his democratic opposite numbers had to wrap the same sentiment up in hundreds of hypocritical words.

      Actually, however, the avoidance of reality is much the same everywhere, and has much the same consequences. The Russian people were taught for years that they were better off than everybody else, and propaganda posters showed Russian families sitting down to abundant meal while the proletariat of other countries starved in the gutter. Meanwhile the workers in the western countries were so much better off than those of the U.S.S.R. that non-contact between Soviet citizens and outsiders had to be a guiding principle of policy. Then, as a result of the war, millions of ordinary Russians penetrated far into Europe, and when they return home the original avoidance of reality will inevitably be paid for in frictions of various kinds. The Germans and the Japanese lost the war quite largely because their rulers were unable to see facts which were plain to any dispassionate eye.

      To see what is in front of one's nose needs a constant struggle. One thing that helps toward it is to keep a diary, or, at any rate, to keep some kind of record of one's opinions about important events. Otherwise, when some particularly absurd belief is exploded by events, one may simply forget that one ever held it. Political predictions are usually wrong. But even when one makes a correct one, to discover why one was right can be very illuminating. In general, one is only right when either wish or fear coincides with reality. If one recognizes this, one cannot, of course, get rid of one's subjective feelings, but one can to some extent insulate them from one's thinking and make predictions cold-bloodedly, by the book of arithmetic. In private life most people are fairly realistic. When one is making out one's weekly budget, two and two invariably make four. Politics, on the other hand, is a sort of sub-atomic or non-Euclidean word where it is quite easy for the part to be greater than the whole or for two objects to be in the same place simultaneously. Hence the contradictions and absurdities I have chronicled above, all finally traceable to a secret belief that one's political opinions, unlike the weekly budget, will not have to be tested against solid reality.

      --
      If Jesus wants me it knows where to find me.
    2. Re:Goering by kokoloko · · Score: 2, Insightful

      But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship...
      I wouldn't rely on Goering as an authority about what is possible or not in a democracy. It's like when a tobacco executive says "Well there are all sorts of things that can give you cancer. Heck you can get cancer from wheat germ, right?" If it was so simple to get people to simply "go along" in a democracy, the why did the Nazis feel the need to opt out of theirs? Also why wasn't the US at war with Germany in 1940? Had it been left to Roosevelt, he certainly would have just dragged everyone along.

    3. Re:Goering by Anonymous Coward · · Score: 0

      Please note that Germany didn't opt out of democracy until long after they'd convinced the population to "go along". The Nazi party was elected with a large majority of popular vote.

    4. Re:Goering by kokoloko · · Score: 1

      The Nazi party never recieved a majority in any election. A coaltion government, headed by Hitler, was elected by a slim majority in 1933, and that was after the Reichstag fire and the laws that effectively outlawed much of the Nazi's political oppostion. In any event, it was in mid 1934 that Hitler became Fuhurer. Thus the "democratic" Nazi government lasted about 1 year, which was how long it took them to dismantle the German constitution.

    5. Re:Goering by slavemowgli · · Score: 1

      Not just supposedly - that is an actual verified quote from an interview with Gustave Gilbert.

      --
      quidquid latine dictum sit altum videtur.
  20. Justification of ignoring FISA? by rkhalloran · · Score: 3, Insightful
    The FISA law allows DOJ to get their warrants up to 72 hours *after* the monitoring starts, and approval is almost always given.

    I'm all in favor of keeping an eye on the bad guys, but I can't help thinking that they're dodging the law because their evidence is so weak even FISA is calling BS on them.

    1. Re:Justification of ignoring FISA? by Bassman59 · · Score: 1
      I'm all in favor of keeping an eye on the bad guys, but I can't help thinking that they're dodging the law because their evidence is so weak even FISA is calling BS on them.

      They want to go around FISA because they don't want anyone to know upon whom they're spying. This point oughta be really obvious, folks.

    2. Re:Justification of ignoring FISA? by Abcd1234 · · Score: 1

      Except, of course, that FISA is a secret court, meaning it's proceedings are closed and classified.

    3. Re:Justification of ignoring FISA? by bill_mcgonigle · · Score: 1

      Bob Cringely writes this week about the possibility that they're doing social networking analysis based on calling graphs.

      The is the only hypothesis I've heard that makes a lick of sense, so it's the frontrunner for being true.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  21. Privacy concerns. by Anonymous Coward · · Score: 0

    I'm more concerned that the government lawfully knows how much I earn than with whether they're listening to any calls which I may instigate or receive from overseas. If we have this great right to privacy, why does it not cover our finances, too?

  22. Where in the constitution? by Anonymous Coward · · Score: 0

    Does it say our freedoms are based on poll results? I don't expect my freedoms to be based on the consent of my neighbors. The constitution is designed to protect me from the mob. It doesn't live or breathe, and it doesn't respond to polls.

  23. Court approval is the issue by Tsar · · Score: 2, Informative

    Forty-seven percent of those polled responded they they did not support 'wiretapping in order to reduce the threat of terrorism'.

    Plain wrong. The article states, "Fifty-three percent of the respondents said they supported eavesdropping without warrants 'in order to reduce the threat of terrorism.'"

    You may disagree in either case, but at least get the basic facts right.

    1. Re:Court approval is the issue by slashkitty · · Score: 1
      Correct. Where does this 47 percent come in, there are no results in the poll that show this 47 number. There is one that says 46 percent disapprove, with 1 percent having no opinion.

      What I'd like to know is how many people support wiretaps without warrants on communications in other countries, say like iraq, afganistan, or other terrorist nation? It'd be higher, right?

      Then ask they question, why should terrorist who make it to the US be giving more latititude? Why are terrorists home free when they make it here? If you ask me, they should be spying more on the terrorists that are here!

      --
      -- these are only opinions and they might not be mine.
    2. Re:Court approval is the issue by Anonymous Coward · · Score: 0

      That's an odd thing to say. If you know they are terrorists, why didn't you arrest them when they entered the US? If you don't know they are terrorists, then reverse it.

      "Should the government be able to tap your conversation with your parents in the US? If not, why should they be able to do so if they emigrate?"

  24. This is why we have a representative democracy. by Wanderer1 · · Score: 1

    ... rather than a direct democracy.

    Most people do not take the time to thoroughly understand the challenges before their society.

    Arguably this is because they are too busy with immediate gratification, but it is also a byproduct of being worked too hard to worry about anything else. The average joe spends the majority of his time working, raising a family, and trying to enjoy his life.

    Studying issues does not often contribute to an enjoyment of life, and I believe our education system does not adequately teach the rights granted to American citizens. Not knowing what you're entitled to in concrete terms makes it more difficult to be upset when your entitlements are endangered.

    1. Re:This is why we have a representative democracy. by Eightyford · · Score: 1

      ... rather than a direct democracy.

      No, we have a representative democracy because no politician has ever tried to give up more power to the people. I can not understand how Americans could be content with a two party system. Why don't we do elections in a tiered sytem where we vote our preferences for 9 or 10 candidates?

    2. Re:This is why we have a representative democracy. by Anonymous Coward · · Score: 0
      Most people do not take the time to thoroughly understand the challenges before their society.


      Niether do most politicians. They don't even read most bills, let alone understand them, before a vote is taken and this is IF they bother to show up that day.
  25. Fascism is here by ActionAL · · Score: 0, Troll

    I find that the breaches of national security to spy on u.s. citizens is disturbing. It is only one of many steps that is being slowly and subtly put into our country in order to make it a fascist regime.

    From a website, these are some aspects of fascism and they are hauntingly close to what our country is becoming all because of terrorism:

    Powerful and Continuing Nationalism

    Disdain for the Recognition of Human Rights

    Identification of Enemies/Scapegoats as a Unifying Cause

    Controlled Mass Media

    Obsession with National Security

    Religion and Government are Intertwined

    Corporate Power is Protected

    Labor Power is Suppressed

    Obsession with Crime and Punishment

    Rampant Cronyism and Corruption

    Fraudulent Elections

    ---
    I think our forefathers would be proud if we citizens stood up to our government and said hey wait a second things are starting to get out of hand, and we need to step back and take a close look at things before we all just agree to whatever the president wants just because of terrorism.

    If any of you have ever watched the film "Brazil" by Terry Gilliam, you will see how the government uses constant terrorism to enforce its rule upon its citizens.

  26. So.. let's get this straight... by scheming+daemons · · Score: 3, Interesting
    Even when the question is framed in the most positive manner for the President (relating wiretaps to fighting terrorism), nearly half of the population still is against it?

    This is a very encouraging sign.

    What would the numbers have been if the poll was worded this way:

    Are you for or against wiretapping suspected terrorists without a FISA court warrant, even though a warrant can be obtained up to 72 hours after the fact?

    I'm guessing that 47% would grow to at least 2/3.

    The American people are starting to "get it" about this current President. The terrorists would be winning if the public was falling for our fascist government's bullshit ... but the people are, surprisingly, showing that they aren't all willing to part with their cherished civil liberties just because Dubya & Dick flash the boogie-man before our faces every 14 months or so (or whenever they need a poll boost).

    The public is starting to build up immunities to the old "whip them into a frenzy by showing stock footage of Osama and playing an audiotape" routine.

    Good for us.

    --
    "I have as much authority as the pope, I just
    don't have as many people who believe it" - George Carlin

    1. Re:So.. let's get this straight... by thatguywhoiam · · Score: 1
      Even when the question is framed in the most positive manner for the President (relating wiretaps to fighting terrorism), nearly half of the population still is against it? This is a very encouraging sign... Good for us.

      Considering the numerous wars and soldiers lost throughout your country's storied history upholding these very specific principles, I think that having only half the population disagree is a disgrace. I'll say Good For You if you actually manage to fix it.

      --
      If Jesus wants me it knows where to find me.
    2. Re:So.. let's get this straight... by TCQuad · · Score: 1

      Even when the question is framed in the most positive manner for the President (relating wiretaps to fighting terrorism), nearly half of the population still is against it? This is a very encouraging sign.

      I disagree. People tend to defend their beliefs. With the current partisan cynicism, it is unlikely many will change their mind, no matter what the facts are. Therefore, the 50/50 split is likely to remain unless someone can effectively reframe the debate away from freedom fighters vs. terrorist huggers.

    3. Re:So.. let's get this straight... by Anonymous Coward · · Score: 0

      Jane you ignorant slut!

      The poll is biased because the questions are vague. The more information the pollsters include about the actual program, the greater the support.

      For example, 70% of the American public are in favor of the program when the question is phased "Do you support warrantless surveillance in the case of suspected terrorists making calls from overseas to the U.S?"

      Furthermore, do you have any idea how much paper work is involved in preparing documentation for the FISA court? The fact is that you don't have any idea how much additional work you'd be creating for the people trying to connect the dots. Why do you think it's a great idea to spread our intellegence services even thinner?

  27. I love Big Brother! by sulli · · Score: 1
    Americans support monitoring Americans "that the government is suspicious of."

    Not "has probable cause to search." "Is suspicious of."

    Lesson: Your fellow Americans don't care about your privacy, and trust the feds to decide whether or not to search you (and them), without court review, warrants, probable cause, or anything else. Where's PGPfone when we need it?

    --

    sulli
    RTFJ.
    1. Re:I love Big Brother! by Floody · · Score: 1
      Lesson: Your fellow Americans don't care about your privacy, and trust the feds to decide whether or not to search you (and them), without court review, warrants, probable cause, or anything else. Where's PGPfone when we need it?


      Yeah. I heard that some guys figured this out about 230 years ago. Their solution was something called a "republic." Not sure whatever happened with it though.
    2. Re:I love Big Brother! by Bassman59 · · Score: 1
      Lesson: Your fellow Americans don't care about your privacy, and trust the feds to decide whether or not to search you (and them), without court review, warrants, probable cause, or anything else. Where's PGPfone when we need it?

      Yeah. I heard that some guys figured this out about 230 years ago. Their solution was something called a "republic." Not sure whatever happened with it though.

      It was taken over by big-r Republicans.

  28. Party lines by Phishcast · · Score: 4, Insightful
    I wonder where they got their sample of people to respond to this poll. People are so divided along party lines that anyone who pays any attention to the news media would read this question as "Are you for or against the current administration?" or "Do you support Democrats or Republicans?" Not surprisingly about half go one way and half go the other.

    It seems pretty evident to me that there is a large percentage of individuals in the US population that no longer think for themselves. They simply know if they dislike Democrats or they dislike Republicans. On any given issue they will simply spout whatever garbage their side's talking heads have been saying on television or political radio. It's unfortunate because can't hardly have a rational conversation with most people about anything involving politics. I don't want to hear the opinions of Rush Limbaugh or Al Franken regurgitated to me. What do YOU think? It's a truly sad state of affairs.

    1. Re:Party lines by The+Angry+Mick · · Score: 1
      I wonder where they got their sample of people to respond to this poll.

      I'm not sure where they got the samples, but based on the interview I heard on NPR yesterday, I'm betting most of the "I'm glad he's wiretapping" responses came from the middle states. In the NPR story, one Nebraska woman said she thought it was OK for the President to authorize wiretaps because she felt "there's some people that we should be watching more closely, like in the Middle East".

      It was one of the most racist comments I've heard in years - and growing up in Georgia, I've heard plenty.

      It's kind of interesting to me that those most afraid of the "terrorist" threats seem to be those in the states least likely to ever experience an actual attack (beyond the obvious trauma of watching it on Fox News). The middle belt has about as much to fear from a terrorist as Mars does a March of the Penguins. It's incredible how deep the fear of terrorism has rooted itself in these states, and I can't help but wonder why this is so.

      --

      I'm not tense. I'm just terribly, terribly, alert.

    2. Re:Party lines by G27+Radio · · Score: 1
      People are so divided along party lines that anyone who pays any attention to the news media would read this question as "Are you for or against the current administration?" or "Do you support Democrats or Republicans?" Not surprisingly about half go one way and half go the other.

      This is my favorite example:

      During the 2000 campaign, Bush promised to be a "uniter, not a divider."

      Forty-nine percent of 1,007 adult Americans said in phone interviews they believe Bush is a "uniter," according to the CNN/USA Today/Gallup poll released Wednesday. Another 49 percent called him a "divider," and 2 percent had no opinion.


      http://www.cnn.com/2005/ALLPOLITICS/01/19/poll/
    3. Re:Party lines by Intangion · · Score: 1

      the democrats have talking heads on tv and radio?
      i havent seen any. not many speak out opening on mainstream media against the bush administration. (only barely touch at it with a 10 foot poll even on comedy central..)

      i have to get most of my news/facts from the internet because thats the only place you can find them, they just happen to be painting a pretty negetive picture of bush

    4. Re:Party lines by daigu · · Score: 1

      You cannot talk intelligently about politics because most discussions are framed around questions like "Do you support Democrats or Republicans?" instead of substantive commentary like these on the Iraq War or the U.S. use of torture around the world, ignorance of public officials, and ignorance of the American people about the facts of the current administration. I don't support either majority party, and even if I did, its not even the point.

      It's like being in a crowd with half screaming "Less Filling!" and the other half screaming "Tastes Great!" - and neither side aware that there isn't a drop of beer in sight. Wake up folks.

  29. What a difference a few words makes... by TCQuad · · Score: 4, Informative

    From the supplement:

    After 9/11, President Bush authorized government wiretaps on some phone calls in the U.S. without getting court warrants, saying this was necessary to reduce the threat of terrorism. Do you approve or disapprove of this?

    53% approve, 46% disapprove, 1% no opinion

    After 9/11, George W. Bush authorized government wiretaps on some phone calls in the U.S. without getting court warrants. Do you approve or disapprove of this?

    46% approve, 50% disapprove, 3% no opinion.

    Basically, somewhere around half the country approve, half disapprove and the margin of error are people who are swayed by how the question is asked.

    1. Re:What a difference a few words makes... by zerocool^ · · Score: 1


      The point still remains that this country is very fiercely divided between left and right, politically, and that each side is willing to go along with anything their party leaders say. Still, though... you've got to wonder how much more of this the Republican constituants will accept. I can't imagine some of them aren't getting a little nervous about raising the right flag as the things they are asked to get behind are pulling further and further away from morality.

      --
      sig?
    2. Re:What a difference a few words makes... by Anonymous Coward · · Score: 0

      Ironic how close those numbers are to the election results that put Bush in office again.

  30. Sorry guys by A+beautiful+mind · · Score: 1

    I used my huge army of proxies to manipulate the poll results!

    Oh wait, what do you mean it was an offline poll?!

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  31. Actually, their stated goals are . . . by PIPBoy3000 · · Score: 2, Informative

    Al-Qaeda's goals are to drive out Western influence from the middle east, Saudia Arabia in particular, and establish a pan-Islamic state. I suspect they don't care much about our civil liberties one way or another. That's up to us.

    1. Re:Actually, their stated goals are . . . by rocketman768 · · Score: 1

      That's a good ideal and all, but it's one that they will never accomplish. Just as the west will never get rid of Middle Eastern influence, and just as Hitler never got rid of the Jews. Maybe this is a sort of rebel version of the crusades (which were to reduce "heresy", which btw failed).

    2. Re:Actually, their stated goals are . . . by voice_of_all_reason · · Score: 1

      Maybe, but in-fighting among their enemy certainly helps their cause.

      (not saying dissent "makes the terrorists win")

      Loosely paraphrased from Benjamin the Donkey: God gave me the government to protect me from terrorists, but I'd sooner have no government and no terrorists.

  32. All depends on how the question is worded... by elwinc · · Score: 2, Interesting
    quoting the NYT article,
    In a sign that public opinion about the trade-offs between national security and individual rights is nuanced and remains highly unresolved, responses to questions about the administration's eavesdropping program varied significantly depending on how the questions were worded, underlining the importance of the effort by the White House this week to define the issue on its terms.

    . . .

    respondents overwhelmingly supported e-mail and telephone monitoring directed at "Americans that the government is suspicious of;" they overwhelmingly opposed the same kind of surveillance if it was aimed at "ordinary Americans."

    The administration is selling the wiretapping now as a "terrorist surveillance program," now who could object to that?

    On the other hand, famous conservative activist Grover Norquist says that if new tools are needed to go after terrorists, the President should get a law passed, rather than break the existing laws. Sounds quite reasonable, doesn't it?

    So, let the public relations rumble begin!!!

    --
    --- Often in error; never in doubt!
  33. Re:The question was loaded (mod parent up.) by Anonymous Coward · · Score: 1, Informative
    Exactly. It's not really asking people about the situation at hand... My take on a summary, the Bush administration...:

    1. Has a spy progam targeting...
    2. US Citizens...
    3. Without a warrant or court order...
    4. Where existing law passed by congress prohibits doing so...
    5. (Bonus) When a perfectly legal, fast, reliable way to do it with warrants exists (FISA)...
    6. (Bonus) And Saying it's within your powers to utterly ignore US law becuase of "war powers" in a conflict which is technically not a war and is almost by definition unwinnable. (War on Terror. Terror's pretty hard to kill.) And where Congress has specifically rejected amendments to the Patriot act which would be steps in this direction.


    All this about "Would you want to use wiretaps against (suspected) terrorists or let them win" is a continuation of the BS false-choice (and mischaracterizing the opposition's argument) often given by the Bush administration.

    Back in 2002 when the project was already started, the Department of Justice said that FISA was perfectly fine and there was no reason to weaken it even for non-citizens! But now that they've been found out they change their tune...

    (Stupid inactive blog of mine)
  34. Mixed-Up Poll Support by Doc+Ruby · · Score: 1, Interesting

    "The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism"; 46 percent disapproved. When the question was asked stripped of any mention of terrorism, 46 percent of those respondents approved, and 50 percent said they disapproved."

    7% margin "to reduce the threat of terrorism", -4% margin just on the wiretapping. That hefty 11% (which is 24% of either "side") is why Bush will lie about the wiretaps "reducing terrorism".

    How about the results of a poll asking "support Bush's illegal spying on Americans?" I'd expect more like up to 35% approval (20% of Americans believe we were born yesterday), 60% disapproval. But I'd still expect the media to describe that opposition as "mixed support".

    --

    --
    make install -not war

  35. They are not entirely "domestic" by mi · · Score: 1

    From what I read, the wiretaps in question involve international calls only. No?

    --
    In Soviet Washington the swamp drains you.
  36. hmm-clues are needed; time to get out the Clue Bat by BattleRat · · Score: 1

    When is everyone in this country going to realize that it is PERFECTLY legal for the NSA/CSS (according to their charter and inception) to monitor all SIGINT with at least one termination outside the United States. You may not like it, but it is legal. I for one don't really have a problem with them capturing SIGINT out to or in from the International Community. Where I have a problem, and the real issue here, is if the NSA/CSS starts monitoring internal US communications. The golden rule in the SIGINT community is that you don't spy on America. But if one part of that transmission is offshore and is picked up by the NSA, you aren't spying on Americans; you are spying on the other International party. We should all be up in arms WHEN/IF the NSA/CSS conducts 100% domestic SIGINT missions. Ben Franklin was once attributed with saying, "He who sacrifices freedom for security deserves neither." That is 100% correct, but at this point, we aren't sacrificing freedoms with the current, approved mission of the NSA/CSS.

  37. That's exactly it by Concern · · Score: 3, Insightful

    They basically got everything they wanted in FISA, which is already a very creepy process in many respects from a civil rights point of view. It's a secret court where already many questionable things could be swept under the rug.

    There is no reason at all not to even go through FISA... unless they want to do something truly immoral and illegal.

    This is a heads up to anyone paying attention that Bush's people are off the reservation, and are spying on peolpe other than terrorists - or that their definition of "terrorist" is becoming something that would surprise you.

    And anyone who does not believe politicians (even their favorites) capable of doing something wrong when left unsupervised should have both their head (if you're that gullible, stay in your home where it's safe, and don't answer the door) and their American citizenship (we have a country where checks and balances are the law of the land, period), examined.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:That's exactly it by doublem · · Score: 1

      ... anyone who does not believe politicians (even their favorites) capable of doing something wrong when left unsupervised should have both their head and their American citizenship, examined.
      -Concern on /.


      Well stated.

      Mind if I go to cafepress and get them to make up some t-shirts and bumper stickers of the above?

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    2. Re:That's exactly it by Concern · · Score: 1

      Haha! Go for it.

      --
      Tired of Political Trolls? Opt Out!
    3. Re:That's exactly it by MAXOMENOS · · Score: 1
      There is no reason at all not to even go through FISA... unless they want to do something truly immoral and illegal.

      Assuming benign motives, the only reason I can think of is to collect large amounts of counterexamples for a filter.

      If we don't assume benign motives, then it's probably because they're spying on their opponents for political advantage.

    4. Re:That's exactly it by mpe · · Score: 1

      This is a heads up to anyone paying attention that Bush's people are off the reservation,

      Left to their own devices governments and government officials will tend to protect their own interests.

      and are spying on peolpe other than terrorists - or that their definition of "terrorist" is becoming something that would surprise you.

      That's even after considering that "Mainstream Media" definition "terrorist" is typically full of double standards. (Especially in the cases individuals and groups being called just about anything else, dispite their actions. Because of either their stated goals or even simply who they are.)
      If history is any guide, the targets are more likely to be political opposition before politically incorrect terrorists.

  38. Re:CNN by SilverspurG · · Score: 1

    The mods can hit me offtopic all they like but the fact is that when a Brigadier General makes a statement which, in context, exposes his view that we'll be in Iraq for "at least several more years", you know the domestic monitoring situation will continue to get worse. Not better. And this will happen globally. Not just in the US.

    --
    fast as fast can be. you'll never catch me.
  39. it's not wiretapping by b17bmbr · · Score: 2, Insightful

    the NSA was intercepting incoming calls from known or suspected terrorists. remember, members of both parties were informed aboit the activities since the program was undertaken, and there was no grave concern expressed then. now, i'm not a lawyer (as I'm sure most of us here aren't either), so I can't comment on the specific legalities. but it was not wiretapping, but international call interception. huge difference. and you know what, he'd better be doing that. if he wasn't, wouldn't his critics have said he wasn't "connecting the dots"?

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:it's not wiretapping by Anonymous Coward · · Score: 0

      And how do you go about doing that? Like a known terrorist is going to use the same phone every single time. Do you really think the american public is stupid enough to buy that simplistic lame excuse. Do you think terrorist bent on executing their plans are that stupid? Only way to know would be to filter all international calls and do voice recognition you dumb ass. That means every single foriegn call has to be monitored for a specific amount of time to determine if the call is from a terrorist. Think it through a bit more. Can the NSA's systems really do all of these things in real-time? Probably not, so that means one would have to record all international calls and then process it offline. So this means the administration has given the NSA permission to monitor all foriegn calls. That is not legal. Bush should be impeached for breaking the law.

    2. Re:it's not wiretapping by BattleRat · · Score: 1

      Wow, you really need to brush up on a few things here. The MISSION of the NSA/CSS is to gather Signals Intelligence from all sources outside the US. Bush didn't "grant them permission," it's in their charter (which btw, they've been around for a LOOOOng time). It is legal to monitor signals outside the US. It's idiots like you who make politics so frustrating, yet so interesting. Nothing like making comments without understanding the issues and basic definitions.

      PS: http://www.msnbc.msn.com/id/10549887/from/RL.1/ good example of capabilities...

    3. Re:it's not wiretapping by xlv · · Score: 1
      members of both parties were informed aboit the activities since the program was undertaken, and there was no grave concern expressed then.


      This is not a valid argument, the democrats that were briefed were on the intelligence committee and the briefings were classified. Some of them sent secret letters to the administration voicing their concerns as was revealed recently but they could not voice their concerns publicly as that would be illegaly revealing state secrets.


      it was not wiretapping, but international call interception. huge difference.


      Could you explain how intercepting phone calls, even if they are international, is not wiretapping?


    4. Re:it's not wiretapping by b17bmbr · · Score: 1

      yes, they voiced their concerns. but that's the point. it was disclosed to the intel committee, and they had the opportunity to voice there concerns. were the concerns legal or other. also, if they knew private citizens were being monitored, they haven't said as much. most of the hyperbole has been speculation and insinuation. and there's been no call to end the program. think about that. it's not the program, but the implementation. the fact remains is that the NSA has been doing this for a looonnnggg time, it's only how they're doing it now, not that they're doing it. I think that's significant.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  40. I don't believe it's traditional wiretaps by Dark+Paladin · · Score: 2, Insightful

    The argument has been made in two ways:

    1. Congress gave us this power (which they didn't, sorry) when they approved going to war against Al Queada, and
    2. If someone from Al Queada is calling, then we want to know about it - and quick!

    However, as another poster pointed out, this latter argument falls apart under the FISA laws which state that you can start a wiretap as long as you go to the courts within 72 hours to get the subpeana. And even at that - it's a secret court! Nobody has to know save for a few people.

    So, why not do it? I'm convinced it's because of 1 of 2 reasons:

    1. They don't care to have people know at all because they don't think that they could get past any kind of judicial review,
    2. They aren't doing specific wire taps, but are scanning and reviewing automatically any phone call from a foreign source.

    A combination of the two is probably in effect. I'm willing to bet that their scanning every call coming in from either specific areas (such as Afganistan) and having the computer start checking it out, then alerting an NSA staff member if something sounds interesting (either through voice recognition or just checking the number - if it looks like one that's been used in the past or might have been used by a suspected terrorist, start tracking it).

    Either way, it's rather troubling. It's not that I don't think that Bush & Co aren't serious about trying to stop terrorism - I think they're serious about it. The issue is that this kind of behavior is always rife for corruption. J. Edgar Hoover used it to stop "communists", but most of the time it was to keep his power base in check with blackmail and intimidation. Nixon tried to use his power to keep his powerbase by spying on the Democrats (aka - Watergate).

    And we're suppose to believe that this power - unchecked and unregulated would only be used for good? What are the odds that someone won't be tempted to listen in on Christian Amanpour's recordings - after all, she talks to Afganistans and middle eastern people all the time, and just happen to listen to her husband's conversations about how to manage the Kerry campaign (or some other ranking Democrat).

    Even if people say they won't, we know that absolute power corrupts. If they want to listen on phone calls, fine - they have a process for that to help keep corruption down. If they want to scan all incoming and outgoing calls from the US to other countries, that's fine as long as they get the laws passed to give them the power to do so and check unbalanced power.

    Otherwise, the temptation to do something bad will be too much for some - it was too much for President Nixon whom, by all accounts, was a pretty good President. Remember, he thought he was doing the right thing by staying in office, and never dreamed that maybe - just maybe - he had taken his powers too far.

    Of course, this is all just my opinion. I could be wrong.

    1. Re:I don't believe it's traditional wiretaps by ObsessiveMathsFreak · · Score: 1

      I'm willing to bet that their scanning every call coming in from either specific areas (such as Afganistan)

      And the UK. And France. And the the Middle East.

      Who are we kidding. They're tapping everything if they're tapping anything at all.

      --
      May the Maths Be with you!
    2. Re:I don't believe it's traditional wiretaps by kindbud · · Score: 1
      So, why not do it? I'm convinced it's because of 1 of 2 reasons:

      AG Gonzales has already publically stated what the problem is.

      But in order to initiate surveillance even under a FISA emergency authorization, it is not enough to rely on the best judgment of our intelligence officers alone. Those intelligence officers have to get the sign-off of lawyers at the NSA that all provisions of FISA have been satisfied, then lawyers in the Department of Justice would have to be similarly satisfied, and finally as Attorney General I have to be satisfied that the search meets FISA's requirements. All of this must happen before I can authorize even an emergency wiretap under FISA.


      Basically, it's too much trouble for them to do their jobs. No, really. This is actually what he said.
      --
      Edith Keeler Must Die
  41. Re:CNN by TedCheshireAcad · · Score: 1

    I just wonder why couldn't those billions of dollars invested in this war be used for Hydrogen fuel research or some other alternatives to oil.

    Because in the free market economy, that is the job of private business, not government.

  42. Warrants by Tweekster · · Score: 1

    Basically the problem is: If they have enough evidence to get a wiretap that protects people. It isnt like it is difficult to get a wiretap warrant, but you must have atleast SOME credible backing to why you think you should collect more evidence. I would like to ask the powers that be, how useful has this been, show me a case where this was used and proved effective even at a small level. Probably a lot of cases were sooo weak that they couldn't even get a warrant which means they have no right to do it. Pre 9/11 they had enough evidence against the various players to get warrants, so wiretapping ability is not the issue, laziness and priorities were. Now those targets are priority, same amount of evidence and probable cause exist to get the wiretaps, there is absolutely no reason to not be able to get a warrant if there is a credible reason

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  43. More Obfustication by Kozar_The_Malignant · · Score: 1

    All of the rhetoric, spin, and use of loaded words is designed to distract us from what is really going on here: warrantless searches of United States Citizens by the federal government. WTF makes people think that is OK? Bush and Co. have also argued that they have the power to hold citizens incommunicado without bail and without recourse to counsel for as long as they want just because they are suspected of being terrorists. Given the Bushites' history of labelling anyone who disagrees with them as "supporters of terrorists," this scares the hell out of me.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:More Obfustication by corbettw · · Score: 1

      All of the rhetoric, spin, and use of loaded words is designed to distract us from what is really going on here: warrantless searches of United States Citizens by the federal government.

      No, it's strategic listening to incoming calls from suspected terrorists. Whom they're calling is irrelevant, we need to know what those people (al Qaeda) are up to.

      Bush and Co. have also argued that they have the power to hold citizens incommunicado without bail and without recourse to counsel for as long as they want just because they are suspected of being terrorists.

      Please name one, single, US citizen who has been so treated. I've heard of residents and immigrants being treated this way, but no actual citizens.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:More Obfustication by QCompson · · Score: 1

      suspected terrorists

      The key word here is "suspected".

      Please name one, single, US citizen who has been so treated.

      Yaser Hamdi.

    3. Re:More Obfustication by scheming+daemons · · Score: 2, Interesting
      No, it's strategic listening to incoming calls from suspected terrorists. Whom they're calling is irrelevant, we need to know what those people (al Qaeda) are up to.

      Please site your sources for:

      A) proof that they are listening to only incoming calls.
      B) proof that they are listening to only suspected terrorists.

      and no.. because Bill O'Reilly or Sean Hannity said so.. is not good enough.

      You see... we would HAVE this proof, if the President wasn't bypassing FISA review. If all the calls were of the nature you describe, then the President should have no qualms with getting FISA warrants up to 72 hours after the fact since the warrants would be granted in every case if the calls are of the nature you describe .

      The only possible reason I can think of for the President to bypass FISA is because the calls were NOT just "incoming calls from Al Qaeda".

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    4. Re:More Obfustication by corbettw · · Score: 1

      Please site your sources for:

      A) proof that they are listening to only incoming calls.
      B) proof that they are listening to only suspected terrorists.


      I can't, you don't have sufficient clearance. Either that or I'm lazy and will get to it later, take your pick.

      --
      God invented whiskey so the Irish would not rule the world.
    5. Re:More Obfustication by corbettw · · Score: 1

      What the hell, it's a slow day now that I've trained the Solaris guy how to babysit autoyast...

      Here, read this: http://www.fas.org/sgp/crs/intel/m010506.pdf

      Specifically Page 2: "Attorney General Alberto Gonzales laid out some of its parameters, telling reporters that it involves 'intercepts of contents of communications where one . . . party to the communication is outside the United States' and the government has 'a reasonable basis to conclude that one party to the communication is a member of al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or working in support of al Qaeda.' The aim of the program, according to Principal Deputy 3 Director for National Intelligence General Michael Hayden, is not 'to collect reams of intelligence, but to detect and warn and prevent [terrorist] attacks.'"

      Now, the AG might be lying, but that's up to you to prove now. Good luck!

      --
      God invented whiskey so the Irish would not rule the world.
    6. Re:More Obfustication by Kozar_The_Malignant · · Score: 1

      >Please name one, single, US citizen who has been so treated. I've heard of residents and immigrants being treated this way, but no actual citizens.

      Jose Padilla
      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    7. Re:More Obfustication by corbettw · · Score: 1

      >Please name one, single, US citizen who has been so treated. I've heard of residents and immigrants being treated this way, but no actual citizens.

      Jose Padilla


      Riiiight. Except that Padilla was granted access to lawyers. Oh, and everyone knew where he was. Oh, and he had several court dates, in all of which the courts sided with the administration. Not exactly an unperson, is he?

      --
      God invented whiskey so the Irish would not rule the world.
    8. Re:More Obfustication by QCompson · · Score: 2, Insightful

      I don't see how your quote proves that the NSA is intercepting only incoming calls.

      Also, what do you think the Attorney General is going to say? "We've been intercepting calls from people who we thought may have something to do with al Qaeda, but some of them actually have no relation to the group." Sure. Who exactly determines if there is a "reasonable basis to conclude" if someone is involved with al Qaeda?

      The problem here is that there is no oversight to the program: no checks and balances. The way it's set up it can easily spiral out of control and run amuk over the 4th Amendment and the rights of innocent Americans.

      Blindly obedient much?

    9. Re:More Obfustication by e40 · · Score: 2, Informative

      God, you are an ass.

      If what you say is true, WHY DOESN'T THE AG PROVE IT? Because... HE CAN'T. He and the president fear that trying to get approval after the fact will fail, and thus expose them to ridicule, lawsuits, etc, etc, etc.

  44. Remember folks, by QCompson · · Score: 2, Insightful

    Now Bushie doesn't want us to refer to this program as "Domestic Spying", but rather "Terrorist Survelliance". How's that for some Orwellian word play? The worst part about all of this is the American people, once again, have demonstrated that they will allow their leaders to do anything, absolutely anything, as long as a couple buzzwords are tossed in. A politician can introduce a bill that sanctions the torture of grandmothers, and it will pass with little scrutiny as long as he repeats "terrorists" and "sex offenders" a few times.

  45. 9/11 and American Conditioning by ziggyzig · · Score: 1

    From the article: "The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism"; 46 percent disapproved. When the question was asked stripped of any mention of terrorism, 46 percent of those respondents approved, and 50 percent said they disapproved."

    This quote shows such an insight into the American psyche. It's become a way to justify anything and everything. Terrorism has become the new Communism. It's a shame that people feel this way.

    I'm reminded of the Ben Franklin quote that was used to protest the recent speech by Gonzales: "those who would sacrifice liberty for freedom, deserve neither."

    But don't take my quotes for it; go out and vote!

  46. Plain and simple, Bush is breaking the law by Anonymous Coward · · Score: 0

    Does the current white house staff really believe they can break the law. It's unfortunate the current congress is too damn whimpy to stand up for the constitution and put Bush and cheney on trial. Spying on foriegn calls with out judicial approval is most definitely illegal. Perhaps Bush and Cheney should re-read the US constitution.

  47. Really? by flyinwhitey · · Score: 1

    "Hitler justified"

    "Invoking the word "terrorism" to deflect criticism is only making Bush look more and more detached and cynical,"

    You may be right, but what does it mean when someone invokes Hitler like you did?

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  48. I don't see the big deal. by jim_v2000 · · Score: 1

    From what I understand, these aren't calls involving Americans calling Americans. They are watching for Americans calling or getting calls from terrorist suspects. I wouldn't even call this "domestic spying" since these are international calls.

    --
    Don't take life so seriously. No one makes it out alive.
    1. Re:I don't see the big deal. by Master+of+Transhuman · · Score: 0, Troll

      It's appropriate that the following post below yours was about how at least fifty percent of Americans are below average intelligence.

      You definitely qualify.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  49. Re:hmm-clues are needed; time to get out the Clue by SilverspurG · · Score: 1

    As agents of the government the NSA derives its authority from Congress. Congress and the President derive their authority from the Constitution. The 9th and 10th Amendments seal the Constitution for a very good reason. There are some things which the Government simply cannot legally engage in--no matter what Congress or the President says.

    Never mind those restrictions on authority, though. They only get in the way of protecting us from the screaming barbarian hordes which are always waiting just outside the gates.

    --
    fast as fast can be. you'll never catch me.
  50. Garbage Poll by JavaLord · · Score: 2, Insightful

    The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism"; 46 percent disapproved. When the question was asked stripped of any mention of terrorism, 46 percent of those respondents approved, and 50 percent said they disapproved.

    And there you have the manipulation of statistics to prove a point. Had they ask the question "Do you approve of Mr. Bush's authorizing eavesdropping on terrorists without prior court approval" the numbers would have been even higher in favor of Bush.

    Really, the liberal media needs to stop with the baby crap of calling Bush "Mr. Bush". He's the president, show some respect even if you don't agree with his policies and call him "President Bush". Also, for the love of god, stop calling Bill Clinton "President Clinton". It's former President Clinton, like you do for every other one.

    1. Re:Garbage Poll by Anonymous Coward · · Score: 0

      I call him shithead bush-ass-licker. How's that?

    2. Re:Garbage Poll by jcbarlow · · Score: 1

      You say "call him President Bush".

      I won't call him "President" because I don't think he is. I don't believe he was ever lawfully elected in the first place.

    3. Re:Garbage Poll by ObsessiveMathsFreak · · Score: 0

      He's the president, show some respect even if you don't agree with his policies and call him "President Bush". Also, for the love of god, stop calling Bill Clinton "President Clinton".

      I don't know. Clinton was the last president to be freely and fairly elected. He was also the last president to act, you know, Presidential.

      --
      May the Maths Be with you!
    4. Re:Garbage Poll by Anonymous Coward · · Score: 0

      Ummm I believe that once you are a President you are always a President. So calling Bill Clinton President Clinton is correct. Just as correct as President Carter, President Reagan, and President Bush and Bush Jr.

    5. Re:Garbage Poll by JavaLord · · Score: 1

      Typically they are called 'former president' in the media. The media does this with everyone other than Bill Clinton. Listen for it. :)

    6. Re:Garbage Poll by JavaLord · · Score: 1

      You can call him Dr Cockface for all I care, the media however should have higher standards and strive for neutrality. They also should respect the institutions of government.

      I'd also like to point out that Bush was lawfully elected twice. While the results of 2000 were surely close, and a clusterfuck on top of that, 2004 was a clear victory for Bush.

    7. Re:Garbage Poll by slashkitty · · Score: 1

      flamebait. If only I had mod points.

      --
      -- these are only opinions and they might not be mine.
    8. Re:Garbage Poll by myth24601 · · Score: 1

      "Typically they are called 'former president' in the media. The media does this with everyone other than Bill Clinton. Listen for it. :)"

      I don't know if there are any general rules followed by anyone. Usually a presedent that just left office is in the news a lot and is refered to as "former President soandso" at first but over time the "former" tag will erode away some if they stay in the news a lot like Clinton. Ford isn't in the news much so he is usually given the former tag when he is refered to. An exception to this would obviously be Bush Sr. since this can cause some confusion with the current Presedent.

      Once they die though they usually are just "President Soandso" from then on.

      As far as who deserves to be called president, Clinton and Bush both got a majority of the Electoral College so both sides can just drop this "He wasn't legitimatly elected" crap.

      --
      No matter where you go, there you are.
    9. Re:Garbage Poll by Qzukk · · Score: 1

      And there you have the manipulation of statistics to prove a point. Had they ask the question "Do you approve of Mr. Bush's authorizing eavesdropping on terrorists without prior court approval" the numbers would have been even higher in favor of Bush.

      That sounds even more manipulative. How about:

      "Do you approve of President Bush authorizing eavesdropping on people with only his word to guarantee these people are terrorism suspects?"

      Which is what it boils down to. With no judicial oversight or review of evidence, the only reason to believe he isn't spying on random citizens, the friendly neighborhood mosque, greenpeace, the democrats, Strayhorn, or his mother is because he says so. And he's said an awful lot of things since he took office (starting with "Hi, I'm Bush and I'm a conservative Republican").

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    10. Re:Garbage Poll by slavemowgli · · Score: 1

      When someone becomes President, the title "President" stays with him for life, even when he's not in office anymore, so "President Clinton" is not only perfectly OK, but actually correct, too.

      At least get the facts right, you stupid troll.

      --
      quidquid latine dictum sit altum videtur.
    11. Re:Garbage Poll by Politburo · · Score: 1

      Letsee.. first off, the NYT and many publications don't use titles after the first mention of a name. Second, President is used to refer to former presidents.. so unfortunately we'll have to hear "President Bush" for the next 30 years or so.

    12. Re:Garbage Poll by paradizelost · · Score: 1

      Well, actually, there was a fair amount of suspected fraud in the voting. Ohio and Alaska, for instance, had diebold voting machines, with no way to verify the votes, no paper printouts, lost votes, votes already in the system, etc... and besides, neither major candidate was decent, that's why i voted liberitarian. Anyone want a nice read, http://www.johntitor.com/

      --
      "In a world without walls and fences, who needs Windows and Gates?"
    13. Re:Garbage Poll by SETIGuy · · Score: 0
      Really, the liberal media needs to stop with the baby crap of calling Bush "Mr. Bush". He's the president, show some respect even if you don't agree with his policies and call him "President Bush". Also, for the love of god, stop calling Bill Clinton "President Clinton". It's former President Clinton, like you do for every other one.

      I bet you didn't mind when during the blow job scandal the same "liberal" media stopped referring to President Clinton as President Clinton or Mr. Clinton and started referring to him without any title as "Bill Clinton."

      I'm also fairly sure that the very same "liberal" news outlet we are discussing delayed stories about illegal actions by Bush until after the 2004 elections for fear they might influence the outcome.

      Frankly, you may not have notices but all former Presidents are referred to with the title "President." You may have noticed in the past week there were stories about President Ford being in the hospital.

      I'll start referring to GWB with the title "President" after he actually wins a presidential election.

    14. Re:Garbage Poll by Anonymous Coward · · Score: 0

      I agree with you on the mr thing. when you are president you are called president for life. it is a tradition. So we have president reagan, ford, carter, clinton etc.

    15. Re:Garbage Poll by bill_mcgonigle · · Score: 1

      While the results of 2000 were surely close, and a clusterfuck on top of that, 2004 was a clear victory for Bush.

      Yeah, but only because Bush brainwashed half the country with his misalapropisms. Don't you watch TV?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    16. Re:Garbage Poll by onemorechip · · Score: 1
      I don't know if there are any general rules followed by anyone. Usually a presedent that just left office is in the news a lot and is refered to as "former President soandso" at first but over time the "former" tag will erode away some if they stay in the news a lot like Clinton. Ford isn't in the news much so he is usually given the former tag when he is refered to. An exception to this would obviously be Bush Sr. since this can cause some confusion with the current Presedent.

      In my observation, the "former" seems to show up a lot in radio and TV, but is used far less frequently in print media. It doesn't seem to correlate with passage of time or prominence in the news, to my awareness. Of course I never thought much about it.

      Commenting on the original complaint of this subthread, I think the "Mr." is fairly traditional; didn't newspapers in the 1860s refer to "Mr. Lincoln"?

      --
      But, I wanted socialized health insurance!
  51. Essential Liberty by jcbarlow · · Score: 2, Informative

    Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety - Ben Franklin

    What part of that don't people get?

    1. Re:Essential Liberty by Urban+Garlic · · Score: 1

      > Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety - Ben Franklin

      I believe I love liberty as much as any red-blooded American, but I hate this quote because, in all honesty, I don't get it. I just don't understand it at all.

      I trade liberty for safety all the time. Sometimes I trade liberty for comfort. I enter into contracts, I take a job, I give up my time, and my choices about what to do with that time, so I can get money to buy things I want. Am I undeserving? Is this treason?

      I think my problem with it is that "liberty" and "safety" are both kind of amorphous concepts, and talking about "essential" liberty and "temporary" safety doesn't clear it up all that much. Isn't safety always temporary, for instance?

      Maybe I'm thick. I'm scared by the domestic surveillance program, but it's not because I "get" this Franklin epigram in any meaningful sense.

      --
      2*3*3*3*3*11*251
    2. Re:Essential Liberty by RexRhino · · Score: 1

      It is all good and fine that you quote Ben Franklin like that. I agree with the statement. But do you really want liberty, or are you just another person who hates Bush who finds it convienient to talk about Liberty in this context?

      A lot of the people outraged about the loss of "Essential Liberty" with the government wiretaps, would not be will to legalize drugs and prostitution, would not be willing to give up their support of gun control, would not be willing to give up the massive welfare state that requires you be "guilty" until you can prove to the IRS you are innocent. Heck, some of the loudest voices against Bush want the government to tax sugary foods to provide disincentives for overconsumption, want the government to set up sobriety check points, want the government to ban speech that women or minorities may find offensive, and want a government health care monopoly.

      If you really are for Liberty, there are all sorts of unpopular policies that are implied. Most of the people who are all upset about some "lost liberty" couldn't possibly be more eager to give away Liberty on just about every other issue.

  52. What happened to "Government = Evil"? by Concern · · Score: 5, Insightful

    Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?

    Why are so many patriots so happy to violate the constitution? You can't burn a flag, but you can listen on my phone calls without due process? Why is everyone a constitutional scholar when it comes to guns or free speech, but starts whistling and looking uncomfortable when it's comes to due process?

    Is the world some delicate and beautiful flower that will be crushed by our founding father's foolish "bill of rights?" Are times all that different?

    Has everyone forgotten why we have these laws? We saw the consequences of not having them not that long ago. Most people who saw the civil rights movement and Watergate are still alive today. Collective amnesia?

    What kind of patriot are you, if want the ten commandments in a courthouse, but not the constitution?

    How do you not call yourself a hypocrite, when you impeach a man for lying about his affair, but not a man who admits to violate his oath of office, and the law of the land, and declares he will keep right on doing it?

    FISA hardly ever said no. There's only one reason why they would want to hide their spying from FISA... "terrorists" now include their political enemies.

    --
    Tired of Political Trolls? Opt Out!
    1. Re:What happened to "Government = Evil"? by SilverspurG · · Score: 2, Insightful

      No kidding. Everyone gets all up in arms about the separation of Church and State, willing to take it to the Supreme Court, but when it comes to Constitutional (9th and 10th Amendments) checks and balances on authority then, well, we'll have none of that. According to the authoritarians the 9th and 10th Amendments were obviously written only to assuage those whom they can ridicule as "conspiracy theorists".

      --
      fast as fast can be. you'll never catch me.
    2. Re:What happened to "Government = Evil"? by necrognome · · Score: 1
      FISA hardly ever said no. There's only one reason why they would want to hide their spying from FISA... "terrorists" now include their political enemies.


      Mod parent up for the last line. There's more to this than listening to the "terrorists."
      --


      Let's get drunk and delete production data!
    3. Re:What happened to "Government = Evil"? by Hippy-Liberal+Hater · · Score: 1

      Do you talk with Terrorist in the middle east on the phone? If not, don't worry, no ones listening to your calls.

    4. Re:What happened to "Government = Evil"? by RexRhino · · Score: 1


      Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?

      That is a straw man arguement. Conservatives are all for the stupid, evil, wasteful government to run social programs. G. W. Bush increased government social spending more than virtually all presidents. The only presidents that can compare to Bush on social spending are F.D.R. and L.B.J. (The welfare state and warfare state seem universally linked)... Bill Clinton was a hardcore fiscial conservative by Bush standards. Hell, Hugo Chavez is a fiscial conservative by Bush stadards.

      Why are so many patriots so happy to violate the constitution? You can't burn a flag, but you can listen on my phone calls without due process? Why is everyone a constitutional scholar when it comes to guns or free speech, but starts whistling and looking uncomfortable when it's comes to due process?
      Once again, a straw man arguement. Conservatives neither support free speech, nor oppose gun control. Conservatives are rabid for government censorship. Conservatives also supported every gun control measure, EVER. I mean, if every Republican universally stood against gun control, there would be no gun control, period. It is the rare exception to find the conservative who actually supports the second amendment for what it was intended (so that citizens could carry out an armed rebelion against the government if the government became too oppressive... NOT for "sports hunting" or "stopping prowlers").

      I think you have made the mistake a lot of leftist make. They label anything that isn't part of their ideology as "Right Wing" or "Conservative". "Convervatives" and the American Right are simply right-wing totalitarians. The people who oppose censorship, gun control, the warfare state, etc., are libertarians. They often get called "right wing" by the left, but they also get called "Communists" or "left wing" by the right. But it is a completly and totally different political ideology than what you find on the right or left political spectrum.

    5. Re:What happened to "Government = Evil"? by utexaspunk · · Score: 1

      Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?

      Because the only thing more powerful than greed is fear?

    6. Re:What happened to "Government = Evil"? by juan2074 · · Score: 1
      No. This is not limited to calls to or from the Middle East. It is not limited to phone calls to or from terrorists.

      If what you wrote was really true, wouldn't it be pretty easy to get a warrant to allow the monitoring of those suspect phone calls?

    7. Re:What happened to "Government = Evil"? by Concern · · Score: 3, Insightful

      That is a straw man arguement.

      Of course not. Have you been hibernating while "tax and spend liberal" became the watchwords of the right? Do you deny that reducing government, due to distrust for it fulfil its basic duties, is a central tenet of Conservatism?

      Do you think it matters to the argument if some of their politicians don't follow their own supposed guiding principles? My point is, those principles are well articulated, and are totally contradictory and hypocritical.

      Does it bother you when a party spends years propagandizing with some concept, and then when they change their minds, wish everyone to pretend that they had never been so inconveniently inconsistent?

      Conservatives neither support free speech, nor oppose gun control.

      This is kind of my point, actually. Conservatives support free speech when Clear Channel or Fox News are threatened with things like the Fairness Doctrine, but are against it when nipples slip out.

      Americans probably take a rather balanced view on the matter of gun control. But in the political dialectic in the USA, Conservatives take the role of liberalizing gun laws as opposed to Liberals, who take the role of strengthening them. This is why, for instance, Bush's DOJ produced a document explicitly claiming that the 2nd Amendment protects an individual's right to bear arms, a highly contentious and even "novel" position (though one that I agree with personally).

      During this dialectic while defending gun ownership or the right of Rupert Murdoch to propagandize on TV, a Conservative will consider themselves to be some kind of haughty Constitutional scholar, while 5 minutes later they will pick up the paper, discover that the 4th Amendment has evaporated, and smile and nod, as if it all makes sense.

      They have been fooled into thinking that taking instructions from the talking box is the same as actually understanding what it is to understand the Constitution. Or for that matter, understanding what it means to be an American, or to respect or defend our freedom, or meet their responsibilities as a citizen.

      The people who oppose censorship, gun control, the warfare state, etc., are libertarians. They often get called "right wing" by the left, but they also get called "Communists" or "left wing" by the right.

      I'm not a Leftist, which is a mistake a lot of people from the Right make. But I'll add that Conservatism as a movement attempts heartily to appeal to highly contradictory groups, and has in a large part succeeded in doing so for many years despite the apparent necessity of collision. Libertarians get to pretend the government will shrink, while Fundamentalists get to pretend their church can take over the government, and everybody votes for Bush. For some reason neither worries much about the other. It does seem rather bizarre, I admit. But it is counter-productive to distract from the Contradictions in the Conservative platform by pointing out the rather obvious fact that politicians don't follow their own codes. This is about what many Conservatives, regardless of their background or where they come to it from, actually believe - not about what they get for it.

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      Tired of Political Trolls? Opt Out!
    8. Re:What happened to "Government = Evil"? by Anonymous Coward · · Score: 0

      Do you talk with Terrorist in the middle east on the phone? If not, don't worry, no ones listening to your calls.

      And you know this how, exactly? Or do you just enjoy talking out of your ass? Recall that prior to being exposed for this warrantless wiretapping, Bush flat out lied to the American people, claiming that the govenment was obtaining warrants for all wiretaps. The point is, if we have no due process, then we can't know what the hell is really going on. Second point is, you are too fucking stupid to live.

    9. Re:What happened to "Government = Evil"? by Anonymous Coward · · Score: 0

      Has everyone forgotten why we have these laws? We saw the consequences of not having them not that long ago. Most people who saw the civil rights movement and Watergate are still alive today. Collective amnesia?

      Collective amnesia? Nah, its just all that pot that they were all smoking... damn hippies, ruining the country for the rest of us with all their 'peace' and 'love' and 'flower power'... When will people learn!

    10. Re:What happened to "Government = Evil"? by KenSeymour · · Score: 1

      During President Bush's re-election campaign, he stated that
      his government was obtaining warrants for wiretaps.

      More recently, he as admited that they are not getting warrants
      but that they are only listening to people who have dealings with
      al-Queda (note: not just any terrorist group)

      Given that he, arguably, has lied once about this issue, how certain
      are you that a year from now we won't the president saying
      that they only wiretapped people with dealings with al-Queda or
      who are involved in political groups that undermine the
      government's ability to fight the war on terror?

      The Nixon administration infiltrated political groups that were against
      the Vietnam War. The result of that was the FISA law.

      The president believes that he is not subject to the FISA law but did
      not advertise that fact until news reporters found out about it.

      This powers we let the current president have are the powers that some
      future, and possibly liberal, president will have.

      --
      "We can't solve problems by using the same kind of thinking we used when we created them." -- Albert Einstein
    11. Re:What happened to "Government = Evil"? by Hippy-Liberal+Hater · · Score: 1

      On December 16, 2005, The New York Times printed a story that, under White House pressure and on the authority of an executive order from President George W. Bush, the National Security Agency had been conducting warrantless phone-taps on people in the U.S. calling people outside of the country, in an attempt to combat terrorism. [2] Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications. The above is from wikipedia; about the original NY Times report. http://en.wikipedia.org/wiki/NSA_warrantless_surve illance_controversy#The_New_York_Times_reports Warants are still needed when both parties are in the US. Like I said, if you are not a suspected terrorist and are not calling suspected terrorist outside the country, you don't need to worry. They could get a warrant if they knew who all the terrorists are, but they don't. So they monitor for certain code words during international calls from suspected terrorists, and if they find one, humans listen in on the conversation to see if it poses any threat. It would be a waste of time and impossible to get a warrant each time they heard one of the code words. Don't let your hatered of Bush get in the way of the truth and of common sense.

    12. Re:What happened to "Government = Evil"? by Hippy-Liberal+Hater · · Score: 1

      When you say bush lied before, what are you talking about. WMD - he never lied about, the info from the clinton admin was wrong and every other country around the world. Wrong info doesn't = lying. If what you proposed happens, then it would be illegal, since it doesn't pertain to national security. You could come up with a million what if's, but unless it happens, why jump to conclusions.

    13. Re:What happened to "Government = Evil"? by KenSeymour · · Score: 1

      When he was running for re-election, he said that his government did not
      conduct wiretapping without a warrant.

      Now he is saying he doesn't need a warrant.

      The first statement, during the campaign, is the lie to which I am referring.

      --
      "We can't solve problems by using the same kind of thinking we used when we created them." -- Albert Einstein
    14. Re:What happened to "Government = Evil"? by chihowa · · Score: 1

      So you're saying that because the government tells you they're breaking the law for a good reason, then it's all right with you... no questions asked? Why can't they do this legally (by the letter of the law)?

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    15. Re:What happened to "Government = Evil"? by mpe · · Score: 1

      According to the authoritarians the 9th and 10th Amendments were obviously written only to assuage those whom they can ridicule as "conspiracy theorists".

      Especially ironic given that the whole "War on Terror" is based on (government backed) conspiracy theories. Some, such as the Al Quada/Iraq alliance, where just daft.

    16. Re:What happened to "Government = Evil"? by Descalzo · · Score: 3, Insightful
      Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?

      This begs another question: Why is it that so many liberals are willing to completely and lovingly give up their own and others immediate right to enjoy their rights of property (taxes), but fly off the handle when there is any kind of perception of obscure rights-trampling, even in time of war?

      I think your question shows your inability to really look at what conservatives think. People often chalk it up to ignorance, stupidity, or even evil, when that's not the case. In your example, you berade the conservatives for mistrusting the government in one way, but not another, when you mistrust the government in one way, but not another. The conservatives want their rights respected (right of property), but are allowing the government to disrespect the rights of suspected terrorists (right to due process). Allow me to assume you are a liberal. The liberal view would be to disrespect the rights of the conservatives to their property while respecting the rights of the suspected terrorists to due process. You would trample (by degrees) the rights of all to their property, while protecting the rights of some (the suspected terrorists) to their due process.

      I have purposefully misrepresented the issue a little bit (I apologize if I went too far, but if I did, so did you), but I hope I made my point: niether you nor the conservatives are interested in the rights of ALL. Your post simply shows that by your own standards (respecting rights), you are as guilty as those you oppose.

      Now, to answer your question: Seriously, why is it that so many conservatives don't trust that stupid, evil, wasteful government to run a social program (just give me my taxes back!), but trust them completely and lovingly to tap your phone or imprison you without trial?

      Perhaps it is because they see excessive taxation as a direct, constant infringement of their right to property (and the liberty that comes with it), while they see the infringement of the rights of a few (the suspected terrorists) as a necessary sacrifice to ensure the right to life of the citizens of the US.
      Another thing that goes along with this: those who support the illegal wiretapping don't think that it will come back to bite them.

      --
      I cried real tears when Li Mu Bai died.
    17. Re:What happened to "Government = Evil"? by jabster · · Score: 1

      FISA hardly ever said no.

      Not true.

      FISA refusals under Bush have increased roughly 10-fold than under any previous president.

      -john

      --
      Slashdot: you'll not find a more wretched collection of villainy and disreputable types...
    18. Re:What happened to "Government = Evil"? by jabster · · Score: 1

      You might want to look at this regarding the 72-hours provision as well.

      http://powerlineblog.com/archives/012770.php#01277 0

      -john

      --
      Slashdot: you'll not find a more wretched collection of villainy and disreputable types...
    19. Re:What happened to "Government = Evil"? by Concern · · Score: 2, Insightful

      Why is it that so many liberals are willing to completely and lovingly give up their own and others immediate right to enjoy their rights of property (taxes),

      A fair enough question.

      The answer is, the last several hundred years.

      You see, the reason taxes and other forms of collective enterprise and wealth redistribution were written into the constitution, but searches without a warrant and imprisonment without trial were not, is that human beings were basically fucking miserable living in the kind of world Libertarians want to go back to.

      I do notice your language seems a little more Libertarian than Conservative. Conservatives want taxes every bit as much as Liberals do. They just want different amounts, and they have different priorities. Missile shields, for instance, or religious education.

      I don't want to dismiss this point too casually - you seem like a smart guy and I would certainly enjoy indulging you in a discussion of the finer points of this. But let's not get bogged down just yet.

      but fly off the handle when there is any kind of perception of obscure rights-trampling, even in time of war?

      So I take it, demanding we obey the constitution is... flying off the handle?

      Presidents breaking their oath of office and breaking black-letter law to spy on Americans... "obscure" rights trampling?

      You have quite a patriotic gift for language, I must say.

      Let me put it this way. You appear to believe the fallacy that you can break these fundamental parts of the law "just for terrorists."

      That's absurd, it's juvenile, and frankly, I sense from your genearlly intelligent response that it's beneath you to suggest it.

      The worst part is, you know at the outset that you are wrong. If a president wanted to spy on terrorists, then he should have no problem getting it cleared with FISA. He didn't, and you know perfectly well why.

      Anyone who has read any history, let alone American history, knows why. Unchecked power is always abused. It's like gravity or the weather. It has always been that way, and it will always be that way.

      And this is why it is especially painful to hear Conservatives (who speak about it so much I'd suggest anyone can understand it by now) be so distrustful of the government to run an elementary school, something they did for years, and notably well at one time, but with arm extended in salute, loyally surrender their rights to the FBI, which consistently abused its power for years, getting involved in politics and crime from days gone by, rather notoriously up to the civil rights movement, to Watergate to the day we passed the laws Bush is breaking, and ended it.

      Ended it until now, that is.

      In your example, you berade the conservatives for mistrusting the government in one way, but not another, when you mistrust the government in one way, but not another.

      But this is exactly wrong. I mistrust the government both ways, and you do not.

      I am very much skeptical of the government's abilities no matter what it is trying to do. I understand its limitations very well - something your labelling me as "Liberal" seems designed to confuse and obscure. I have no boundless trust in its abilities and desire it to considerably smaller than it is, perhaps almost as small as you do. I am realistic about it, though. You need it, it's important.

      This is why I am a firm believer in transparency, checks and balances such as a strong and independent judiciary, a well-educated electorate, a free press... you know, the Bill of Rights. American sorts of things.

      Unlike Bush, and do I gather, unlike you?

      You would trample (by degrees) the rights of all to their property, while protecting the rights of some (the suspected terrorists) to their due process.

      Here I really must congratulate you. You've demonstrated an excellent grasp of Karl Rove's basic theory of American politics.

      a) make all opposition Liberals, who are presumably all the same

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    20. Re:What happened to "Government = Evil"? by Descalzo · · Score: 2, Insightful
      The mistake I made was to assume you were a Liberal. I was attempting to sound as extreme as I did to make a point, not to put forth my philosophies. I asked a question that was grossly unfair (flying off the handle, obscure freedoms) because I thought your question was unfair.

      So let me set the record straight:
      I think President Bush should uphold the law. Even the ones that make his job a little more difficult.
      I am proud to pay taxes.
      I could also do with a little less pride.

      Rereading my post, I did sound Libertarian, didn't I? No, I don't know that you can call me that. I find it harder every day to find a political idealogy that I can subscribe to. Again, I was trying to sound extreme, as I thought you were doing.

      "This is why I am a firm believer in transparency, checks and balances such as a strong and independent judiciary, a well-educated electorate, a free press... you know, the Bill of Rights. American sorts of things."

      I also want transparency, etc. "Here I really must congratulate you. You've demonstrated an excellent grasp of Karl Rove's basic theory of American politics. a) make all opposition Liberals, who are presumably all the same, and presumably all wish for a Sharpton/Clinton ticket in 2008 b) make all Liberals the friends and protectors of terrorists."

      Doesn't it look like you are doing the same thing? You seem to think that all opposition to your idea are Conservatives or Libertarians, presumably supporting all that Bush and Cheney do, and making all Conservatives and Libertarians the enemies of our constitutional liberties.

      To be fair, I think this country is becoming more and more polarized into those camps. That which you call Karl Rove's theory is becoming true, as far as I can see. Hopefully it is a long way off.

      --
      I cried real tears when Li Mu Bai died.
    21. Re:What happened to "Government = Evil"? by Concern · · Score: 1

      Again, I was trying to sound extreme, as I thought you were doing.

      I think this a moment for extremity. What we do now sets the tone. Not only human rights and founding principles are at stake, but a basic first-world respect for the law. If this all gets swept under the rug, then this just became a very different country than millions of people fought and died for.

      Doesn't it look like you are doing the same thing? You seem to think that all opposition to your idea are Conservatives or Libertarians, presumably supporting all that Bush and Cheney do, and making all Conservatives and Libertarians the enemies of our constitutional liberties.

      No, no, my comments are directed at Conservatives who have contradictory and ridiculous ideas, often quite vehemently held forth upon. Not really Libertarians at all. It's harder to pin down what that label means in my experience, but most of my Libertarian friends seem perfectly happy dismantling the FBI as well as the IRS. This is at least consistent, and you can at least have a discussion about it.

      I'm afraid ultimately polarization is just a symptom of a general decay. A crumbling educational system, a sense of apathy and entitlement, a profound ignorance of basic facts and rhetorical techniques... problems which feed back into and accellerate each other. We are rejoining the 3rd world, unless we turn it around.

      --
      Tired of Political Trolls? Opt Out!
  53. Re:CNN by WindBourne · · Score: 2, Insightful
    Because in the free market economy, that is the job of private business, not government

    Good point after all, our canels(I forget which president started that system), our highways (Eisenhower), the panama canel, our flying capabilities(DOD), our space capabilities (NASA), our oil based Automobile(DOD supporting trucks), our nuclear power (DOD-DOE) were all developed by private enterprise and nothing came from the gov.

    Even though I am a long-time libertarian, I will say that there are times where gov. make sense. One is to help push us off oil.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  54. Re:CNN by Anonymous Coward · · Score: 0

    PLEASE take into consideration who was saying it and why. Everyone in the military is familiar with this type of answer...Official Leadership Answers. Your upper leadership can't tell you how screwed up things really are, because then it will begin to affect how well you do your job. It puts senior leadership in a terrible position of having to balance keeping the troops motivated and getting the situation fixed, if its even something they can affect. Sometimes they just have to keep everyone moving and just wait for the situation to get better, but if they reflect their views of a bad situation downward...it will surely only get worse for the troops in the field. Think about what would happen if Bin Laden's next tape said 'We cannot defeat the coalition forces, we cannot maintain this fight much longer' Works both directions.

  55. the best reporting i've seen... by sammy+baby · · Score: 1

    The best reporting I've seen on this topic has come courtesy of blogger Glenn Greenwald. He's a lawyer who has gone into pretty exhaustive detail on his site about the nature of the FISA legislation, and his analysis of the administration's arguments.

    The short version: he doesn't buy it. More specifically, he has catalogued and refuted pretty much every argument that has been used to defend the adminsitrations actions, ranging from the schizoid("No, really, the surveillance complied with FISA, even though the President himself admits that it doesn't"), to the merely bizarre ("Congress gave its authorization to this program when it Authorized the Use of Military Force (AUMF) against terrorists.")

    A quick look back through my posting history will reveal my political bias, so it shouldn't be too much of a surprise that I'm siding against the administration on this one. But Greenwald's work on this subject, to my knowledge, hasn't been equalled anywhere on the internet.

  56. Can't we just kill their signal to noise ratio... by mary_will_grow · · Score: 1

    ...by just stuffing our emails and phone conversations full of Bad Words like bomb/terrorism/bush-daughters-drunken-incest-orgy? ?

    Then it won't be effective to continue spying on joe sixpack...

    Anyways, I just started it, didn't i? And if you quote me in you're reply, you'll help to! :)

    --
    Why stick up for big business?
  57. In other news,the Restroom Safety Administration.. by Anonymous Coward · · Score: 0

    The Restroom Safety Administration established new policies today requiring all visitors to public restrooms to consent to sodomy with a plunger handle before being allowed to use the facilities. When asked about possible negative public reaction RSA commissioner Hugh Jass replied, "All I know is that the terrorists attacked us September 11 and our public restrooms are at risk. Who knows what the terrorists have hiding up there. I believe that the american people will tolerate a minor inconvenience to help defend our freedom."

  58. Wow, Godwin's law already! by ChePibe · · Score: 1

    Bingo! Hitler did it, it's terrible!

    Hitler also greatly expanded the Autobahn highways - are you against large interstate highways as well?

    I'd suggest some reading on Godwin's law. If you want to argue against something Bush or any other leader does, that's fine. But using the Nazis is deliberately inflamatory and should be considered "flamebait", in my opinion.

    1. Re:Wow, Godwin's law already! by javamann · · Score: 1

      100 million people - big highway

      I don't know, that's a hard one. From what I remember, someone else made the trains run on time too.

    2. Re:Wow, Godwin's law already! by Jim+in+Buffalo · · Score: 1

      But there's old adage that those who forget history are doomed to repeat it. Hitler had tremendous popular support throughout the 30s, even here in the USA, and when I hear of people granting Bush support for his domestic spying operation, I am reminded of Germany's slide toward totalitarian fascism prior to WWII. The story seems to keep changing... "The Constitution gives me the right. Oh, it doesn't? Oh, well, Congress gave me the right. What? They didn't? Oh, okay, terrorism gives me the right." Terrorism's the fall-back argument for everything now, and I find that pretty scary, since it can be used to justify absolutely anything.

      --
      This sig, aah-ah, is comin' like a ghost-sig...
    3. Re:Wow, Godwin's law already! by Jim+in+Buffalo · · Score: 1

      Has anyone taken Rush Limbaugh to task for calling feminists "feminazis"? If not, they probably should.

      --
      This sig, aah-ah, is comin' like a ghost-sig...
    4. Re:Wow, Godwin's law already! by Darby · · Score: 1

      If you want to argue against something Bush or any other leader does, that's fine. But using the Nazis is deliberately inflamatory and should be considered "flamebait", in my opinion.

      Well, then you're an idiot IMNSHO.
      When there are valid parallels to draw, then they should be drawn. How the fuck else do you learn from history if you aren't allowed to talk of such things?!?
      Seriously WTF.
      The Nazis did a lot of bad crap. Killing the Jews was only one of them. Taking your approach allows people to get away with anything as long as they don't kill Jews.
      Oh no, we certainly don't want to point out fascism that doesn't involve genocide it's too scary. Much easier to just bury your head in the sand.

    5. Re:Wow, Godwin's law already! by ChePibe · · Score: 1

      And in my far less than humble but at least somewhat informed opinion, you're a simple partisan fool.

      Are there valid parallels to draw? Let's take a look at the facts:

      The post I responded to regarded the invasion of Poland under Hitler's claim that they were a "terrorist" state. A basic study of history - something you claim to cherish, but obviously fail to understand - would demonstrate several reasons HItler's regime used to invade Poland. None of them involved terrorism. The invasion of Poland had a great deal to do with irredentism rather than a perceived threat to security. Drawing parallels between the Nazi invasion of Poland - a state no one claimed was a threat, only holding what once belonged to Germany - and Iraq - a state that many believed to be in possession of Weapons of Mass Destruction in violation of previous treaties - is absurd at best. It's commonly thrown about by hacks such as yourself, who cry, "but we must remember history!" and then fail to understand it. But let's continue.

      "Taking my approach" means providing proportionate comparisons for an individual. I would not compare a simple thief to a mass-murderer who was also guilty of theft.

      If you want to draw comparisons of Bush on the wiretapping issue, then lay off the hyperbole and look for a similar situation in the past. Look for presidents or individuals who committed similar acts but didn't, say, kill millions of people in death camps and invade country after country in a single-minded attempt at conquest for conquest's sake and build up a massive cult of personality around themselves. Go ahead and accuse Bush of doing all this if you want to - it will only reveal you to be an even greater partisan hack with no grasp on history.

      Could you compare Bush to, say, Nixon? Sure. It doesn't fit entirely, but on this issue it could work. How about J. Edgar Hoover? Seems reasonable. Or some of FDR's actions during WWII? Makes sense. I'm sure there are dozens more, many of them much less savory.

      To just cry, "Hilter did it!," is idiotic and simplistic. Hitler did a lot of other things as well and the implication is that Bush (or whoever is being compared to Hitler) is as morally reprehensible as Hitler and that the person in question either has or will commit those same acts. It also shows a lack of depth in your study of history - is Hitler the only "bad man" you know of? Were your parents acted like Hitler when they imposed a curfew - he did that too, you know!

      Your thinking is anachronistic and simplistic. It's sad, but I can hardly expect better these days.

      Goodbye karma - I said something that may offend the Bush = Hitler crowd...

  59. What is missed there by WindBourne · · Score: 1
    "Would you be willing to have the government scan your phone calls IF IT WOULD CATCH BIN LADEN TOMORROW AND BRING WORLD PEACE? Yes, or no?"

    And yet, we are seeing a host of new issues pop up all over the world (Palastinians, Venezula, Chile, etc). There can never be world peace. So I would vote no, just due to the inability to have this.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  60. Holy Partisan Moderators, Batman! by JeanBaptiste · · Score: 1

    I fully expected to get modded down for my parent post, but wow, flamebait?

    Flamebait?!?!?

    I thought my post was reasonably well thought out and non-offensive.

    Crap, a viewpoint that isn't the same as 96% of the slashdot groupthinkers! I guess thats flamebait!!!1!

    yeesh.

    1. Re:Holy Partisan Moderators, Batman! by ChePibe · · Score: 1

      What did you really expect?

      You said something against DNC talking points. Now, you'll be flamed (and modded down) by those who simply cannot understand that 3,000 people are dead.

      If another attack occurred, the complaint would be that the president was doing nothing. If no attacks occur, the president is engaging in fear mongering.

      I also like how monitoring international phone calls is equated with torture, prison, etc.

      Don't worry - there are other sane people on slashdot. Sadly, it would appear that relatively few of them have mod points.

    2. Re:Holy Partisan Moderators, Batman! by Anonymous Coward · · Score: 0

      "Holy Partisan Moderators, Batman!"?

      Ever consider that this one has nothing to do with partisanship, and people just think you're flat wrong here?

      There is no "-1 Wrong" modifier, so getting a mixed bag is par for the course here. You say you were expecting to get modded down... what negative mod types were you expecting?

      For the record, I agree completely with Bodysurf. The whole point is we don't KNOW if this is just being used for Domestic->International, because they're sidestepping the body designed to authorize this activity.

      All reports indicate the FISA court grants warrants quickly and efficiently, and can even be used after the fact when speed is critical. Thus it is logical to conclude that the motive to avoid getting FISA warrants is not a desire for efficiency, but to bypass the approval process and leave no record.

      If you think that kind of unchecked power would never be abused by a government in an unethical manner (eg, spying on political opponents) you sir are extremely naive. Bush claims he has this power because we are at war. The perpetual War on Terror is no more a legal war (which is a state of conflict with a soverign state, not a group, individual, or ideology) than the War on Drugs. The Bush admin is trying to use the War on Terror as a blank check for unlimited powers.

      "If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
      - James Madison

      Wake the f up.

    3. Re:Holy Partisan Moderators, Batman! by Anonymous Coward · · Score: 0

      We do not KNOW this is being used only for international calls. That's the whole point.

      If this was only being used for proper purposes, there is no reason not to go through the FISA court.

      If there is ANY indication that FISA is not fast enough for this pupose (there are no such indicators, btw), they should make FISA faster. Not circumvent it.

      Funny how us "insane" people are using simple logic, and you're the one making character attacks, accusations of partisan bias, appeals to emotion & fear, and ignoring the actual real issue.

  61. the president likes fishing trips by TheGratefulNet · · Score: 1

    I think thats it, in an nutshell.

    following the law means that EVERY phone # has to be registered and logged and approved. that works for 'countable' amounts of things - if there are 5 or 50 or 500 phones you want to tap.

    but what if he wants to tap ALL phones and just go on a fishing expedition, trying to find ANYTHING that can be used against people he wants to target? of course (!) this has nothing to do with 'war on terror'. this is fallacy by extension - there is no link to monitoring phone calls of RANDOM US CITIZENS and being able to stop people in the middle east who are ideologically opposed to our very existence.

    think about it - if the amount of calls that bushie wants to snarf in on are SO huge that it would look highly suspicious to any court - THAT is why he is side-steppign this fisa stuff.

    isn't that obvious once you think about it?

    any time the pres wants a 'free hand' you should be VERY VERY SCARED. nothing good can come of it - it totally ruins our checks-and-balances. ie, runing the very CORE of what makes america great.

    --

    --
    "It is now safe to switch off your computer."
    1. Re:the president likes fishing trips by Anonymous Coward · · Score: 0

      You really need to go learn the facts before freaking out over the socialist propaganda you hear on a daily basis.

      If a phone call comes into the USA from a known or suspected terrorist in a foreign country then it can be monitored. It does not mean every call inside the USA from every person to every person can be monitored. If you regularly get phone calls from Al Queda then I can see why you would be scared. Please leave your name and address here so the FBI can respond you more quickly.

      If you really honestly believe that our government has the time, manpower, resources, and patience to listen in on any ol' telephone conversation then you need help. Do you have any idea how many conversations happen on a regular basis? Do you have any idea how futile a "fishing expedition" would be? Have you even sat down and thought about this rationally or are you simply reacting to a sound bite from some talk radio host right after being emotionally moved by a speech from Cindy Sheehan?

      I suppose you also believe there is a building underground somewhere full of secret technology given to us by the aliens from Area 51 that allows us to actually pay attention to millions of conversations a minute looking for that one where two people are speaking in plain english about a terrorist attack. Please, use your brain. Just this once. It doesn't hurt I swear.

    2. Re:the president likes fishing trips by Anonymous Coward · · Score: 0

      You really need to go learn the facts before freaking out over the socialist propaganda you hear on a daily basis.

      This is an excellent way to start an informed argument.

      Now that I got my sarcastic shot out there, I'll explain why I am freaking out over the actual issues.

      You say that only international calls are being monitored. That may or may not be true, we have to take the administration's word for it. If this was the Clinton Whitehouse, I still wouldn't take their word for it. The government is listening in on calls, invading our privacy, without oversight. There is no independent review, not even a secret one as proposed by FISA. Can you honestly say you know exactly what the administration is doing? Is this simply a matter of faith? I don't like having faith in my leaders; I require proof of their good intentions.

      Regardless of the law, this is simply scary, very very scary to me. It's scary in a visceral way, and would be even if I supported Bush. I'm not inclined to trust those in power to a great extent, particularly when it is revealed that they are conducting secret searches of anyone. It's not necessarily rational, but it is very real.

      It's also good that this is getting out, and people are, hopefully, thinking about it. It would be nice to have some honest debate about freedom in times like these. If people can truly justify the actions of this administration to themselves without resorting to partisan resolve, then good on them. I hope everything works out. It's not like that for me. I'm not a conspiracy theorist, but I am still fearful of the power people hold over me.

    3. Re:the president likes fishing trips by TheGratefulNet · · Score: 1


      If you really honestly believe that our government has the time, manpower, resources, and patience to listen in on any ol' telephone conversation then you need help.


      are you done with your condescending and all-knowing attitude?

      I work in the datacomm (networking) industry (routers, switches, etc) and have been for 15 yrs now. I'm no babe in the woods. I know what can (and is) done, at the port mirroring and packet capture level. (do you?)

      oh, and I'm also not posting as an AC. you think posting as an AC is going to win you cred points?

      go ahead and take, at face value, what you hear from the administration. they tell you its only international calls. do they have a good track record of honesty and disclosure?

      google 'republican loyalty oath' and tell me that this admin. has a track record of transparency and honesty/full disclosure.

      --

      --
      "It is now safe to switch off your computer."
  62. Judge Alito == no private rights by Anonymous Coward · · Score: 0

    Monday appears to be the vote for his ascendance to the US Supreme Court. Contact you senators and tell them what you think.

    http://www.democraticunderground.com/

    1. Re:Judge Alito == no private rights by Anonymous Coward · · Score: 0

      No private rights? Does that mean you won't be able to post as AC anymore? OMG!

  63. Re:I don't see the big deal... by THEUBERGEEK · · Score: 1

    You are either joking or stupid, seriously. If I am calling overseas, unless the govt has firm evidence that I am breaking the law, they have no business listening to my calls. My PRIVATE conversations are exactly that..PRIVATE. The govt's "suspicions" that someone MIGHT POSSIBLY be potentially connected to someone that MIGHT POSSIBLY be potentially connected to a "terrorist" is not a good excuse to break the law.

    --
    Talking to Geeks is like eating jello with a chainsaw, interesting, but painful.
  64. Re:Please stop... by scheming+daemons · · Score: 2, Informative
    This "Bush is violating my civil rights" nonsense is getting pretty damn old. Any lib would be very hard pressed to name a single "civil right" that they have lost since Bush was elected. You can still have any religion you want, you can still say anything you want, you can own a gun, you don't have to testify against yourself, you can own land, you can vote for whoever you like, you can hang out with whoever you like, you can talk crap about the govt everyday...and you can do all this without fear of retaliation from the govt.

    So please, stop promoting the left wing dogma that your rights are somehow being violated...unless you have some kind of proof that specifally YOUR rights have been violated.

    I can be arrested and detained without cause, indefinitely, if the government decides to label me a "terrorist".

    Due process is gone.... if the government decides that by posting this message, I am indeed a "terrorist", I can be locked up... without due process, without being allowed to contact my lawyer, without access to my family, and without the ability to post bail... indefinitely.

    There's one civil right gone. 5th Amendment... blown to bits.

    How about this one: My phone can be tapped, without probably cause, simply because the other end of the phone call is overseas (or not, we don't know for sure since Bush/NSA isn't letting the FISA court see what calls they're tapping). 4th Amendment.. ripped to shreds.

    Quit drinking the Limbaugh koolaid. If this was happening under a Democrat President, you and your buddies in the Michigan militia would be storming Washington. You got impeachment proceedings started for far less.

    --
    "I have as much authority as the pope, I just
    don't have as many people who believe it" - George Carlin

  65. Loaded Poll Questions. by RingDev · · Score: 2, Insightful

    Do you approve of using wire taps to stop terrorist attacks:
    [ ] Yes
    [ ] No

    Me personally, I would check Yes. Now if the poll was:

    Do you approve of wire taps on US citizens inside the US with no oversight outside of the Executive branch of government?
    [ ] Yes
    [ ] No

    I would check, circle, draw arrows to, highlight and in all possible ways indicate No.

    Using the FISA court to issue warrents and have at least SOME level of oversight is important to me. Mind you, this time last year the ACLU was pitching a loaf over the "secret court" and lack of oversight.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  66. All part of being a "uniter"... by javaxman · · Score: 1
    You see, G.W. has found something that people on both the extreme left and the extreme right can agree on; wiretapping phone conversations of U.S. citizens without a court order isn't legal.

    I mean, who else besides G.W. Bush could get a Hoover Institution fellow like Larry Diamond siding with the ACLU in a court case against the administration ? It's amazing what the man won't do to unite the country!

    And to those who are saying what G.W. has authorized is somehow legal because of various 'loopholes' ( one side of the call is outside the U.S., always, trust us... or even more absurd "we're at war, anything is OK" ), uh, be honest. Neither of those conditions is exempt in the federal law. Is a U.S. phone line being tapped ? Guess what you need ? A court order!

    What's really, really mind-blowing here is that the NSA ( or whoever ) can easily get a warrant even after the call is monitored. And, uh, has a request for such a warrant ever been turned down? So... it's not like the NSA couldn't have done the exact same spying without breaking the law... what's the real reason these taps are being done without a warrant ??

    As for the poll... yea, I don't care about my karma so I'm going to guess those folks who think this is OK are the same who think evolution is just some crackpot theory. It's just pretty safe to figure about 50% of anyone, anywhere, will believe anything they're told to believe.

    1. Re:All part of being a "uniter"... by Anonymous Coward · · Score: 0

      What's mind blowing is your inability to actually gather facts. The only calls being monitored are ones coming INTO the USA from a FOREIGN nation that originate from a known or suspected TERRORIST. You remember what a terrorist is, right? It's those people that flew two planes into the WTC. They're generally known as the "enemy". You know what the word "enemy" means right?
      There is only one reason that can exist for anyone to be against this, and that is if you are a terrorist or a supporter of terrorism and you recieve phone calls from Al Queda. Care to make an admission here so we can get you picked up and shipped off to Guantanamo? If you don't recieve phone calls from Al Qaida then you have nothing to worry about.

    2. Re:All part of being a "uniter"... by Bassman59 · · Score: 1
      What's mind blowing is your inability to actually gather facts. The only calls being monitored are ones coming INTO the USA from a FOREIGN nation that originate from a known or suspected TERRORIST. You remember what a terrorist is, right? It's those people that flew two planes into the WTC. They're generally known as the "enemy". You know what the word "enemy" means right? There is only one reason that can exist for anyone to be against this, and that is if you are a terrorist or a supporter of terrorism and you recieve phone calls from Al Queda. Care to make an admission here so we can get you picked up and shipped off to Guantanamo? If you don't recieve phone calls from Al Qaida then you have nothing to worry about.

      If what you say is true -- and I don't believe it for a nanosecond -- then why does Bush need to do an end run around the Constitution and a law which lets him do what he wants provided he gets a warrant after the fact? Just because Bush says that they're only listening in on calls from known terrorists doesn't mean that it's true.

      If Bush said, "The sky is blue," I'd have to go outside and check.

      The only reason for going around FISA is that they ARE spying on whomever they want and they don't want anyone to know about it.

      Impeach, convict, execute. It's the only way to be sure.

    3. Re:All part of being a "uniter"... by javaxman · · Score: 1
      If you don't recieve phone calls from Al Qaida then you have nothing to worry about.

      Uh, yea, there's a reason that guy's posting as an AC, and it isn't because he's really, really clever...

  67. Non-transparent regimes by FungiFromYuggoth · · Score: 2, Informative

    It's an open question as to whether any purely domestic conversations have been tapped; the administration has claimed not, but there have been leaks to the opposite. There are also serious questions as to whether results from the warrantless wiretaps were used to seek later FISA warrants without informing the judges - causing one FISA judge to resign in protest. The program also seems to have changed at least once based on questions about its legality, so that even if warrants are sought for domestic wiretaps now it doesn't mean this was the case throughout the program. IMO, only an independent investigation by someone with a very high security clearance can sort it out for certain.

    Given that this administration seems to be treating vegans as terrorists and this warrantless wiretap program may have been the mother of all dead ends, skepticism is warranted. There are reasons why one branch of government isn't allowed to go off wandering on its own.

    1. Re:Non-transparent regimes by Marble68 · · Score: 1

      Either way, why would anyone lend credence to what the ACLU says - where one of the founders explicitly stated that the goal was a communist state, the elimination of property ownership, and sole control of wealth generation?

      And why would anyone not take anything the NYT says with a grain of salt? They stopped being a newspaper a long time ago and are now an editorial publication through and through.

      Supposedly, there's lots of precedence for this; I'll wait and see what falls out from this myself.

      --
      /me sips his coffee and ponders a new sig...
    2. Re:Non-transparent regimes by FungiFromYuggoth · · Score: 1

      Erm, why do you take serious what Bush and Gonzales say, when they've been proved wrong so many times before? After all, Gonzales signed a document that said whatever you do to a prisoner isn't torture if the primary purpose is to gain information. The US government has a history of interning aborigines in concentration camps against legal rulings (the trail of tears). Doctors once endorsed leeches to draw out bad humors - why go to the hospital if you are sick?

      Your argument about the ACLU is a weird non sequitur. Are you seriously arguing that this is the agenda of today's ACLU, or are you arguing that one (uncited) quote from decades ago by a "founder" discredits everything ever done by every member of that organization?

      I thought I was taking the NYT reports "with a grain of salt" unless by "grain of salt" you mean "ignore the commie bastards". This is the paper that brought us Judy Miller and Whitewhater - skepticism about its articles is definitely called for. I think the jury's still out on whether there was purely domestic surveillance, and to how useful the program was. But even if the surveillance had one leg internationally, that doesn't necessarily make it legal to surveil US persons without a warrant.

      The precedent argument is bunk - the cases were different in important legal aspects during the Carter and Clinton administrations. "Clinton did it!" is the last refuge of Republican scoundrels.

    3. Re:Non-transparent regimes by Marble68 · · Score: 1

      I didn't say I take Bush's and Gonzalez's word as gospel; I said that I'll personally take a wait and see approach.

      I assumed an ardent ACLU supporter would be more familiar with the organizations roots and their political stances. Heck! The ACLU even sided with Rush Limbaugh if you can believe that.

      Agreed, today's ACLU is very different from when it was founded; but at the same time many of the political fights the ACLU jumps into they tend to side on the more liberal / socialist side of the argument. But again, not that that is always a bad thing. (On a side note, I find it humorous that many liberals compare Republicans to NAZIs. The NAZI were a socialist party who built support after WWI by providing jobs to its members (HAMAS anyone?) However, the NAZI party of Germany was a socialist party that espoused right-wing ideology. Socially, they stood for liberal thinking (socialism), but only for those of German blood. (Nationalism) thus their name.)

      My point being, just as one can go too far to the right; so they can also go too far to the left.
      http://www.spartacus.schoolnet.co.uk/GERnazi.htm

      But, to site the quote:

      The ACLU's founder, Roger Baldwin, stated: "We are for SOCIALISM, disarmament, and ultimately for abolishing the state itself... We seek the social ownership of property, the abolition of the propertied class, and the SOLE CONTROL of those who produce wealth. COMMUNISM is the goal." (Source: Trial and Error, by Geo. Grant)

      http://www.google.com/search?sourceid=navclient&ie =UTF-8&rls=GGLG,GGLG:2005-47,GGLG:en&q=aclu+%22COM MUNISM+is+the+goal%22+%22Roger+Baldwin%22

      Not that the ACLU has not done anything good, America is big enough for many viewpoints; and in fact, I would argue, is my country's greatest strength. The ability to cherry pick the best of philosophies to form a amalgam of ideas that is this great experiment.

      I think we agree on the NYT. However, I do believe they are left leaning and tend to slant their coverage and stories to favor a leftist viewpoint. It's actually difficult, IMHO, to find a non-partisan source of information on current events today. Sheer volume of sources has made it so that to maintain relevance and circulation, most traditinal information / news outlets have migrated more to sensationalism and away from substance.

      In regards to the precedent being bunk, I'll hold judgement on that because IANA "constitutional" L. The two sites you link two are both heavily democrat party / liberal leaning sites. I don't know whose legal opinion they're handing out; which is why I think the whole debate is as hyped as it is because of the upcoming elections. Only time will tell (hopefully).

      But to provide perhaps a more authoritive source to compare to the two you provided:
      http://www.opinionjournal.com/editorial/feature.ht ml?id=110007703
      The Wall Street Journal:

      --- Begin WSJ quote ---

      The allegation of Presidential law-breaking rests solely on the fact that Mr. Bush authorized wiretaps without first getting the approval of the court established under the Foreign Intelligence Surveillance Act of 1978. But no Administration then or since has ever conceded that that Act trumped a President's power to make exceptions to FISA if national security required it. FISA established a process by which certain wiretaps in the context of the Cold War could be approved, not a limit on what wiretaps could ever be allowed.

      The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the c

      --
      /me sips his coffee and ponders a new sig...
  68. and in other news... by Anonymous Coward · · Score: 0

    and in other news... a survey taken in hitler's germany reveals mixed support for interning jews...

    seriously, is mixed support a justification for EVIL?

    get the freaking warrant, george - you know, the rule of law stuff? it doesn't just apply to everyone but you.

  69. Re:CNN by ScentCone · · Score: 1

    Surely if a war drags on for years, then for most of that time you weren't winning, in the usual sense of the word...

    Then it's a bad choice of a phrase. The "usual" sense of the word "winning," when it comes to a war, is the surrender/capitulation/removal of an organized entity against which you are opposed. This is a conflict, but it's unlike any other we've ever had to face. There's certainly no question that places like Iran and Syria are funding and encouraging the extremist groups that plan and carry out attacks in places like New York, Jordan, Madrid, Egypt, London, Bali, and so on. The conflict with these groups takes on two forms: the removal of regimes (like the Taliban) that provide safe harbor and the direct elimination of those pieces of the organization that are so desperate to set up shop again in another play pen of a country (like Iraq). To the extent that Iraqi police and armed forces are still getting up to speed, we have a vested interest in playing their role for them. To the extent that places like Iran, and groups like Hamas are taking active roles in polluting Iraq with out-of-town RPG-toting jihaddi wack jobs, we have to stick with it.

    You win a war once, then you stop

    Is that how you saw post-war Germany or Japan? We had a miliary-run local government in place for years, acting as police and defense until the local populations got it together. That took much, much longer than we've yet spent in Iraq. The stable form of government, Constitution and all, that we have in the U.S. was years getting hammered out. I don't think people are clear on how little time has passed. Similarly, I don't think people recall how little had to pass in taking down Saddam before Libya gave up on their little exported Pakistani-traitor-supplied nuke project, etc. This whole thing is much more complicated than a "simple" bit of business like historical war between established and recognized governments. Jihaddi/extremist crazies are a tough bunch to pin down, war-wise. It will take a generation, at least, of better-educated, election-holding, free-er-trading peace in the mideast for the crazies to stop looking for a spot to get traction and set up the next Taliban-run Afghanistan.

    --
    Don't disappoint your bird dog. Go to the range.
  70. its time to step back by Bauguss · · Score: 1

    First, I'm not sure how I feel entirely about all this. But my first thoughts are this. I support the idea of the spying that occurred. In the aftermath of 9-11 you had an Al Qaeda who must have felt very bold and very victorious. You would hope that in their victory they would become a little too comfortable with their "success". To publicly come out at the time and say we are going to step up our eavesdropping may have tipped them off to be more careful.

    However, it is time to step back and relook at things so we can move forward. We have all had time to adjust. (in fact IMO many have moved on so much that they are back into the pre 9-11 comfort of thinking things like that don't happen in America) The picture of the hooded students was one of the most effective pictures I have scene in a very long time. Those people deserve a pat on the back for saying everything they needed to without saying anything. So perhaps it is time we step back and rethink our methods and recognize that some of them crossed a line. I don't think anyone should be lambasted over this. Its just time to move wisely forward.

  71. Re:Please stop... by thatguywhoiam · · Score: 1
    So please, stop promoting the left wing dogma that your rights are somehow being violated...unless you have some kind of proof that specifally YOUR rights have been violated.

    Bush admitted it. He admitted to spying on Americans who were engaging in domestic conversaions. Not international terrorists, Americans talking to other Americans. What more do you want?

    So to answer your question - Privacy. 4th amendment.

    --
    If Jesus wants me it knows where to find me.
  72. Liar by flyinwhitey · · Score: 2, Insightful

    Why do you find it necessary to lie when the facts prove the point?

    "And for your fucking information, everybody on the planet except Bush and Gonzales has concluded he broke the law."

    That's a lie.

    "The analysis, by the Congressional Research Service, a nonpartisan research arm of Congress, was the first official assessment of a question that has gripped Washington for three weeks: Did Bush act within the law when he ordered the National Security Agency, the country's most secretive spy agency, to eavesdrop on some Americans?

    The report reached no bottom-line conclusions on whether the program was legal, in part because it said so many details of the operation remained classified."

    See that? The situation has many unknowns that require a thorough investigation.

    I love how assholes like you screech about "BROKE TEH LAW!!!!" while completely ignoring due process and making idiotic proclamations of guilt.

    Apparently you are so serious about enforcing the law that you're willing to ignore it to hang Bush.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Liar by SilverspurG · · Score: 0, Troll

      Kind of like how SCOTUS (for decades) and Bush (recently) have ignored the 9th and 10th Amendment limitations on their scope of authority?

      --
      fast as fast can be. you'll never catch me.
    2. Re:Liar by flyinwhitey · · Score: 1

      "Kind of like how SCOTUS (for decades) and Bush (recently) have ignored the 9th and 10th Amendment limitations on their scope of authority?"

      Boy, you're STILL a fucking retard (and a nutjob).

      You don't get to blast Bush for ignoring due process and then run your idiot mouth about "illegal" wiretaps that HAVEN'T BEEN FOUND TO BE ILLEGAL. I mean you can, but you're just as bad as Bush if you do.

      See that jackass? You are a hypocrite if YOU ignore due process (calling them "illegal" wiretaps) in an effort to prosecute Bush for ignoring due process.

      --
      How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    3. Re:Liar by SilverspurG · · Score: 1

      Nice name-calling rant. I hope you feel better about yourself.

      This isn't about due process. This is about scope of authority which he obviously doesn't have. Congress doesn't even have this scope of authority. These are simply things which the Government cannot engage in without a court approved warrant.

      --
      fast as fast can be. you'll never catch me.
    4. Re:Liar by Master+of+Transhuman · · Score: 1

      I refer you to the following article - moron:

      http://www.nybooks.com/articles/18650

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    5. Re:Liar by flyinwhitey · · Score: 1

      "I refer you to the following article - moron"

      Well, thanks for signing your post like that, it's gotta be tough to have a name like that...

      Also, how is it that you think posting a link to your article in any way refutes my article?

      MY point is that the situation is still unresolved, and legal scholars agree.

      Your point was that NO ONE except Bush and Gonzales think Bush's actions are legal.

      I proved you were a liar.

      Post all the links you want, my ONE quotation was enough to show you were full of shit. A hundred links won't change that, because I'll STILL have a quote that shows more people than Bush and Gonzales are unclear on this issue.

      --
      How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    6. Re:Liar by Master+of+Transhuman · · Score: 1


      Anybody who thinks the phrase "Bush and Gonzales" means only those two people and no one else - when it obviously includes cretins like yourself - is, well, a cretin.

      If you'd READ the article instead of jerking off, you'd see yet one more cogent explanation of why Bush's actions are utterly illegal.

      There literally is no issue on this. He violated the law much worse than Clinton ever did (well, at least as far as the MonicaGate scandal went - Clinton did worse than that, of course) - and I supported impeaching Clinton for being a lying sack of shit. Bush is infinitely worse.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  73. Does that apply to Social Security too? by taxman_10m · · Score: 1

    What part don't you get?

  74. Re:hmm-clues are needed; time to get out the Clue by BattleRat · · Score: 1

    I hear ya, but Congress would have to change the mission of the NSA. But the main point is this: there ARE NO LAWS BROKEN here. Call it an oversight, or a loophole, or whatever, but by definition of the current operations, it is legal.

  75. Just out of curiosity... by Alpha_Traveller · · Score: 1

    Why doesn't Bush do an end run around this situation another way?
    If he wants to detect communictions going on between other countries and our own, why not just set up Wiretaps outside of the US? Order the CIA to do something? You're the President aren't you?

    Surely he can get cooperation from other countries, then he wouldn't have to come to us for approval, and violate OUR civil liberties. :::tongue in cheek:::

    --
    "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
  76. Possibly missing the point. by Anonymous Coward · · Score: 0

    > All George had to do was run his requests through the court, and
    > everything would have been completely legal.

    I think you might be missing the point.
    There exists a scenario where they'd absolutely need to bypass the court, and that's automated, untargetted general wiretapping. Mind, nobody ever said they knew who to be suspicious of, or at least, not exhaustively enough to their taste. The whole point is probably to figure out who to promote from "ordinary American" to "suspected terrorist."

    Let's imagine, for instance, that the War worsens, and the government is forced by events to grant itself full emergency powers in its fight against Evil.

    Let's imagine that some people don't understand the need for our leaders to take such bold measures, and eventually decide to get together to overthrow the government, forcefully, if need be.

    They clearly qualify as terrorists.

    Well, the government would then conveniently know exactly who to arrest right away. And Freedom and Peace can be restored without losing precious time.

    And this would only be possible with blanket wiretapping, which I don't think the courts allow.

    Note: I don't personally plan to overthrow any government whatsoever. Honest. I'm only posting anonymously because I forgot my password. No shit.

  77. Re:CNN by Master+of+Transhuman · · Score: 1


    It's worse than that - Bush and the rest of his crime family have told us the phoney "War on Terror" will go on for DECADES.

    This is the essence of the state: "You do everything we tell you and give us everything you have and we'll protect you from the bad guys inside and outside our borders - and if there aren't any bad guys, we'll make some."

    Just read an article last night that pointed out that Hamas was SUPPORTED by the Israelis in the early days because they wanted to splinter the Fatah organization. Just like we supported the Islamists in Afghanistan because we wanted to splinter the Soviet Union.

    The CIA HANDED Iran plans for a nuclear bomb trigger. The cover story was, "Well, it has a flaw in it which will set back their program". The Russian scientist who handed it over noted the flaw in a note to the Iranians because he KNEW they would see it anyway - which means the CIA knew it too.

    None of this is accidental or a result of incompetence. It is the essence of the state.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  78. go get the facts before complaining by Anonymous Coward · · Score: 0

    Have any of you actually read what the government is actually doing? What they are actually doing is intercepting calls from known foreign terror related phone numbers to phone numbers within the US - then listening in. What do you actually expect the government to do - only listen to the foreign half of the conversation. So the US side says - were ready to take the target out on Thursday - and you expect that to be dumped - how stupid are you people.

    It has also been stated that there are about 500 of these contacts under observation. This is foreign related intelligence gathering - for heaven sakes.

    Maureen Doud wrote that the government was eavesdropping on her calls to her hairdresser. Get real - all the magazines, newspapers, news reporters are reporting what they want to report - not the facts. Kennedy and the rest are doing the same. If the democrats were in office - they would be doing the same and it would be legal - just like FDR wiretapped all overseas phone and telegram communications in Bermuda during WWII.

  79. Message to all terrorists from the HQ by Stan+Vassilev · · Score: 1

    Hi, since the US governments wants to tap phones randomly, we're switching to Google Talk effective as of tommorow.

    It'll be fun to watch them process tons of useless information.

    - Osama

  80. Re:CNN by Master+of+Transhuman · · Score: 1


    The problem is, the government is being run by the oil companies (and other associated scumbags with money.)

    You DO remember that Bush is from a Texas oil family, right?

    Dream on, that the government is EVER going to push us off oil (absent a fucking revolution in this country - which will probably end up like most revolutions, i.e., badly.)

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  81. Spook this ! by UberHoser · · Score: 0

    al qaeda, al qaeda,al qaeda, al qaeda,al qaeda, al qaeda,al qaeda, al qaeda, anthrax,anthrax,anthrax,anthrax,anthrax,anthrax,an thrax, dirty bomb,dirty bomb,dirty bomb,dirty bomb....... 'suddenly Uberhoser's door is kicked down and he is dragged away to be questioned for 3 years with no legal representation'

    --
    Guns are for wimps... Use a crossbow.. this way you can pin them to their chair when you go postal.
  82. Re:hmm-clues are needed; time to get out the Clue by SilverspurG · · Score: 3, Insightful

    No laws broken here? Are the 9th and 10th Amendments, the stop-bits on the Bill of Rights, really that meaningless to you? Do you not realize the importance they have on limiting the scope and power of authority?

    Congress cannot make any law which supersedes the Constitution. They have, and SCOTUS has upheld them, but in reality every single one of them is illegal.

    --
    fast as fast can be. you'll never catch me.
  83. The quoted question ignores the FISC totally! by ysaric · · Score: 3, Insightful
    The poll found that 53 percent of Americans approved of Mr. Bush's authorizing eavesdropping without prior court approval "in order to reduce the threat of terrorism";
    The FISC does not require prior court approval, it only requires court approval, which is the exact fact that makes most of Bush's defenses of this program worthless. It is also relevant to note that using the FISC (sealed proceedings) would not result in our enemies knowing the intimate secrets of our anti-terrorism tactics, which knocks out another of Bush's IMO weak defenses of this program.

    That Americans are not more generally outranged by this program calls to mind a relevant Ben Franklin quote during the 1787 Constitutional Convention:
    In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other.
    --
    Happy goldfish bowl to you.
    1. Re:The quoted question ignores the FISC totally! by WhiplashII · · Score: 1

      The FISC does not require prior court approval, it only requires court approval

      I have to say, this is what I find to be the most stupid part of all this. Either you require prior approval, or nothing in required. What does it mean that you need approval after the fact? What if they say no? So they can't say no. but you have to ask? What a dumb law!!!!!

      --
      while (sig==sig) sig=!sig;
  84. Re:Please stop... by drew · · Score: 2, Funny

    and you can do all this without fear of retaliation from the govt.

    Unless your wife works for the CIA.

    --
    If I don't put anything here, will anyone recognize me anymore?
  85. data mining by recharged95 · · Score: 1
    "Poll Finds Mixed Support for Domestic Wiretaps"

    Why? Well it's because this is the age of the information society, AND the American people do not have the capacity to understand what most data mining engineers do: that's information exploitation, which from the help of technology (i.e. computers), people have the capacity for gathering domenstic intel from businesses to your neighbor, likely to exploit you. The current administration, which has a direct relationship to the George H. Bush Center for Intelligence knows intimately about this, the basic notion that information == control == power.

    It's not information wants to free, but information wants to be exploited (implicity defining data vs. information!), hence you can be exploited. That is were the problem is, the gov't is supposed to safeguard your information, i.e. privacy (not protect you, BTW), but currently with the FISA laws and how the 'orders' were issued, it appears to be questionable.

    Back in 2001, a closed session of cleared congressmen, and a pork-barrel-like clause to change FISA would have solved this debate, cause I doubt citzens nor enemies are really reading the fine print in our current laws (as convoluted as they are). Instead, the administration came in cowboy style and ignored the system, and there's a critical reason why a system is there in the 1st place. Note, why things played out as well is because of the incapacity of our agencies to communicate "out of the box", non-linear in technical aspects. And that should have been fixed first before ignoring the system. We have 2 competing systems, domestic (Justice Dept) and international (DoD), and FISA was somewhat helpful in drawing the lines. It should have been reviewed back then...

  86. Re:Please stop... by Lendrick · · Score: 1

    Okay, here's one. "Free speech" can now be confined to zones that are conveniently off camera and away from the president.

    Also, many people whose civil rights have been violated would be hard pressed to post a reply here because they're being held indefinitely without trial at Gitmo. They have a hard enough time getting access to a lawyer, let alone Slashdot.

    Free most of the time is not free enough. As the neocons like to point out, we're not nearly as bad as a lot of places. That seems to be a common neocon argument: "Look! They're totally worse than us! Look! They did it too!"

    It's not okay just because someone else is worse. This is the sort of thing that needs to be nipped in the bud. Allowing it to run rampant for twenty years will only make it harder to fix.

  87. Epistemological Question by radtea · · Score: 1


    I have an epistemological question for everyone who supports any form of wiretapping without a warrant: How do you know that the wiretapping is being done for purposes of "anti-terrorism" or to "people the government is suspicious of"?

    The purpose of requiring a warrant is that a warrant can only be issued by a court, and the purpose of the court is to examine the truth, or at least the plausibility, of the claims being made to justify the need for a warrant. Without a warrant, without a court, the only answer to my question is, "We know because George Bush or one of his designates says so."

    Given the record of the Bush administration on matters of truth, such as the claims regarding WMDs in Iraq and Iraq's support of al Qaeda, it seems to me a bad idea to make the administration's say-so a major plank in your epistemological platform. This is just common sense. No one would recommend trusting one's money blindly to a financial advisor who had lost everything in a major blunder that later turned out to be based on transparently false claims.

    --
    Blasphemy is a human right. Blasphemophobia kills.
  88. NSA monitoring external calls since 1950s by katorga · · Score: 1

    The NSA has monitored every international call since the 1950s and the cold war to the limits of their technology. The NSA can legally monitor these calls. By extension, if a US citizen calls or receives a call from an entitiy that the NSA can legally monitor, the NSA can monitor the citizen without any warrant or court order. The FISA rules actually provide greater limits than what existed the last 40 years. Shoot, ECHELON in the 1990s used the NSA to monitor domestic calls based on that alone, the government has the power to do this based on presidential order.

    Politically, its a winning issue for a president. The Democrats appear to be just as soft on terrorism as they are on domestic crime, and the GOP is able to say they will "do whatever it takes" to protect the nation.

    The fact is that the US Congress is abdicating its power (power abhors a vaccuum). They watch. They express "concern". They are "troubled". But they never ever put themselves at political risk and exert their power in the form of legislation.

    1. Re:NSA monitoring external calls since 1950s by dancpsu · · Score: 1

      Finally someone who gets it without a bunch of paraniod conspiracy theories. People here seem to think that they can call people outside of the U.S. and expect the conversation to be private. Are you kidding me? Do you people think the other country has qualms about spying on your phone calls? Do you think the NSA isn't monitoring any signal that leaves U.S. borders? This is insane.

      Also there are so many conspiracies that sound like some here need to be put on anti-psychotics. They assume that the President is monitoring every little internal phone call, and just waiting to lock them up under a trumped up charge for the rest of their lives, but at the same time call the president every name in the book and scream for his impeachment. It sounds mentally unbalanced to put it mildly. No one here seems to care about any sort of precedent, any sort of reality check, or any sort of factual data outside of a leak from an unidentified NSA (ex?) employee and the conjecture of the NY Times. There is no evidence of this being widespread, unprecedented, or even domestic. Yet some here are thinking that the President is just short of having a coup and taking the reigns as dictator of the U.S. complete with show trials, and mass executions of everyone who ever spoke up against him.

      The more sane motivation is that the people on here calling for the impeachment of Bush simply don't like his politics and would prefer a democrat in the whitehouse and nothing else matters. It doesn't matter if the democrat does exactly what Bush did or worse, because he has a (D) in front of his name. If it's something else, then some serious psychological/psychiatric treatment is necessary.

      --
      "Scientists don't change their minds, they just die." -- Max Planck
  89. "Mr. Bush" by Daniel+Dvorkin · · Score: 2, Informative

    It's not a political attack on Bush; the NYT follows the standard of calling politicians "Mr." (or, I assume, "Miss" or "Mrs." or "Ms.") most of the time unless there's some specific reason to identify them by title. Many other, mostly British, papers do the same -- "Mr. Blair," etc. As for "President," there are other stylistic schools which hold that former Presidents never lose the title; thus you'll see not only "President Clinton" but also "President [George H.W.] Bush," "President Carter," "President Ford," etc. Find a particular mainstream news source which routinely talks about both "Mr. Bush" and "President Clinton," and you'll have an argument. Otherwise your post is just more standard-issue right-wing whining.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  90. Concerned? by ObsessiveMathsFreak · · Score: 1

    With 53% in support of a breach in their own constitution, its sounds more like their apathetic and/or treasonable to me.

    --
    May the Maths Be with you!
  91. remember the PDB of 6 Aug 2001 by Bassman59 · · Score: 1
    6 Aug 2001's Presidential Daily Briefing:

    "Bin Laden Determined To Strike In US."

    What does this tell us?

    That the intelligence services were already listening to known terrorist "chatter";

    The level of "chatter" was extremely high;

    The President was notified.

    The kicker, of course, is that Bush sat on his ass at his ranch in Crawford and didn't do a fucking thing about an imminent terrorist attack.

    And NOW he wants to spy? We were already keeping tabs on the bad guys before 11 Sept 2001, but the guys at the top were not interested. The Clinton administration tried to tell BushCo that Bin Laden was dangerous and it was ignored. FBI field agents were telling their superiors in Washington that people with Middle-Eastern names were taking flying lessons and were not interested in learning how to land!

    Bush has an enemies list that makes Nixon's look like the invite list for a child's birthday party. WHO ARE WE KIDDING? The domestic spying has nothing to do with terrorism (nothing the Bush Administration actually does) and everything to do with concentrating power in the hands of the Executive, specifically the President.

    Impeach, convict, execute. It's the only way to be sure.

  92. Blame Congress for lacking nads by HangingChad · · Score: 2, Informative
    Let's be clear about something, we are not technically at war with anyone. Did Congress declare war and just forget to tell the rest of us? Oh, the use of force authorization. Was that a declaration of war? Didn't sound like it. And it was focused on Iraq. Where's the declaration of war on terror?

    So Bush is claiming wartime powers but Congress has not officially declared war. The war on terrorism is a symantic construct like the war on drugs, which has been going on my whole life. So how do we know when we won? How do we know the war is over and we can return to a normal level of intrusiveness?

    If Congress doesn't see the fight against terrorism as real war, what is the Bush administration using as justification? We're selling out the qualities that made America a great nation and we're not even clear about the goal. What happens when we're still giving away our liberty but the threat of terrorism is no longer relevant? The government will still be using that excuse 20 years from now. Who do you trust to tell us when the terrorists are beaten down to the point they're no longer a significant threat?

    You trust Rumsfeld? A study commissioned by the Army says the Army is near the breaking point and Rumsfeld says everything is fine. One of them's lying. You trust Bush to tell you?

    Part of the problem is Congress spends most of its time fighting for home district earmarks instead of dealing with the big issues. So instead of declaring war they pass some pussy authorization for the use of force in Iraq that basically turns their decision making authority over to the president with the hope he'll do the right thing. What bullshit.

    And why are conservatives suddenly so gray on matters of law? When Clinton was president you were all pretty black and white about what was legal. But when Bush breaks the law by deciding the FISA court really isn't necessary, all of sudden you're pretty waffly on the whole subject of obeying the law. Fucking hypocrits.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Blame Congress for lacking nads by breadboy21 · · Score: 0

      Technically, we haven't been at war since World War II. Interpretations of just what declaring war amounts to has changed over the years, and I'd suggest you spend a little more time studying Constitutional Law and precidents of past presidents (Carter and Clinton ignoring FISA in the same way as the Bush administration for example) before commenting further.

    2. Re:Blame Congress for lacking nads by imthesponge · · Score: 1

      Yes, except Carter and Clinton didn't ignore FISA.

  93. In Soviet Russia ... by Anonymous Coward · · Score: 0

    ... you wiretap the government.

  94. you won't gear to hear the hearing... by YesIAmAScript · · Score: 1

    Both houses have said they will have closed door hearings on this, not open hearings. Why? Because although they might be angry the President is usurping their authority, they are also in the same party as the President and wouldn't want to make him (and Repubs by reflection) look bad.

    So if the hearing is closed door, how do we know that it'll be fair instead of similar to the administration's tactic of bringing in Enron to help solve the California energy gouging?

    As to the President saying this is legal, and having research for it. Well, they researched whether torture was legal. They defined torture to cover nearly no acts so that they could continue to torture. Additionally, they researched whether Iraq had WMDs or not too and how did that turn out?

    Honestly, this President owes his entire political career to Karl Rove, who is an adviser and sits in the White House. Karl Rove doesn't have much truck with what's legal and definitely with what's moral. He's more concentrated on what he can get away with.

    And that's why when this President basically gets up there and says "trust me, I'd never do wrong" up there and completely ignores the Constitutional separation of powers, I get nervous. When he says that laws passed in 1978 don't mean anything anymore, I get nervous. If the President openly says he doesn't feel reigned in by laws, how is his power controlled? Aren't we supposed to have checks and balances of some sort, just to be sure?

    I find it most astounding that this President make a big deal that he feels judges should interpret the law (esp. Constitution) strictly according to what it says, instead of the changing of society. And yet he seems to feel that in the Executive Branch, they can say that 1978 laws on the books don't mean the same thing they did when they were written.

    It's a hypocrite, he doesn't seem to believe the law applies to all equally (Presidents, Presidential buddies and in general war/government profiteers get special treatment), and he doesn't hold anyone near him to a high standard, probably because he failed his way to the top.

    --
    http://lkml.org/lkml/2005/8/20/95
  95. Re:Please stop... by jim_v2000 · · Score: 1

    You didn't answer my questions, you posted a bunch of hypothetical nonsense.

    I can be arrested and detained without cause, indefinitely, if the government decides to label me a "terrorist".

    You have not been arrested, nor detained without cause. Nor have you been labeled a terrorist. However, being a terrorist to me would justify being detained and arrested.

    Due process is gone.... if the government decides that by posting this message, I am indeed a "terrorist", I can be locked up... without due process, without being allowed to contact my lawyer, without access to my family, and without the ability to post bail... indefinitely.

    Once again, you have not been locked up. Your civil rights have not been violated.

    There's one civil right gone. 5th Amendment... blown to bits.

    So you've been forced to testify against yourself in a trial? I think not.

    How about this one: My phone can be tapped, without probably cause, simply because the other end of the phone call is overseas (or not, we don't know for sure since Bush/NSA isn't letting the FISA court see what calls they're tapping). 4th Amendment.. ripped to shreds.

    Has your phone been tapped? No, because you have not been in touch with suspected/known terrorists overseas...like the people who are being tapped.

    Quit drinking the Limbaugh koolaid. If this was happening under a Democrat President, you and your buddies in the Michigan militia would be storming Washington. You got impeachment proceedings started for far less.

    If a dem was doing this, for hte same reasons, I would have no problem with it because I agree with the POLICY, not necessarily the President.

    --
    Don't take life so seriously. No one makes it out alive.
  96. In other news by uglylaughingman · · Score: 1

    Polls found that that same 53% of americans were in favor of lobotomies and coprophagia, as long as they were referred to as "Adjustive surgery", and "a yummy new ice cream flavor brought to you by the justice department", respectively. (C'mon, is it really news that slightly over half the population are either moronic mouth breathers or closet facists? I think not. It's next to impossible to underestimate the stupidity and malice of the chronically and willfully ignorant).

    --
    "What? I'm sorry, I couldn't hear you over the constant beeping of my bullshit detector..."
  97. Re:hmm-clues are needed; time to get out the Clue by BattleRat · · Score: 1

    I recognize the importance; however, let's take a step back. The SCOPE and MISSION of the NSA/CSS does not violate Constitution. Keep in mind that both the SCOPE and MISSION of the NSA/CSS was not a directive from this administration. That NSA/CSS has been around for a long time (1952).

    http://www.austinlinks.com/Crypto/charter.html a good read.

    "The COMINT mission of the National Security Agency (NSA) shall be to provide an effective, unified organization and control of the communications intelligence activities of the United States conducted against foreign governments, to provide for integrated operational policies and procedures pertaining thereto. As used in this directive, the terms "communications intelligence" or "COMINT" shall be construed to mean all procedures and methods used in the interception of communications other than foreign press and propaganda broadcasts and the obtaining of information from such communications by other than intended recipients, but shall exclude censorship and the production and dissemination of finished intelligence."

  98. Bill Clinton expanded use of warrantless searches by Grumpy+Troll · · Score: 1
    Gateway Pundit reports that Bill Clinton expanded the use of warrantless searches while he was in office, too.
    Bill Clinton expanded the use of warrantless searches in 1994:

    In 1994, President Clinton expanded the use of warrantless searches to entirely domestic situations with no foreign intelligence value whatsoever. In a radio address promoting a crime-fighting bill, Mr. Clinton discussed a new policy to conduct warrantless searches in highly violent public housing projects.
    On December 20th Glenn Reynolds noted this CATO Institute Report published back in 1997:

    The Clinton administration has repeatedly attempted to play down the significance of the warrant clause. In fact, President Clinton has asserted the power to conduct warrantless searches, warrantless drug testing of public school students, and warrantless wiretapping...
  99. Re:I don't see the big deal... by jim_v2000 · · Score: 1

    You could look at this from the point of view that the govt is listening on phone calls that terror suspects are making if it makes you feel better.

    And if he's breaking the law, and Congress knows about it, and the newspapers know about it, and everyone in the US knows about it....why hasn't he been indicted eh? Because they all know that he ISN'T breaking any law. OMG.

    --
    Don't take life so seriously. No one makes it out alive.
  100. Re:Please stop... by csscmaster3 · · Score: 0

    So please, stop promoting the left wing dogma that your rights are somehow being violated...unless you have some kind of proof that specifally YOUR rights have been violated.

    I agree with this...and for those of you complaining about what the president admitted did if affect you? were you detained indefinitely? were you labeled a terrorist? Until this happens to you or anyone who know please just be quiet.

  101. The Constitution as an Operating System by SilverspurG · · Score: 1

    The Constitution, like any operating system, has exploitable flaws. The bottom line is, though, that this OS is mine. It is not yours. You do not have permission to access this system unless I expressly give it to you. That's the point of the 9th and 10th Amendments. Like any OS you may discover flaws which you can exploit via a trojan. The bottom line does not change though: the trojan is illegal. This OS is mine, these rights are mine. They are not yours and no amount of justification (finding little holes in the code) will ever make this OS legally yours.

    --
    fast as fast can be. you'll never catch me.
  102. Yes, he could. by khasim · · Score: 3, Interesting
    Perhaps you're not doing anything *illegal* but when there are unchecked powers with no limit (if he can ignore the constitution and congress...) then you can be wiretapped/searched/followed for any reason they like...such as promoting the opposing political party perhaps?
    This is not meant to be funny.

    It is easy to "justify" that action, or any action.

    Obviously the president would be better able to focus on terrorist threats if he didn't have to focus on petty political maneuvers.

    Therefore, spying on anyone who opposes his political agenda is actually helping the president prevent terrorist attacks by freeing up his time to focus on that.

    There is an old line about "the ends do not justify the means".

    Once you start using the "goal" to justify the tactics, then ANYTHING can be "justified".

    So you don't approve of "X". Do you want the terrorists to win?
    1. Re:Yes, he could. by Schitzoflink · · Score: 1

      I don't approve of "X" because it isn't going to do anything, if the President and his power structure hadn't ignored all the information leading up to 9/11 (read: if we had a competent govt.) then 9/11 wouldn't have happened.

      --
      Mr. T carries a postage stamp in his wallet at all times on the back is a list of all the fools he doesn't pity
    2. Re:Yes, he could. by uncqual · · Score: 1

      I really think you're being a little hard on President Clinton here. He was only in office for eight years and was very busy while 9/11 was being planned. Besides, if he (or Bush) had implemented the security levels that we now have at the airport before the events of 9/11, the public would have screamed about "privacy" and "my constitutional rights" and the like.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    3. Re:Yes, he could. by Anonymous Coward · · Score: 0

      Yeah, and WTF was Bush doing between Jan 20/01 and Sep 11/01 when the REAL planning was going down??? Read this timeline and try to blame it on the previous administration again, yeah most of the sleepers got in here under Clinton, but the majority of the planning didn't happen until W's time in office. Anyhow, it's all about a break down in communication, and the amount of noise in the channels, that's still a problem to this day. They get moutains of this type of information every day and if we were to head for the hills every time Chicken Little claimed the sky was falling, nothing would get done around here. The point isn't that we NEED MORE information, it's that we NEED BETTER FILTERS on our information.

    4. Re:Yes, he could. by Anonymous Coward · · Score: 0

      I love it when you Neocons try to blame Clinton for 9/11. It's high-larious (misspelled on porpoise (my spool chucker must be detective)) and it makes you look even more stupid than you already are.

      Clinton didn't bomb us on 9/11, he wasn't the president. Clinton espressly and publically warned Bush that Osma was the threat to watch in a half dozen speaches before Bush took office. You know, keep an eye on Osma like Clinton had for his 8 years. Clinton even bombed Osma back a few times, remember when the republicans would get all snotty and proclaim loudly, "WE ARE NOT THE WORLDS POLICEMAN!" If only they really believed that. I know now that the reason the republicans were getting all ansy in their pansy over Clinton going after Osama is that their plans went back years ago and they thought that Clinton was exercising their plan for world dominance. They were probably afraid that the Democrats has gotten their play book and were running plays. The Republicans in congress expressly forbid Clinton from going after terrorists. Don't take my word for it, look it up yourself.

      Bush was too busy getting planes forced down and losing years of technology lead when our top spy plane was examined by the Chinese to be bothered by any small time terrorists. Remember when Bush was trying to pick on China? Yeah, I know, only a moron would try to pick a fight with China, but Bush is our moron.

      China handed Bush his ass for a hat and so Bush started looking for a better target of oportunity to look kingly again. Of course to really get the American people behind his new plan he had to let terrorists kill a few thousand people on 9/11, but hey, you can't make an omlett without breaking a few eggs and America has it's destiny as the ruler of the 21st century to look forward to.

      I gotta tell ya though. The king has no clothes.

      And gee, does he still look like he is wearing his ass for a hat.

    5. Re:Yes, he could. by LifesABeach · · Score: 1

      "Therefore, spying on anyone who opposes his political agenda is actually helping the president prevent terrorist attacks by freeing up his time to focus on that..."

      The President's polictical agenda is against the law. But lets put this issue in framework of mutual understanding; It's OK for anyone to break the law as long as it doesn't affect you?

    6. Re:Yes, he could. by uncqual · · Score: 1
      I hardly consider the Freeper nuts a reliable source :)

      It's not clear who is more culpable for 9/11 - Bush or Clinton -- I tend to cut both quite a bit of slack because in a free society with civil rights it's hard to keep track of everyone and every action. Sure, in hindsight, it's easy (much as diagnosing a tough multithreading bug is easy once the patch is available), but for each relevant report, there were probably thousands of irrelevant ones - filtering through them is very costly and requires enormous resources which can't just appear in three or six month time-frames. Also, it only takes one judge who is unwilling to grant a search or wiretap warrant to delay things beyond the time-frame that makes the warrant relevant.

      But, to pin most of the blame on Bush as the GP seemingly tried to do is absurd. Bush is being a complete idiot right NOW by not controlling the US borders because, of course, someone needs to pick the strawberries, mow the lawns, and put up the drywall. History will probably (correctly) hold Bush responsible for the actions of some of the sleepers that have crept across our borders in the past five years (if a poor uneducated farm-worker can pay a coyote enough to get across the border, somehow I doubt that a funded Al-Qaeda zealot can't do the same quite easily).

      The Freeper chronology shows facts that were determined AFTER no court would stand in the way of any investigative effort against the 19 hijackers. Their actions prior to 9/11 were odd, but I bet that we know people whose actions are equally odd and really are just the strange behavior of maladjusted geeks...

      I think we will just have to agree to disagree about if we need more information (if one doesn't have the information, filters will never generate it) however, I think we agree that we need better filters.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  103. different == terrorist by twitter · · Score: 2, Insightful
    Their definition of suspicious people to be put under the "terrorist surveillance program" seems to include vegan demonstrators. What a waste of time and resources.

    --

    Friends don't help friends install M$ junk.

  104. Comment removed by account_deleted · · Score: 0, Flamebait

    Comment removed based on user account deletion

  105. Why Would He Dodge The Court? by shambalagoon · · Score: 1

    The telling question is this: why would he avoid getting the FISA permits, even after the fact? There are only two answers to this:

    1) He knows he wouldnt get approval because he's using the wiretapping to spy on democrats and people who dont agree with him.

    or

    2) He thinks he's above the law of the land and doesnt need to follow the constitution.

    Both of these are unacceptable.

    1. Re:Why Would He Dodge The Court? by monkeydo · · Score: 1

      or

      3) The only reason to get an ex post facto warrant is that you want to use the evidence gathered in court, and no evidence was gathered that will be used in court.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    2. Re:Why Would He Dodge The Court? by Anonymous Coward · · Score: 1, Interesting
      > 1) He knows he wouldnt get approval because he's using the wiretapping to spy on democrats and people who dont agree with him.
      > 2) He thinks he's above the law of the land and doesnt need to follow the constitution.

      3) He's actually targeting the bad guys - but the tools he's using are designed to intercept everyone's transmissions. FISA requires that you know who you're targeting before you tap, and would deny requests that, even if you know who you're targeting, would involve the slurping down of several (hundred?) million innocent citizens' phone calls. (FISA's rationale for denying the request is essentially your reason #1 - even FISA judges won't authorize anything that could be used as a fishing expedition.)

      Since the existence of those tools is classified, you can't ask Congress to change the law. To do so would confirm their existence.

      Since you can't get authorization from a FISA court, you can't ask it for permission either. To do so would be pointless.

      Classic Catch-22.

    3. Re:Why Would He Dodge The Court? by TripMaster+Monkey · · Score: 2, Insightful


      Just because a wiretap doesn't yield the information you were looking for does not excuse you from obtaining permission (a warrant) to execute said wiretap.

      The fact that you think it does illustrates just how confused you are on this issue.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    4. Re:Why Would He Dodge The Court? by monkeydo · · Score: 1

      What are the consequences to law enforcement for collecting evidence without a warrant? The evidence is inadmissible in court. In most cases that is the only consequence.

      There is no point in obtaining a retroactive warrant if you don't plan on using the evidence gathered.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    5. Re:Why Would He Dodge The Court? by TripMaster+Monkey · · Score: 1


      You really don't get it, do you?

      The evidence is inadmissible in court. In most cases that is the only consequence.

      Or perhaps you do...otherwise you wouldn't feel the need to qualify your ridiculous statement in such a way.

      According to your logic, I can wiretap anyone I please...I just have to be mindful that anything I hear is inadmissable in a court of law.

      But wait...

      What are the consequences to law enforcement for collecting evidence without a warrant?

      Ahh...I missed that part...apparently, 'law enforcement', unlike myself, is itself above the law. How silly of me.

      I guess you really don't get it after all. Let me spell it out for you.

      The necessity of getting a warrant to wiretap is not to ensure that the fruit of said wiretap is admissable in court...that's putting the cart before the horse.

      Exactly why do you think wiretaps without warrants aren't admissable anyway?

      BECAUSE THE ACT OF EAVESDROPPING ON A PRIVATE CONVERSATION WITHOUT A WARRANT GRANTED BY A COURT OF LAW FALLS UNDER UNREASONABLE SEARCH AND SEIZURE, AND IS A DIRECT VIOLATION OF THE SUSPECTS' CIVIL RIGHTS GUARANTEED THEM BY LAW.

      I don't know how I can make this any plainer. I really don't.

      --
      ____

      ~ |rip/\/\aster /\/\onkey

    6. Re:Why Would He Dodge The Court? by monkeydo · · Score: 2, Interesting

      You aren't law enforcement. You don't have any police powers. You don't have any form of official immunity. The President, the NSA, the FBI, your local sherrif's department all are and do. If you read your states wiretapping law and the federal law, you will find exceptions for law enforcement. If your local sherrif's office, or anyone else in the above list, knowingly and wilfully violates your civil rights, you can file suit against them. But if they acted in good faith, in an official capacity, you will lose, 100% of the time. Even if a court decides the evidence isn't admissible. So, yes, in most cases the only consequence to law enforcement illegally obtaining evidence is that it is inadmissible in court. I don't think it's unreasonable to use the "law enforcemen" qualifier, since no one is suggesting that the President or NSA agents were acting in anything other than an official capacity.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    7. Re:Why Would He Dodge The Court? by Kohath · · Score: 1

      why would he avoid getting the FISA permits, even after the fact?

      You don't know what a warrant is.

      link

    8. Re:Why Would He Dodge The Court? by Anonymous Coward · · Score: 0

      A felony conviction, 5 years in prison and a $10,000 fine per count for EVERY violation of FISA.

      Boo hoo.

    9. Re:Why Would He Dodge The Court? by Big_Al_B · · Score: 1
    10. Re:Why Would He Dodge The Court? by Anonymous Coward · · Score: 0

      Hm. How is option 3 different from option 2?

    11. Re:Why Would He Dodge The Court? by Big_Al_B · · Score: 1

      I think this link is better than Kohath's. IMHO. :)

  106. That's what they *admit* to doing by multiOSfreak · · Score: 1
    Your phone was not being tapped when you called from Ohio to Wisconsin to wish your grandmother a happy birthday.

    The president has admitted that warrantless wiretaps were being carried out against private citizens that call suspected terrorist areas. If this is what the government is straight-out *admitting*, imagine how extensive the *actual* wiretapping might be. This is why a warrant is needed. At least it gives the pretense of due process.
  107. If the wire atps were needed then why don't by Anonymous Coward · · Score: 0

    I don't understand how these wire taps can even be useful if no one is taking the time to document who we are listening in on. The FISA court not only provides at best a paper thin veil of propriety but also performs a very useful funciton for effective monitoring by invoking the discipline of establishing the context of the calls. Perhaps the reason for government objections is to avoid leaving evidence that they are not spying on terrorists.

  108. Convicted on /. by jmichaelg · · Score: 1
    Go look up Nixon's fun little exploits.

    Or look at Clinton. Or FDR. Or Reagan. It doesn't matter which president you pick, they've all stretched the law.

    If the courts find Bush violated the law, then yep, he should be punished. But until the courts so find, some folks seem to have forgotten you have to presume he's innoncent.

    1. Re:Convicted on /. by javamann · · Score: 1

      And if Bush say's he is wrong and resigns I guess it is just like the Clinton example you gave. Until that time Bush is in a league of his own. Bush League, get it?

    2. Re:Convicted on /. by 2short · · Score: 1

      Oh give me a break. I'm not on a jury, or involved in the court system in any way, I don't have to presume squat. If you watch a guy point a gun at a teller, demand money, and run out the door with it, and then someone asks you what happened do you say "That guy robbed the bank!", or "It looked a lot like that guy robbed the bank, but don't call the police, because that would imply a crime was commited, and naturally I assume he is innocent..."

      Did Bush ignore the law in authorizing this wiretapping? Sure looks that way to me.
      Does the President have the authority to do that if he deems it necessary? That's debateable. Damn scary if so.
      Assuming the President did have such authority, wouldn't remotely reponsible exercise thereof involve seeking to change the law asap? Well, duh.

    3. Re:Convicted on /. by Miaowara_Tomokato · · Score: 1

      If the courts find Bush violated the law, then yep, he should be punished. But until the courts so find, some folks seem to have forgotten you have to presume he's innoncent.

      Doesn't an issue actually have to land in a court of law for determination of guilt or innocence? The key point you're missing here is that there is no judicial oversight for many of the things going on - that's the issue at the core of this argument.

    4. Re:Convicted on /. by lynx_user_abroad · · Score: 1
      Doesn't an issue actually have to land in a court of law for determination of guilt or innocence?

      Shhhh! You've just given away the Bush Administration definition of illegal:

      It isn't illegal until the conviction has been returned and all appeals exhausted. Unless it's a Democrat.

      --

      The thing about things we don't know is we often don't know we don't know them.

    5. Re:Convicted on /. by einhverfr · · Score: 1

      Who says anything about convicting Bush of anything? A conviction is based on matters of fact (which are decided by juries). Whether the program that Bush is supporting, authorizing, etc is legal is an entirely different question, and that question is fair game.

      Personally if the AUMF gives Bush to use military force against anyone the President deems necessary to protect the US, then we no longer live in a democracy. This is the Bush interpretation of that document and it is supported by the letter of it. But we hope that the Courts realize that this is not what Congress had in mind, nor can it be sufficient to circumvent the bill of rights.

      --

      LedgerSMB: Open source Accounting/ERP
  109. Why do we believe he is only looking at terrorists by Black+Art · · Score: 1

    I have a hard time believing that the survelence had anything to do with Terrorists. If it did he would have had no problem with the FISA court. But what people weant you to forget it that the court was set up to prevent administrations like the current one from spying on their political enemies.

    Out of a couple thousand requests to the FISA court, less than ten have been rejected. Most of them from the Buch White House.

    On the Right wing talk shows they regularly define anyone who is not a cheerleader for Bush as a "traitor" or worse. It gives me an idea of who they really want to watch.

    Until we have actual documentation of who was spied on and why, we cannot trust that it was only "terrorist suspects".

    --
    "Trademarks are the heraldry of the new feudalism."
  110. Probable Cause by uglylaughingman · · Score: 2, Insightful

    And of course, all that's needed for probable cause is for Bush, Cheney or whatever faceless functionary is the guy of the day to decidde you must be, right? Whataver happened to judicial oversight and checks and balances? This is exactly the problem- no one is watching the watchers, and that's The recipe for fascism, which was what the whole structure of constitutional law was set up to prevent. Whatever happened to the spirirt of patriotism and courage that gave our country such strength? Did we give it up for comforting lies and "bread and circuses"? The thing everyone needs to remember is this- The state is inherently the enemy of the people. It always has been and it always will be, with the exception of brief periods of time when people overturn it and create a new state- which will then, sooner or later become exactly like the old one, only better at screwing the populace. If you trust the state, you are complicit in your own subjugation. Questioning authority is not a crime- it's a moral obligation. Aw, screw it- I'm gonna go slink off to my criminal enclave with all the rest of the fools who believe in freedom...

    --
    "What? I'm sorry, I couldn't hear you over the constant beeping of my bullshit detector..."
  111. Sorry, I call BS by argStyopa · · Score: 1

    Everytime I disagree with the leanings of the slashdot mods I get modded down as "troll" or "flamebait" but I'll try it anyway.

    Sorry, I call BS on the Chicken Littleing of the NYT. The answers to this "survey" are invariably tainted one way or the other depending on how the question is phrased, and what questions are begged in the phrasing.

    OMFG we're becoming a police state! Um, no.
    Notice: we're having this discussion, and you haven't been arrested by jackbooted thugs. Any black helicopters hovering outside your window?

    It's pretty clear that we have a media that despises this president, and everyone in his administration. They will forge documents, steal things from the National Security archives, report patently untrue stories without retraction, everything up to (but so far not including) throwing their feces at him. I wonder if that kid that borrowed the Mao book has been released from the FBI?

    If one truly innocent, normal person were 'disappeared', don't you think it would be FRONT PAGE NEWS? If there was one hint at domestic political opponents vanishing into "Rove's Concentration Camps"(tm), wouldn't it perhaps be screamed to the world until the heavens shook?

    It's not, at least I haven't heard it. And do you seriously think a conspiracy to do so wouldn't have been revealed?

    We have a leftist, elitist intelligentsia that has "Hate Bush" as their secular religion. Ironically, to these rudderless moral relativists there is really no evil in the world....except GW Bush. Anything he says is stupid, anything he does is wrong, and anyone he likes is evil, too.

    So yes, in this case I'm criticising the messenger because frankly, we've heard the message again, and again, and again, but that STILL doesn't make it true.
    This isn't a police state, and your exaggeration only drains what little credibility you had to start with.

    --
    -Styopa
    1. Re:Sorry, I call BS by Anonymous Coward · · Score: 0

      Wow, no bias in that there post. Bush loving republican?

    2. Re:Sorry, I call BS by Anonymous Coward · · Score: 0

      Facts usually don't have bias. Kerry loving democrat?

      The facts are that the only way you're going to get tapped is if Al Queda calls you. If you have a problem with that then we know who the enemy is. It's scary how many people are treating Osama like a hero and a friend.

    3. Re:Sorry, I call BS by Anonymous Coward · · Score: 0

      it's because anyone with half a brain would realize that Bush is a fucking moron. having a moron say, "I have the right to order wiretaps without judicial over view, is illegal." it's very simple to understand, or are you a moron too.

  112. I support wiretapping terrorists! by IvyMike · · Score: 2, Insightful

    The snippet above says 47% do not support 'wiretapping in order to reduce the threat of terrorism'. That's NOT what the actual article says: the word "warrantless" is what's missing. I ABSOLUTELY support wiretapping terrorists, drug dealers, whoever...but get a warrant! It's freakin' EASY, and it's required by the fourth ammendment.

    Even if you trust this president, the unfettered and unchecked power for warrantless wiretaps is the first step towards a dictatorship. Even if Bush doesn't abuse the power, who's to say the next guy, or the guy after him, will show the same restraint? Our founding fathers codified this in the fourth ammendment because they realized the danger such power posed to democracy.

    Does the fourth ammendment make life for law enforcement a little harder? Probably. But so does the entire bill of rights. If the war against terrorism trumpts the fourth ammendment, I don't see why it wouldn't also trump, say, the right to bear arms. Once again, even if warrantless wiretapping might be undertaken with the best of intentions, it's also the first step on the road to dictatorship.

  113. Purge the liars, all is well, continue status quo by Anonymous Coward · · Score: 0

    1. Media company reporter or writer plays the part of a liar/plagiarist.

    2. Company acts shocked and purges the 'bad'

    3. Company appears clean. Bingo. (Profit!)

    Jason Blair and the New York Times?
    James Frey and Oprah Winfrey?

    Psychologically people are led to conclude that the NYT and Oprah never lie, especially since they rid themselves of bad people!

    Similar fraud is happening with this domestic surveillence issue. The 9/11 attacks were an inside job. There are NO terrorists except those in the government. There is NO justification for domestic surveillence having to do with terrorism. It is a violation of our Constitution. But in all likelihood, domestic surveillence has been going on for decades, probably as soon as it was technologically possible (listening via on-hook telephone handsets?). For 99.9% of Americans nothing the general public says is of interest to the authorities, however if you want to hoax people with large scale black ops, you definitely need to keep close eye on trends in public consciousness. But the main idea is that the growing nature of cashless transactions requires undeniable identity verification, which IS domestic surveillance. With trillions of dollars riding on these issues the government NEEDS to bring out the fact that domestic surveillance is happening now in order to finesse the issue; to normalize it.

    If this were a real democracy the concerns of the public would be a factor in any identity based monetary system. It is a huge coming change and the engineers bringing it about are going about it in the wrong way. Deception is wrong in this instance. Very wrong.

    In the case of the NYT 'poll', these polls increasingly look like methods of training people what to think. I call bullshit on the New York Times. These people are professional liars.

    And Slashdot, another fraud, needs to stop moderating insightful critical comments down to -1 (or 0) so nobody will see them. I may not write like Ernest Hemmingway or Issac Isamov, but my concerns are worth addressing even if there is disagreement with some of the the details I posit.

  114. GEORGE BUSH AND WIRETAPPING by lz1kwk · · Score: 1

    When the liberal wing of the lifetime appointed Supreme court decided that it is ok for my government to confiscate my house and hand it over to another private individual who could pay them higher taxes, I did not hear a peep from the NYT and the rabble that clogs up this august blog.

    When a President who must retire in 3 years, come what may, decides that he will listen to the phone conversation of people who have proven that they will and can kill Americans en masse we practically want to burn the country down.

    Now I understand why Liberals have lost all but 3 of the last 10 presidential elections even when the candidate the conservatives present is just a stuttering cowboy from the Texas outback.

  115. Just Trying to Do My Bit... by Anonymous Coward · · Score: 0

    I'm rather dismayed that I may now become a subject of wiretapping. Really, all I was doing was trying to help a few idealistic Nigerians move their cash assets out from under a repressive regime! And that puts me on a terrorist watch list? Sheesh...

  116. Two possible reasons.. by RayBender · · Score: 1
    I've been trying to understand why the Prez is insisting on bypassing the FISA court, and I can only come up with two reasons, both are scary:

    1) He wants to set the precedent that "in times of War" (i.e. whenever he feels like it), the President can violate law, morality and the Constitution at will. Or,

    2) They really are running a program that monitors so many people that getting warrants really is unfeasible. In other words, a fishing expedition on thousands (or millions?) of people... Think about it - the NSA is expert at doing traffic analysis on large data sets. I'd be kinda suprised if they weren't doing it.

    The fun thought that occurs to me if they are indeed doing traffic analysis is this - just how many phone number links away from a known or suspected terrorist are you? It's kinda like 6 degrees of Kevin Bacon, but with Osama instead. You might not have had a phone conversation with someone in Pakistan, but if you ordered a pizza from that place down the street owned by Ahmed...

    It's probably a bit of both.

    --
    Human genome = 3 billion base pairs = 6 GBit. Windows + Office = 20 Gbit. Which is more impressive?
  117. Re:Please stop... by ctishman · · Score: 2, Insightful

    The way I see it, the difference between the citizens of a democracy and those of any other government form is that the government is ours, and the responsibility for its care is likewise ours. If we only become concerned with the actions of our government when it affects us directly, we are abrogating our responsibility as citizens. Also, an American citizen being a terrorist is not for the president to decide, nor for the court of public opinion. If I am guaranteed a fair and speedy trial by the law, I expect that right to be granted, regardless of the nature of my crime.

  118. Re:Please stop... by TripMaster+Monkey · · Score: 1

    If you don't think the rampant civil rights abuses our president is perpetrating upon the nation's citizens is unimportant unless it affects you personally, here's something I'd like you to read and reflect upon:
    First they came for the Jews
    and I did not speak out
    because I was not a Jew.
    Then they came for the Communists
    and I did not speak out
    because I was not a Communist.
    Then they came for the trade unionists
    and I did not speak out
    because I was not a trade unionist.
    Then they came for me
    and there was no one left
    to speak out for me.

    Pastor Martin Niemöller


    Substitute 'terrorist' for 'Jew', 'pornographer' for 'Communist', and 'activist' for 'trade unionist', and you get a rather disquietingly accurate view of the direction our one-great nation is going.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

  119. I have an easy solution! by Anonymous Coward · · Score: 0
    Those 47% who support wiretaps, they can be registered into a database of "wiretap consenters". Only people within that database can be wiretapped. In fact, those who do NOT support wiretaps should not be subsidizing the wiretaps of those who want to be tapped, so those who registered in the "please wiretap me" database should also have to pay for the cost of the database and the wiretaps.

    That's my solution to thorny problems like this. It would make everyone happy.

  120. Symbol vs substance by doublem · · Score: 1

    You can't burn a flag, but you can listen on my phone calls without due process?

    That's because the symbol of freedom is more important that the freedom itself.

    Fetishism of things like the flag, the presidential seal and the nation as a whole, allows those who seek a police state to tramp actual liberties into the ground.

    It's not a logical disconnect, but a simple game of misdirection. First, you get people focused on a handful of issues like abortion, flag burning and gay rights. Because of the tunnel vision directed at those issues, things like the actual implementation of the Bill of Rights can be swept under the carpet.

    That's why the Gay Marriage issue was the BEST thing that could have happened to George W during the last campaign. It was a highly polarizing issue that took up enough media attention for things like Bush's actual record to fall out of the nation's radar.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
  121. Nixon said, "I am not a crook." by Urusai · · Score: 1

    He was. You don't have to argue about the definition of "not" or "am". He flat out lied like a dog. Bush is doing it now. It's that simple.

    1. Re:Nixon said, "I am not a crook." by Anonymous Coward · · Score: 0

      lied like a dog. Bush is doing it now. It's that simple.

      Well, if you say so it must be true.

  122. Re:Please stop... by Qzukk · · Score: 1

    The Bush administration held Jose Padilla for three years without charge, suggesting that he was a dangerous terrorist and would kill everyone should he be put on trial for his crimes. When he finally was charged, he was charged with "conspiracy to kidnap and torture", which was considerably underwhelming compared to what amounts to be the apparent repeated slandering of his name by the administration.

    proof that specifally YOUR rights have been violated.

    It happened to Padilla, it could happen to you or me. I don't have to sit here and wait for it to happen to me.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  123. Americans=Terrorists by Phoenix666 · · Score: 1

    The vast, vast majority of the calls the NSA intercepted were innocent Americans. None of them were actionable. The FBI has formally complained that the NSA has been wasting their field agents' time with massive, indiscriminate data dumps that they then have to chase down. The FBI, also an executive branch agency, has expressed concern that the searches are unconstitutional.

    If we therefore take them at their word that the surveillance is directed at "Americans that the government is suspicious of;" then apparently the Bush administration is suspicious of all Americans until they are proven innocent. That, my friends, takes them beyond the event horizon of tyranny. The day may be rapidly approaching when all of us will have to concede that it's a damn good thing that we have the right to bear arms.

    --
    Do what you can, with what you have, where you are.
  124. What's FISA's "warrant bandwidth"? by Anonymous Coward · · Score: 0

    And how much of that bandwidth is currently being utilized?

    IF FISA "warrant bandwidth" is maxed out (how many lawyers with all kinds of security clearances does NSA, FBI, CIA, and DoJ need for FISA work? How fast can they hire new ones? etc) and there's no way to get a FISA warrant in time, do you think we should stop spying on Zarqawi if he calls into the US? Because IIRC FISA requires ex post facto warrants within a fixed and rather short time frame.

    Heck, what do you do if a surveillance program is so secret that even the FISA judges and lawyers aren't cleared for it yet (clearances are a process for the gov't to follow, just like everything they do).

    So, the NSA is running a surveillance program on Zarqawi, listening in on his phone calls and connecting the dots about his terrorist network. Are they supposed to turn their equipment off when he phones into Florida? What if they can't access the data for technical reasons until after the FISA deadline has passed?

    Because it's those calls to and from the US by a known terrorist that are truly threatening. Do you really want to know that Zarqawi is calling into the US but not know what he's saying?

    And if real-world problems prevent FISA warrants for some reason, do you think we should stop listening? And simply responding "Fix the process and get a warrant" is just glib posturing if there are real-world problems preventing that.

    Besides, the President believes he has plenary power direct from the Constitution to listen in on Zarqawi overseas, no matter who he's talking to. And I've yet to see a cogent refutation of that belief. If you posit that on one end of the phone call is a known terrorist that's part of an organization that's already attacked the US and continually vows to do so again, and is already in overt direct combat against US forces in Afghanistan and Iraq and probably covert combat in various other locations, collecting operational intelligence against that person is obviously directly part of an existing conflict that Congress fully authorized under the 2001 AUMF.

    If we can blow him up, we can listen to his calls. No matter who he's talking to.

  125. Re:Can't we just kill their signal to noise ratio. by belg4mit · · Score: 1

    M-x spook

    --
    Were that I say, pancakes?
  126. Pull head to induce breathing by Sir_Eptishous · · Score: 0, Flamebait

    Not Nixonesque, eh?
    What Bush has gotten away with makes Tricky Dick look like a small time hustler...

    Congress is not fully briefed on this, that is one of the problems. The other problem is that the FISA court IS NOT consulted, as if even that makes a difference, as the FISA court routinely gives in to whatever internal spying they want to do. Bush has used the Patriot Act to essentially do whatever he wants. This "us vs. them" krap is getting way old...

    And this ultra lame ass "I want to live in a fucking police state NOW!" argument of "if you're not doing anything wrong you have nothing to hide" is the most UNAMERICAN bullkrap I've ever heard.

    WTF is wrong with those who espouse this krap?
    For starters, and this is the most important of all, let me break the news to you:
    We can't trust Bush.
    You know it's just that simple.

    Why?
    1. Abramoff
    2. No WMD in Iraq
    3. Diebold in Ohio
    4. Outing of Valerie Plame
    5. Response to Katrina
    6. Fighting like hell to stop the investigation into Katrina
    7. Fought like hell to stop investigation into 9/11
    8. Abuse of signing statements
    9. Completely inept planning of Iraq "war"
    10. ad infinitum, etc, etc,

    --
    We play the game with the bravery of being out of range
    1. Re:Pull head to induce breathing by drakaan · · Score: 1

      Congress is not fully briefed on this, that is one of the problems. The other problem is that the FISA court IS NOT consulted, as if even that makes a difference, as the FISA court routinely gives in to whatever internal spying they want to do. Bush has used the Patriot Act to essentially do whatever he wants. This "us vs. them" krap is getting way old...

      I didn't say congress is fully briefed, I said congressional leaders (two members of each party in the house and the senate, don't remember the specifics on who beyond majority and minority leaders) and the FISA court are fully briefed. Yes, the FISA court normally grants the ability to do what is asked. That has little to do with the Patriot Act (god, I hate that name), which has only been around for a tiny fraction of the time that FISA has been around.

      And this ultra lame ass "I want to live in a fucking police state NOW!" argument of "if you're not doing anything wrong you have nothing to hide" is the most UNAMERICAN bullkrap I've ever heard.

      WTF is wrong with those who espouse this krap?
      For starters, and this is the most important of all, let me break the news to you:
      We can't trust Bush.
      You know it's just that simple.

      I agree. You can't trust government period. That's the reason for our three-tiered government, checks and balances, FISA review, oversight commitees, etc.

      The fact that all of congress didn't know the details of what was going on is a function of the type of investigation being conducted. You don't spread around information about who you're keeping tabs on if you want to glean useful information. The alternative solution to that conflict is to not collect intelligence on people that you think you should be collecting intelligence on, and that might be hurtful.

      I don't see this as a black-and-white issue, as many on opposing sides of the whole "should we do wiretapping on international communications" question are. I want civil liberties to be safeguarded by oversight, which (by the lack of statements to the contrary by the FISA court or the congresscritters involved) they appear to be, and I want to have good intelligence on people that we have reason to beleive want to see Americans harmed.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  127. some perspective ... by Anonymous Coward · · Score: 0
    Absolute power corrupts absolutely is a tried and true cliche...but sadly it also describes human nature pretty well.

    I agree fully. Cliches don't come out of nowhere; they arise for a reason, as there's usually a grain of truth to them.

    However, how about some perspective on these issues? In his article Hitler on Line One, Robert X Cringley (columnist for PBS and tech guru in his own right) described the (probably illegal) spying programs employed in the 1930's and 40's. This was a time of war, to be sure, and during this time every single letter sent from the US was opened, inspected, edited, and then resealed - hopefully in the correct order - and senders & receivers both knew fully about it. Shoot, due to mangling, lovers would often put the stamp on the envelope upside down, so that in case the letter was unreadable after inking & copying, at least that secret signal was there, meaning "I love you."

    This continues in this week's article, subtitled All Those NSA Wiretaps Are Just a Friendster in Disguise. Also check out his "links of the week" for this week and last week, loads of information on FISA, CALEA, Echelon, and Intrepid.

    Basically, I don't 100% trust the current administration, but I absolutely shudder to think what it might've been like to be a political enemy of Roosevelt or Churchill.
  128. Re:Please stop... by Anonymous Coward · · Score: 1, Insightful

    The argument here (it hasn't been done to you, so why are you upset?) is a fallacy. Even if you care nothing about other people's rights (which have been violated), or about the rule of law, you should care about the fact that your rights can easily be violated.

    Those of us on the other side of the issue care about this for the same reason anyone would care about a neighboring country building up an enormous army. As much as they claim it's only for defense, and that they'll never use it against your country, you have to be suspicious. When they start invading other countries, even if they justify it with sweet words, moral obligations, and claiming that they were invaded first, you get very very nervous. It's not necessarily because you think they're evil, or that they're necessarily even wrong (after all, who's to say that at least some of those countries didn't actually attack first?), but because they've shown that they don't mind using their newfound power for their own ends. Regardless of their original intentions, you start wondering whether something your country had considered normal practice before might be considered aggressive by the new military power. Besides, the argument that they aren't necessarily just being aggressive gets less and less convincing as time goes on and their behavior doesn't change. It creates fear.

    In all likelihood, the administration believed it had good reasons for doing what it did. They usually do, and often what they try to do isn't all that different from something that would be a good idea. The problem in this case is that the administration's new army of wiretapping has NO OVERSIGHT. It is accountable to no one other than the a select few administration officials, and realistically they are both too busy to look into all of the details and not inclined to believe that mistakes might have been made. Here I'm talking about honest mistakes, like the nightmarish story (not really quite on the same issue as this, but related) of the guy who was picked up and held in prison without legal recourse because his name happened to be the same as a terrorist's. Those are bad enough; what happens when inevitably the people doing the hiring make a mistake and put someone who will abuse his power into a position with so little accountability?

    The idea that I shouldn't be upset because my own rights have not been actively violated, while logically sound, is in reality a disaster. Sure, the dog seems to be rabid and has blood on its paws and face, but that doesn't mean it'll attack ME.

  129. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  130. Another Kind Of Terrorism by no_pets · · Score: 0

    It's pitiful that so few people oppose this illegal wiretapping. Just think how unchecked government powers strike terror into the citizenship of many countries around the world. Then realize that the framers of our U.S. Constitution were trying to combat this power as they were forging the government.

    Yes, keep that in mind then think about why we have "watchdog" groups such as the ACLU, EFF, NRA, etc. You don't have to agree with everything they do, just realize that they are trying to protect your rights as others try to take them away.

    Now, what scares you more; a national government with over-stretching powers or a group of terrorists based out of the middle-east?

    --
    "A government is a body of people, usually notably ungoverned." - Shepard Book Quoting Malcolm Reynolds
    1. Re:Another Kind Of Terrorism by gone.fishing · · Score: 1

      I couldn't agree with you much more! I'm still a bit concerned about terrorisim anywhere on the planet though.

      One of the things that I have noticed is that the conservitives always claim they are for a smaller government and for more individual freedoms yet they almost always advocate for things that restrict liberties in some obtuse way. It is almost like "as long as it doesn't directly affect me, I am fine with it."

      I don't think the government has enough manpower to randomly sample enough conversations to make this kind of wiretapping productive. This means that they probably identify individuals based on some criteria that they develp and monitor them. Much of this criteria is probably logical to some degree (country of origin, date of entry into the US and so on) but it does not mean that they have risen to the standard of "probable cause." If probable cause existed they could go to the "secret court" and obtain a warrant for the monitoring (which is an issue for a different post).

      Are there enemy agents in the United States? The answer is undoubtably yes. Is it fair for our government to try to identify and nuteralize them? Again, the answer is undoubtably yes. Is it right to consider someone suspect simply because of their race or religious beliefs? Probably no. Is it likely that some people from certain places who are of a certain faith more likely to be enemy agents? Yes.

      This last answer is at the crux of the problem. How can we investigate people when we do not have probable cause to get a warrant to gather the evidence? How do we get past the profiling question? Is this just a risk that a free, democratic, and open society has to take? How do you draw the line so that people's rights aren't infringed yet our society can be protected from terrorists?

      These are hard questions that deserve answers. Like most people I want to feel safe and enjoy the freedoms that this country offers. Yet I also see the risk in our government using the tools that they are developing to combat terror against normal everyday people. Is the Iraqi convenience store clerk a part of a sleeper cell or is he someone who left a terrible place to try to make a better life for himself and his family someplace better? Does he deserve to have his privacy invaded so that we can learn what he is? What if we learn that his political leanings are a little extreme -- if he has views that don't jibe with what the government wants to hear: should he be imprisioned or deported? In America, aren't we entitled to our own opinions and beliefs? I think we are even, or perhaps especially if they upset the status quo.

      Warrantless wire-taps are a slippery slope. They are a tool that can be easily abused and they do very little to protect our rights or our safety. Terrorists are criminals and they should be investigated using the same tools that we have used against criminals for all these years. There are limits to police powers. These limits are set for a reason; to protect people's rights and freedom.

      While it may seem easy to say that an enemy of the state does not have the same rights, it is just as right to say that here in this country, people are innocent until proven guilty. We have to make sure that our government does not overstep it's bounds and turn the tables and say that some people are guilty until proven innocent! Why? Because from there it is only a series of short steps to a totalitarian regime that doesn't care about rights, privacy, or freedom.

  131. Golias, have you ever READ the constitution? by zenyu · · Score: 1

    Amendment IV - Search and seizure. Ratified 12/15/1791.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Amendment X - Powers of the States and People. Ratified 12/15/1791. Note

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    Also of importance...

    Article II. - The Executive Branch Note

    Section 1 - The President ...

    Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:

    "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

    Section 4 - Disqualification

    The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

    If the Republicanic held Congress wishes to send the president a message they don't need to impeach Mr. Bush, Jr. They can simply impeach and convict Attorney General Gonzales for advising Mr. Bush, Jr. that breaking the law and shitting on the constiution is ok.

    I personally think that any of the living Congresscritters and Justices that passed FISA into law should be tried and executed, and any past or current President that has issued a FISA warrant should be as well. But then I also think the Bushy should have been convicted of bribery many times over by now; the education speakers bribery scandal alone was enough for me. But most Americans accept corruption and lies from their employees.

  132. Re:Please stop... by idsofmarch · · Score: 1
    So, wait I can only think this is a problem if it happens to me personally? I need to have my phone tapped, be on the no-fly-list, or be arrested and held in legal limbo for 3 years before I can think and state that it's wrong and grinds against the very values that our Founding Fathers tried to instill?

    Man with that kind of moral clarity you can ignore everything around you, so long as it doesn't affect you personally.

    --
    Anyone who whines about being modded down should be.
  133. Re:hmm-clues are needed; time to get out the Clue by Anonymous Coward · · Score: 0

    "I for one don't really have a problem with them capturing SIGINT out to or in from the International Community"

    good for you mate. the canadians, the british also don't have a problem capturing SIGINT to/from the international community. and guess what, US is an international community as far as they are concerned. welcome to ECHELON.

    i just love it when people say "i'm ok with it as long as it happens to [some community that i'm not a part of]".

    "First They Came for the Jews"

    First they came for the Jews
    and I did not speak out
    because I was not a Jew.
    Then they came for the Communists
    and I did not speak out
    because I was not a Communist.
    Then they came for the trade unionists
    and I did not speak out
    because I was not a trade unionist.
    Then they came for me
    and there was no one left
    to speak out for me.

    - Pastor Martin Niemöller

  134. Home of the brave? by talksinmaths · · Score: 2, Insightful

    Those that support this surveillance primarily argue that we gain security in the form of protection against future terrorist attacks. I find this assertion to be highly dubious simply because I give the 'bad guys' more credit than to openly discuss their plans in any manner that might not be considered secure. However let's assume for the sake of argument that spying on Americans without warrants does indeed somehow prevent every major terrorist plot in the future. I still wouldn't support it because I'm not willing to trade my liberties for that protection.

    I think that once we allow ourselves to be stripped of a constitutional liberty we're on a slippery slope. Maybe today we're only trying to justify the removal of unreasonable search and seizure. However who's to say that in the future we won't be trying to justify the removal of the right to bear arms or the right to free speech. If we as a country are not strong and brave enough to face the threat of terror without giving up our constitutional rights to do so, then how can we clothe ourselves in the vestiges of patriotism that were borne from those very rights? I used to like to think that I lived in "The land of the free and the home of the brave"; however it's looking more and more like we'd rather live in the land of the secure, and the home of the pragmatic. I don't see how we can possibly consider ourselves brave if we're willing to simply give away our freedoms.

    --
    Don't you have someone you'd die for?
    1. Re:Home of the brave? by Anonymous Coward · · Score: 0
      the land of the secure

      Maybe the promise of safer browsing for users will convince enough people to append the suffix
      NSAtc.NET to the end of their URLs. Google "www.microsoft.com.NSAtc.net"

      Or ping 'www.hotmail.com' from SBC or RR nameservers to see where your email goes through

      The NSAtc.net isn't exactly an Akamai farm either.

  135. Google porn by DanTheLewis · · Score: 1

    "Yesterday it was terrorists. Today it's pornographers. Tomorrow it's you."

    Sort of gives added meaning to Google's stick-in-the-mud decision not to turn over search data to the government for its porno-regulation lawsuit.

    Thank God that there are responsible people in charge over there, making tough decisions. At least there are responsible people in charge somewhere in America.

    And no, I don't work for Google.

    --

    Q: What did the comedian say to the crowd?
    A: If I knew, this joke would be funny.
  136. What subsequent approval means. by ysaric · · Score: 1

    I understand your question, and I think the answer falls into just a couple of concepts. First, wiretapping is rarely a one-call tap. It is usually a tap over time. Allowing subsequent approval of a tap gives the government some leeway in emergency situations, which in and of itself is not a bad idea. A subsequent judicial review, provided it is done within a reasonable time, may conclude that the government must stop monitoring and remove the tap, or it may conclude that the tap is justified. The court may also fine tune for the Executive branch what it will approve on an emergency basis and, to that extent, may have something to say about how the data collected may be lawfully used.

    So there is a justified place IMO for subsequent review as long as it is within a reasonable time frame. And in this case it is what makes Bush so entirely baffling--the subsequent review option in no way impedes his ability to tap, so this stuff about it being necessary to bypass the FISC is just really unjustified unless there is some rationale that is being kept hidden from us.

    --
    Happy goldfish bowl to you.
  137. The Problem by Sir_Eptishous · · Score: 1

    You know, I don't like to generalize or use sterotypes, but you know it's real easy when I read posts like yours. Because when someone defends Bush and actually has the gall to quote investigations, etc to support their argument, it would be comical if it wasn't so scary...

    You know, there is a country you would feel more at home at, one where everyone thinks the same and thinking is enforced. Trust me, you'll love it there. It's called North Korea.

    The real problem here isn't whether a certain amount of Americans, such as yourself, who don't have a problem with internal spying, because you're so fucking scared of your own shadow that you want big daddy bush to watch out for you; The problem is that it has been shown over and over and over again that we (True Americans who question, read, investigate through rational thinking) can't trust bush. How hard is it to understand this?

    As a very small example, take the Nobel Winners who have, shall we say, a very dim view of how bush abuses scientific reports. Especially studies that don't agree with his 19th centure view of the world.

    So to conclude, if non-partisan scientists, including most of the former EPA chiefs, including those from Republican administrations, don't trust bush, why should anyone else?

    --
    We play the game with the bravery of being out of range
  138. Give people a choice by Anonymous Coward · · Score: 0
    Let folks opt-in to always-on, no-consent monitoring. Allow the consumer to save a couple of bucks, while saving taxpayer money as well, for the ease-of-use of spooks everywhere.

    Just like the early days of that privacy-inhibitor named CALLER-ID: it could have added fifty cents to all bills instead of $8 a month today to the 70-plus percent subscribers in some markets that have wholly accepted it.

  139. Re:Please stop... by idsofmarch · · Score: 1
    Until this happens to you or anyone [you] know please just be quiet.

    Ah yes, a fine political observation...
    for a fucking ostrich!

    It's all well and good for you to give up your civil rights, but please stop giving away mine.

    --
    Anyone who whines about being modded down should be.
  140. All About Limits, Accountability & Technology by camperslo · · Score: 1

    By sidestepping court authorizations, abuses are far more difficult to spot since there is no external paper trail.

    Publicly the talk seems to be almost all about international calls connected with the U.S. But there has been some mention of linked-downstream activity effectively extending monitoring without limits. If monitoring extends to everyone the U.S. contact has communicated with, then monitoring the people those people have communicated with...etc. etc... where does it end? In theory it could extend to everyone.

    Hopefully I won't be in trouble for spilling critical information with this - Every terrorist has at some point eaten pickles or knows someone who has eaten pickles. Really.

    It guess it's understandable that they don't want to reveal how far the technology goes, but isn't a real terrorist likely to expect that any imaginable technology is being used?

    I expect that most of the Slashdot crowd differs from much of the public in terms of technological awareness and expectations. In spite of the current Google case about withholding search related data, how many here really believe that use of Google and other mapping services isn't watched for those checking out high-risk targets?
    I'd consider those protecting us incompetent if they didn't do that. It's almost humorous that the controversy over invasion of privacy mentioned in the media is talking about it at one level, when it's so obvious that the likely use of data mining technology goes far, far deeper.

    I remember the story of a friend nearly 20 years ago who had not paid his phone bill and the phone company was trying to bug him about payment long after service was shut off. More than a year after he'd forwarded some calls to a nearby friends house, the phone company was calling THERE asking about payment. Clearly the data routinely retained went far beyond a list of phone long distance calls. And that was 20 years ago.

    I'd heard stories of places being raid for growing marijuana based on heat leakage patterns picked up by satellite. Sounded like sci-fi to me. But a friend who was a caregiver for an elderly person told me of that persons home being raided based on unusually high electricity use. There was no closet full of grow-lights. The electricity was going for charging an electric wheelchair. I would have thought that energy usage data was a private matter between the utility company and a customer. Apparently not. And that was over 10 years ago.

    It's ironic that so much technology seems to be in place to gather data on U.S. citizens, yet government acts as if it is incapable of controlling our borders and coming up with a sane policies for those wanting to work here.

    If the oil industry can figure out what's in the ground by use of satellites and underground impulse reflections, it ought to be trivial for the government to find all of those hidden tunnels.

    Whatever happened to "I swear to uphold the laws of the United States"?

  141. wiretapping = free phone service! by Anonymous Coward · · Score: 1, Funny
    "Here's one more tidbit on wire-taps: They get you free phone service! The feds tapped the phone of the Sisters of Mercy in Washington D.C. because of some anti-war stance or something they took in the 1980s. The good sisters noticed some kind of clicking on the phone at times, and finally decided that someone must have tapped into their phone. Their solution: Don't pay the bill so the phone company will have to shut off the phone. The phone never went dead, and they quit sending them bills! The Feds wouldn't let Ma Bell shut them down, and probably began paying the bills. The sisters talked long and free with their friends across the country!"


    From an email quoted in The Falafel Connection: All Those NSA Wiretaps Are Just a Friendster in Disguise, by Robert X Cringely.
  142. "It's the breaking the law, stupid" by DanTheLewis · · Score: 1

    First, go read Glenn Greenwald.

    "Clinton-haters and Bush-haters asside, I continue to be astonished at our ongoing success at maintaining a democracy in which our rights are so well cared for that the suggestion of a relatively minor perceived infraction of privacy is seen by half the country as a dangerous outrage."

    Much ado about nothing, huh? You need to read FISA. Unless electronic surveillance is done according to the statute, the fine is up to $10000 and the prison time is up to five years. Now the American President has said publicly, and repeatedly, that he's not doing surveillance according to the statute.

    Get it? Bush's defense of his lawbreaking is that 1) an extremely vague resolution by Congress, the Authorization to Use Military Force, allows him to break the law to keep us safe from terrorist attacks, or failing that, 2) his commander-in-chief powers in the war on terror trump Congress's power of legislation. (Very similar, by the way, to his argument that he can ignore the McCain amendment against torture if he feels like it.)

    But if that's true, as Democrat and Republican lawmakers alike have pointed out, what law can't he waive? Since the war on terror is not scheduled to end, won't the President always have these powers?

    Bush doesn't veto, he writes signing statements arguing that he doesn't have to follow the law, then he breaks the law and fails to inform Congress.

    The reason there is much ado is that a constitutional crisis is underway, however much you want to call it extremist partisan politics.

    --

    Q: What did the comedian say to the crowd?
    A: If I knew, this joke would be funny.
  143. Re:Please stop... by jx100 · · Score: 1

    Rights must apply to everyone. Otherwise, they are not rights. When a single person's right has been violated, that right has been taken away from *everyone*. Jose Padilla's right to due process has been violated, thus *my* right to due process has been violated.

  144. All you could prove with that question by NaCh0 · · Score: 0

    Is that asking a bogus question will get you a bogus result. Legal scholars disagree over the legality of the foreign originated call tapping. So until the courts rule, you calling it an illegal spying program is just as much of a LIE as the lies you accuse Bush of.

    1. Re:All you could prove with that question by Doc+Ruby · · Score: 0

      Well, at least you caught on to the point that the biased question I posed was the parallel of the biased question asked in the poll.

      You might try applying your apparent faculties to tell whether the domestic spying breaks the law. It's not that complicated: the only power to tap American phones is under FISA, which Bush admits he ignored. That's illegal. You can look at other claims, like the NSA director's claim that the 4th Amendment doesn't require probable cause for searches, to see they don't protect their spying with actual law. You can look at any other official analyses which don't report to those responsible for the spying - they all say that the spying was illegal. Or you can look for any argument that just backs up the president, no matter how weak or selfserving.

      --

      --
      make install -not war

    2. Re:All you could prove with that question by NaCh0 · · Score: 0
      It's not that complicated: the only power to tap American phones is under FISA

      You might think it's that simple but it's not.

      Findlaw has legal justification here. You can cry how you've been theoretically violated but it doesn't change the fact that this specific act of tapping foreign calls will remain legal until ruled otherwise by the courts. (appeals and all)

  145. Not all secrets are illegal by tgibbs · · Score: 1

    Honestly, if you are not doing anything illegal, what part of "liberty" is being taken away by wiretaps?

    There are a lot of legal reasons why I might want to keep what I'm talking about private.

    I might be a political opponent of the President talking strategy.

    I might be a reporter investigating a member of the President's administration.

    I might have a critical financial deal that will be spoiled if it becomes public prematurely.

    Or I might just be a private citizen talking about personal matters who doesn't want to share it with some government snoop.

  146. A Question by overunderunderdone · · Score: 1

    Does anyone know the precise nature of these wiretaps? I've heard conflicting things in the media and haven't found a description from a credible non-biased source. What I mean is: most media are simply calling this "domestic surveillance" whereas some more detailed descriptions (but from sources that might be spinning for the administration) are describing this as surveillance between a foreign source and a domestic one.

    For me at least that may be an important distinction. Are these cases of a foreign surveillance target who just happens to be calling (or receiving a call) from someone in the US? It might run afoul of FISA but personally I have much less of a problem with that than if it is purely domestic surveillance. In fact in a legitimate intelligence operation looking into terrorist cells those foreign to domestic communications would be those we'd MOST want to keep track of.

    To make the administrations best case example: According to the text of FISA you could monitor OBL's phone calls but you had to stick your fingers in your ears if he called Mohammed Atta because Atta was in the USA. Getting a warrant might require that you have a good reason to suspect Mohammed Atta aside from the fact that OBL is the one calling him. Sure you could also listen and later get a retroactive warrant (what happens if that retroactive warrant is rejected? Does the law say?) but I can certainly see how the agencies involved in a case like that might still see it as a bureaucratic impediment and potential source of leaks. In the presence of at least some case law that appears to render FISA a dead letter in purely intelligence operations (as opposed to criminal investigations) and the administrations position is at least debatable.

  147. "Those People" by Irvu · · Score: 0, Flamebait

    I heard an interview on the radio yesterday in which a woman who supported it (an "Ordinary American" said that she trusted Bush because a) he "was a christian" and b) he was only spying on those "other people" from the middle east "where all the trouble is coming from.

    This summed up the numbers for me perfectly. For most people Shrub's claim that he is spying on "terrorists" or "bad people" or whatever is code for "people not like you", or "Muslims". Most people who support this do so because they assume that it isn't their phones being tapped and so its okay. Most of them assume that the only would be terrorists are muslims and that they are secure.

    What they don't realize is that once this is permitted any law can be broken. Bush can spy on "us" without a warrant just as them. Once we've crossed the line people can start spying on anyone Atheists, Homosexuals, Communists, Pacifists (they already have done this), Mormons... People are comfortable because it is "Us" against "the bad people" and Bush is carefully playing that line. What people need to have explained to them is that they too can be considered "bad people".

    Lest we forget prior to 9/11 America faced another unprovoked unwarranted terrorist attack. This attack claimed the lives of innocent Men, Women, and childen to no good end. The attackers: Timothy McVeigh and Terry Nichols two white, "Christian", midwesterners. Both military veterans with "average" jobs. In short "Ordinary Americans".

    Much as people would like to pin it on "The muslims" and attack the middle east again, prior to 9/11 white "Christian" terrorists had killed more innocent Americans than Middle-Eastern Jihadists.

    During the 1960's many Americans were comfortable with (or largely ignorant of) the government's spying on Communist Subversives. People accepted crackdowns because it was on people "not like them". The biggest prosecution of the time was the Rosenbergs east-cost Jewish intellectuals. The catch was people woke up one day to discover that the primary targets of government spying were: Martin Luther King Jr., and Rosa Parks. Instead of hunting commies the FBI had gone hunting Civil Rights activists, pacifists, artists, "Oridinary Americans".

    Note that I'm not leaving aside A and the long tortured history of despots (Hitler, King Philip, The Kings of England France and Spain...) using the name of Christ (or indeed any religious figure) to justify their crimes. I just think the latter is a more prevelant sentiment.

    Now the challenge is, What to do? The answer of course is tell people! Those of us who are Americans must know "Ordinary Americans" who think that this is okay, who trust Bush or who just don't know about it because the trust FoxNews and CNN to tell them "The truth".

    Fox and CNN cannot be trusted we have to tell them "The truth", and then tell them again and again until they tell their friends and so on. Shouting online is, in the grand scheme of things pointless. A letter to the editor (takes ten minutes to type) is easy. Printing up some flyers that explain it and handing them out on a streetcorner for an afternoon is still pretty easy, and it'll get you some sun.

    An unhappy but necessary conversation with Grandma, Mom, Dad, Uncle Bill, whoever we know who feels that this is "Okay" will suck but don't you want them to know the truth? I personally have an Uncle who told me that his only annoyance with the Iraq war was that Bush "had to lie" to make it happen. The fact that "they hate us" should have been sufficient reason to attack Iraq. He feels that the American People are just too nice. I don't imagine that it'll be asy to convince him (I'm shure I'll hate it) but only convincing him (and people like him) to change his mind will have any effect. Shouting to the crowd online will take time but change no real moods.

  148. Domestic/Foreign? by HermanAB · · Score: 1

    As I understand it, the wiretaps are only on foreign communications - although it applies to citizens and foreigners alike, it is not a tap on local domestic communications.

    --
    Oh well, what the hell...
    1. Re:Domestic/Foreign? by scheming+daemons · · Score: 1
      As I understand it, the wiretaps are only on foreign communications - although it applies to citizens and foreigners alike, it is not a tap on local domestic communications.

      And how is it that you came to "understand" this? Where did you get this information?

      Oh yeah.. from the administration.

      The whole point of this whole f***ing maelstorm is that because the NSA bypassed the FISA court, we have no f***ing idea whether it only appied to international calls or not. They could have been tapping any calls.. because they didn't follow the oversight procedures that were put in place by the 1978 FISA law.

      To turn the typical conservative's argument on its head: If they had nothing to hide, then they shouldn't have bypassed the FISA law.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    2. Re:Domestic/Foreign? by HermanAB · · Score: 1

      Well, FISA doesn't apply to foreign actions, so it is an important distinction is it not?

      --
      Oh well, what the hell...
    3. Re:Domestic/Foreign? by Bassman59 · · Score: 1
      Well, FISA doesn't apply to foreign actions, so it is an important distinction is it not?

      FISA == "FOREIGN Intelligence Surveillance Act."

    4. Re:Domestic/Foreign? by HermanAB · · Score: 1

      Yes sure - but FISA does not control activities that occur *outside* the USA. it is only concerned with activities inside the country, pertaining to foreign intelligence. See this: http://www.eff.org/Censorship/Terrorism_militias/f isa_faq.html "FISA does not regulate the use of electronic surveillance outside of the United States. For instance, electronic surveillance of electronic communications like e-mail is only governed by 1801(f)(4) if the surveillance device is installed "in the United States." When e-mail sent by a U.S. person to a foreign person is intercepted outside the United States, that interception does not meet this definition."

      --
      Oh well, what the hell...
  149. Re:Please stop... by Politburo · · Score: 1

    You're a fucking mental retard. You would have sat in Germany or Poland in 1940 and said "Well, I'm not being taken away, what's the problem?"

  150. Never believe a liar by Anonymous Coward · · Score: 0

    How do you, at this point in time, know that the program didn't get warrants for these kinds of taps?

    Absolutely, brother! Just b/c Bush said he didn't get warrants for these wiretaps, and further says he doesn't think he should have to, well, I for one don't believe a word that lying dirtbag says! I just bet that asshole *DID* get warrants, but just doesn't want to admit it to the American people!

  151. Not the doom of Democracy: The Death of a Republic by KingFeanor · · Score: 1

    Why is it considered the death of democracy for the government to do exactly what the majority of the American people want? Last I checked, the idea of democracy was rule by the majority. This is it! The Bush administration is doing exactly what the majority of Americans want them to do.

    The two parts I find troubling is that the general population feel security is more important than liberty and that democracy and not republic is viewed as our governmental form. A quote, possibly by Benjamin Franklin says this, "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."

    The main idea of democracy is rule of the majority. Whatever 51% wants, it gets - even to the detriment of the other 49%. If 51% of the people decide that you don't have the right to private communications, then 51% have the power to take that 'right' away. But nothing is really a "right" if it is granted by another human or a human institution. That is why the authors of the Declaration of Independence invoked self evidence and divine revelation ("We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.") as the basis of rights for if God or Nature gave those rights then no other human can "rightly" take them away. I saw "rightly" because they are removed all the time by governments of the world today.

    Because of this issue with democracy (which our Founding Fathers feared having understood the Athenian democracy's problems) we were given a Republic. So what diferentiates a democracy from a republic? A foundation of rights. The most fundemental idea of a republic is that these rights must be preserved. Thus a republic form of government attempts to prevent any distortion or removal of those rights by the general populas (the voter), or by the government itself (whether judicial, executive or legislative). Generally the foundation of law under a republic can be summed up in two statements: "Perform all agreements you make" and "Do not encroach on other people or on other people's property." These statements implicitly imply the right to truth (holding others accountable for their words) and the right to be free from encroachment (ie to be secure in person and property).

    What we are seeing in the actions of the President and in the view of 53% of the population is that humans do not have a fundamental right against being encroached upon. That is very scary thought.

  152. Is it not odd? by TheUz · · Score: 1

    Is it not odd, my friends, that Mr. Bin Laden should make a such a timely appearance at this juncture, lest we sheep forget why we are being watched and listened to so carefully.

    --
    ^..^
    1. Re:Is it not odd? by Intangion · · Score: 1

      every tape release has been timed PERFECTLY to coincide with something going on for bush, like everytime before he spoke to allies, or wanted more power, or was trying to pull one over on congress..

  153. Nixon didn't lie by Cro+Magnon · · Score: 1

    He hadn't been convicted of anything, therefore, he wasn't a crook. Merely an alleged one. IANAL, but I play one on /. :)

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  154. Yellow Journalism by inKubus · · Score: 1

    Yeah, it's all based on fear mongering based around the word "Terrorism". They did a beautiful job to make everyone uptight--even to this day, almost 6 years later, you still look around suspiciously when you get on an airplane or go to the top of a tall building.

    Yellow Journalism is what it was called when the media got us into the Spanish American War; Then there was Pearl Harbor.

    Now, before you make a big fuss, think about this:

    Pearl Harbor resulted in around 2400 deaths, yet World War 2 cost us over 400,000 lives.

    The destruction of the World Trade Center resulted in 2,986 deaths, and we are already at 2,433 deaths for the Iraq war (over 2 per day since the war started).

    It's media that leads us to believe that one side died "for no reason" and one side died "preserving freedom" or "for their country" or whatever. It's all just semantics. Dead people are dead people.

    I'm not saying anyone is right or wrong, but merely stating the facts. In general, media hype, bias, whatever you want to call it, is what leads us into bigger problems. We should be shooting for world peace, but instead, as resources such as oil become more scarce, we are posturing to become more and more aggressive and warlike every day.

    The enevitable world war which IS coming will result in the establishment of a single world government, not unlike the United States government. A republic of countries, a new one language for the world, an even distribution of resources and education to everyone, population control to keep the world population around 5 billion, etc. This all has to happen in the next 100 years or we will, as a planet, self destruct. We are rapidly reaching our carrying capacity, many regions are already over populated. We in America are very lucky to be here, with all this space and resources. Yet we waste energy and food because we can, in the name of luxury. We, being the top dog, have the most to lose when the enevitable end of our current way of life comes.

    Wiretapping people, getting rid of naysayers, spinning every fact to benefit the economic interests of the few, these will not protect our country, or the world. Just get used to having less now and it won't be such a shock when it all collapses.

    Or who knows, maybe the robots will solve the problems for us.

    --
    Cool! Amazing Toys.
  155. Re:hmm-clues are needed; time to get out the Clue by Politburo · · Score: 1

    Congress cannot make any law which supersedes the Constitution. They have, and SCOTUS has upheld them, but in reality every single one of them is illegal.

    No, the reality is that they are legal once SCOTUS says so. Let me guess, you don't think the Commerce Clause gives the Congress power to regulate much of what it does?

  156. Re:Please stop... by ipfwadm · · Score: 1

    Your little exchange about the 5th amendment proves that you don't have a clue what you're talking about regarding the Constitution. First, a little refresher.

    The GP wrote:
    Due process is gone.... if the government decides that by posting this message, I am indeed a "terrorist", I can be locked up... without due process, without being allowed to contact my lawyer, without access to my family, and without the ability to post bail... indefinitely.

    There's one civil right gone. 5th Amendment... blown to bits.


    Then you wrote:
    So you've been forced to testify against yourself in a trial? I think not.

    I hope you don't really believe that the only thing in the 5th Amendment is that you don't have to testify against yourself. Just for good measure, let's quote the text of the 5th Amendment:
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    Oh, look at that clause that's in bold. I'll repeat it for you, just for good measure: "No person shall ... be deprived of life, liberty, or property, without due process of law". As the GP asserted, if due process is gone, then the 5th amendment has been blown to bits.

    Please go get yourself a minimal education on the Constitution (hell, just reading it would be a start) before spouting off on what is and what isn't constitutional.

  157. ONLY 47%? by AdamThirteenth · · Score: 1

    So what are the immigration laws in the U.S. again? I mean if I wanted to go to Canada or Australia or England or somewhere, what would it take?

  158. MOD PARENT UP. by MetaPhyzx · · Score: 1

    I never do this, But I completely concur with the above statement. And since I have no modpoints....

    --
    Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...
  159. Your dumb argument makes my hair hurt by DanTheLewis · · Score: 1

    First they came for Padilla and I didn't speak out because I was never with al Qaeda.
    Then they came for the Muslims and I didn't speak out because I was not a Muslim.
    Then they wiretapped Americans with one degree of separation from al Qaeda without probable cause and I didn't speak out because I was not an American with one degree of separation from al Qaeda.
    Then they came for me and there was no one to speak for me.

    Don't be a fool. The government has detained Americans on American soil without probable cause. Innocent people have been caught in the net and tortured. Enemy combatants have no habeas corpus rights. Even innocent people aren't being let go. Do some Googling, like for "innocent detainee". Here's a reference. http://www.washingtonpost.com/wp-dyn/content/artic le/2005/11/13/AR2005111301061.html

    The fact that it didn't happen to you is an accident of history. The fact that none of these people can post on Slashdot is an accident of the Internet access in Guantanamo Bay. Andrea Mitchell strongly implied on MSNBC that Christiane Amanpour had probably been wiretapped. Her husband was working for Democrat politicians. So the Republican government is wiretapping journalists and their political opposition and the best you can do is claim that the danger is hypothetical!

    Hey, I'm a middle class white, I have the same false sense of security that you do. But obviously you don't understand the magnitude of the legal limbos and circumventions the Bush Administration has created. You, or anyone in America, can be wiretapped, detained indefinitely with no possibility of objective judgment by a court, tortured, and then killed. The fact that it hasn't happened to you is your damn fool luck.

    We're on the edge of something here that is much scarier than the next terrorist attack. God forbid, but God also forbid that we sacrifice our essential liberty for momentary security. The first people have already been sent to the Ministry of Love.

    --

    Q: What did the comedian say to the crowd?
    A: If I knew, this joke would be funny.
  160. Connect the dots by greg_barton · · Score: 1

    OK.

    If you're against the war, you agree with bin Laden: linky
    If you agree with bin Laden, you're a terrorist.
    If you're a terrorist, you should be watched.
    58% of the public thinks the president lied about WMD, agreeing with bin Laden.

    At least half of the public should be under surveillance, Q.E.D.

    It's simple, really.

  161. There's a reason for the Bill of Rights by rpbird · · Score: 2, Informative

    Instead of talking about international communications, terrorism, and legalities, let's talk about a neighborhood. There are lots of people doing lots of things in the neighborhood: going to work, raising families, minding their own business. Something bad happens in the neighborhood. A crack house is established and gangsters have a shootout, killing several innocent people. The good people of the neighborhood, with the cops, close down the crack house. But there's a chance the gangsters might come back; the neighborhood and the cops set up a watch program to keep an eye on the vacant crack house and known gangsters. It works, but the fear of their return has not gone away. One old man, obsessed with keeping the neighborhood safe, keeps a telescope focused on the crack house. When he reports suspicious characters around the crack house, no one minds. He's keeping them safe. One day he realizes he might not be catching all the suspected gangsters at the crack house, he starts writing down the tag numbers on all cars who drive by the crack house. The crack house used to be the justification for reporting people to the police. Not anymore. He starts keeping track of the cars and people on the same block as the crack house. Then a two block area around the crack house. Then a four block area around the crack house. The old man eventually has information on every resident of the neighborhood. The local police are flooded with meaningless information. Not one person in the neighborhood can set foot outside without being reported by the old man. They live in fear of him. Instead of freeing the neighborhood from fear, a new fear is introduced to replace the old one: fear of the old man.

    That's why we have a Bill of Rights, something the head of the NSA, judging from his comments at a news conference recently, has never read. Give it a read, why don't you?

    THE FOURTH AMENDMENT OF THE CONSTITUTION, ADOPTED 1791

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  162. Help them out. by Dr_Ish · · Score: 1
    Although I am no legal scholar, it does seem pretty unequivocally the case that the Bush spy program is illegal. The Whitehouse bases their claims of legality on their interpretation of the war powers agreed by Congress. This interpretation is 'novel' in so much as Congress specifically rejected amendments from the Whitehouse that would have explicitly allowed such actions.

    In the meantime, until this matter is ruled on, it seems to me that another concern with this program that nobody has mentioned is the cost. It cannot be cheap for the NSA to caputure all that e-mail and all those phone calls. To this end, it seems appropriate that we should all 'help' the NSA by automatically sending them copies of all the e-mail we send. We should probably let Bush know too. So, may I politely suggest that all /.ers automatically CC all their e-mail to

    nsapao@nsa.gov, and
    presaident@whitehouse.gov

    Surely this would be the most patriotic slashdot effect ever! ;)

  163. It's PRESIDENT Bush by MourningBlade · · Score: 1

    "Mr. Bush, at a White House press conference yesterday"

    Look, I'm not fond of the guy. I fully support impeachment for him, in fact. I believe him to be extremely dishonest. But you know what? It's "President Bush" NOT "Mr. Bush".

    Just like it's "President Clinton."

    I'm sure it was a slip, but these things are important. Just because you dislike the man, don't disparage the office.

  164. Re:CNN by reaktor · · Score: 1

    I agree. It's Orwell's 1984 in real life. Always fighting the 'enemy' keeps the citizens in fear. Fear controls.

  165. I've got it by flyinwhitey · · Score: 1

    "You know, there is a country you would feel more at home at, one where everyone thinks the same and thinking is enforced."

    You must mean slashdot, where everyone has convicted Bush without a trial, JUST LIKE YOU HAVE.

    "The real problem here isn't whether a certain amount of Americans, such as yourself, who don't have a problem with internal spying"

    Show me where I said that. Is your position so weak that you have to make up idiotic straw men? Apparently so...

    "So to conclude, if non-partisan scientists, including most of the former EPA chiefs, including those from Republican administrations, don't trust bush, why should anyone else?"

    So, we're making laws and convicting people based on what former EPA chiefs think? That's pretty fucking stupid if it's true...

    I support due process. Explain to me why you apparently don't, and would rather rely on the opinions of former EPA chiefs to decide case law.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  166. It's actually a great strategy by mech_knight · · Score: 1

    1) Bypass Congress/FISA and allow NSA eavesdrop on "terrorists"
    2) Leak eavesdropping program to press
    3) Hold hearings and find a scapegoat (Alberto Gonzales?)
    4) Conclude that FISA and the Patriot Act ain't so bad after all (when compared to illegal wiretapping).

    Face it, under this administration we are all sheep.

    --
    "Size matters not. Look at me. Judge me by my size, do you?" --Yoda {whips out green light saber}
  167. This is why your opinion is worthless by flyinwhitey · · Score: 1

    "This isn't about due process"

    Then what's the alternative? Listen to YOU? That's a colossally dumb statment.

    It's not about due process... isn't that the same complaint we're always hearing about Guantanamo... and these warrrants...and the Patriot act...

    How embarrassing for you that you let a stupid statement like that out into the wild instead of keeping it locked away in your mind where it belongs. I mean, it's ok to think it, but damn man, you were actually dumb enough to post it. Wow.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  168. Re:hmm-clues are needed; time to get out the Clue by BattleRat · · Score: 1

    and again, I don't have a problem if the UK or anyone else attempts to monitor my transmissions. THATS why I have MY government. Also, you obviously don't know much about the international SIGINT community. I am not really worried about UK, NZ, or CA.

    Do some more research. (hint: look up what ECHELON is)

  169. Just one slight modification. by khasim · · Score: 1
    Even if you care nothing about other people's rights (which have been violated), or about the rule of law, you should care about the fact that your rights can easily be violated.
    If it is possible, then you have no rights.

    Just because it hasn't happened to you (yet?) does not mean that you have any rights in the matter.

    It just means that it hasn't happened to you yet.
  170. What's the big deal now? by a55clown · · Score: 1

    Most people weren't even aware of the existence of the NSA, or their programs in place to collect information (e.g. Carnivore). They've been spying on our telecommunications for decades, and now all of a sudden, people are up in arms about a few wiretaps on suspected terrorists.

    IMHO, Bush's mistake was to visit the NSA and give a speech, as if he needed the public's permission to do so.

  171. fixed link by Kohath · · Score: 1
  172. Political enemies siding with terrorists" by Anonymous Coward · · Score: 0

    "terrorists" now include their political enemies"

    You can thank the political enemies for this. In their "Destroy the country, anything! as long as it brings down Bush" zeal, many of them have decided to support the terrorists. Murtha comes to mind. He's the one who demanded surrender to the terrorists in Iraq.

    There are fewer and fewer Democrats who can put principle and sound policy ahead of the party's scorched-earth policy of trying to "get Bush" at any cost (loss of lives to terrorism, destruction of economy, whatever). Senator Lieberman is one of the few who talks about foreign policy like he knows and cares what is really going on.

    1. Re:Political enemies siding with terrorists" by Anonymous Coward · · Score: 0

      So, you drink that kool aid.

      Must be fun, being that ignorant.

    2. Re:Political enemies siding with terrorists" by Anonymous Coward · · Score: 0

      No. I'm just fed up with guys like Murtha who stand up in Congress to lie about and slander our troops and advocate policies which only support the terrorists. He's the Benedict Arnold of our day, and it is like he puts no thought at all into it whenever he opens his mouth. I also have growing admiration for Senator Joe Lieberman, as he takes the heat from his own "destroy the country to get at Bush" party merely for taking his oath of office seriously. Even if I can't stand Lieberman's efforts to censor videogames and media to "protect our kids".

      If you think that Murtha lying about the situation and calling for us to make an unconditional surrender to the terrorists who attacked us and seek our annihilation.

      From your statement, however, you probably do not care. You are probably one of those who wants large numbers of people to die and for the economy to be destroyed in the hopes of unseating Bush. The lengths to which these "rabid Bush haters" will go.

    3. Re:Political enemies siding with terrorists" by Anonymous Coward · · Score: 0

      I just think you're a new category of idiot: treasonously stupid.

  173. Re:I don't see the big deal... by khoury.brazil · · Score: 0

    He hasn't been indicted because the republicans hold the majority in the legislative branch. And evidence needs to be gathered regardless before any action is taken, especially with the President.

  174. My outrage continuum by kbielefe · · Score: 1
    I wrote my senator about this, and he wrote back that he is reserving judgement until he knows the details of the program. I think he has a good point about the public not really knowing the specifics, and maybe we will never know. Personally my level of outrage is on a continuum as follows:
    • Without warrants, target calls based only on the foreign phone numbers of known terrorists. Only a completely incompetent intelligence agency wouldn't do this.
    • With warrants based on solid intelligence evidence, target international and domestic phone calls based on the domestic phone numbers of known terrorist associates. Absolutely crucial in preventing terrorist attacks. Everyone is happy but the terrorists.
    • Without warrants, but with solid intelligence evidence, target international phone calls based on the domestic phone numbers of known terrorist associates who are inside the United States, but are not U.S. citizens. Absolutely crucial, and probably legal, but why not get warrants to remove all doubt?
    • Without warrants, intercept all calls to or from countries with known terrorist cells, and let a computer search for key words to flag for analysis by a human. Not a perfect solution, but a necessary evil with solid precedent.
    • Without warrants, intercept by computer all calls to or from any foreign country. Probably on solid legal ground, but very shady in the ethical area.
    • Without warrants, and with only circumstantial evidence, target international phone calls based on the domestic phone numbers of foreign nationals who might know terrorists.Unethical, but foreign nationals are not protected by our constitution, and it may be a necessary evil in wartime.
    • With warrants based only on circumstantial evidence, target international phone calls based on the domestic phone numbers of American citizens who might know terrorists. Appalling abuse of judicial authority, but at least there is an individual review of each case.
    • Without warrants, but with solid intelligence evidence, target international phone calls based on the domestic phone numbers of known terrorist associates who are American citizens. Absolutely crucial to prevent terrorist attacks, but not supported by the Constitution without extremely weak justifications. I hate terrorists too, but they deserve the same due process we hope our soldiers would receive, and the same due process murderers, rapists, and drug dealers receive. Swallow your pride and get warrants to remove all ethical doubts and to prevent any possibility of a terrorist being released on a legal technicality.
    • Without warrants, and with only circumstantial evidence, target international phone calls based on the domestic phone numbers of American citizens who might know terrorists. Completely appalling violation of civil liberties. Grounds for impeachment hearings.
    --
    This space intentionally left blank.
  175. Don't think of it as person/party... by TCQuad · · Score: 1

    Still, though... you've got to wonder how much more of this the Republican constituants will accept.

    Think of it as parent/child. Your ideas, your beliefs are your intellectual children, as are those who say they will defend them. Go into any public school and watch a parent/teacher conference with a repeat offender. It'll look something like:

    Teacher: "Your child was found guilty of [insert offense here]."
    Parent: "Not my child! He's perfect!"
    Teacher: "But [insert long list of evidence]."
    Parent: "I don't believe [you/the witness] and the evidence is [circumstantial/shaky/untrustworthy]. If it's anyone's fault, it's [friend/other child/generic scapegoat]"

    For the sake of the metaphor, the teacher is some independent authority (media, courts, scientific study). It's in a parent's nature to deny that their problem child is a problem. This happens in equal parts because the parent truly believes that their child is right and because any attack on their child (even correct ones) is a perceived attack on them.

  176. MOD THIS SPAMMER DOWN by Anonymous Coward · · Score: 0

    His sig shows even if you have sigs turned off, mod this spammer down.

  177. the House must impeach by Anonymous Coward · · Score: 0

    but a party line vote saves Bush from impeachment, the democratic party easily wins midterm elections

    Before the party line vote in the Senate, the House of Representatives must prepare the articles of impeachment. (ie: the indictment)

    Now, guess who runs the House?

    PS: I hear it is run like a plantatiion!

  178. Re:Please stop... by Darby · · Score: 1

    If a dem was doing this, for hte same reasons, I would have no problem with it because I agree with the POLICY, not necessarily the President.

    Then may I kindly suggest that you move somewhere where people share your beliefs like North Korea? Seriously, if you're too cowardly to live in a free country, how about *you* move to a country that shares your values and lack of courage and integrity? Why do you choose to try and fuck things up for the people who live here becasue they actually like freedom and have the courage to live with it, rather than just going to live among your kind?!?

  179. Spade! by Anonymous Coward · · Score: 0

    "Honestly, if you are not doing anything illegal, what part of "liberty" is being taken away by wiretaps?"
    I'll translate that as:
    "Honestly, if you are not doing anything illegal, you shouldn't mind if someone else is doing something illegal."
    And then I'll laugh at your faulty logic all the way to the...*whack* Hey! Who let you in here?! You better have a warr*bludgeon* OH GOD! PUT DOWN THE *BAM* (blood drips over keyboard, hooded agent presses enter key for shits and giggles)

  180. Picking a nit by einhverfr · · Score: 1

    Actually all of the FISA procedings are secret so we wouldn't know these things even if Bush went to the court.

    The reason why Bush is not going to the FISA court is that they have been critical of the Administration for not being up-front about things in the past and he wants a total free hand.

    --

    LedgerSMB: Open source Accounting/ERP
  181. Legal Justification for spying is... FEAR by jeffsenter · · Score: 1

    I attended a recent speech by Attorney General Gonzales on the NSA's domestic spying program. This speech was to outline the legal justification for the domestic spying by the Bush administration. The speech started and ended with fear mongering. Fear, 9/11, and the /inevitable/ next attach were major parts of the speech. In between all of this fear was an incredibly weak legal argument. The skimpy legal argument (had to make room for all of the fear) had two parts. First, the President is commander-in-chief and during wartime has limitless authority over war-matters and anything vaguely related to war is at his dictatorial discretion. Second the force authorizing resolution allowing the President to invade Afghanistan passed just after 9/11 gives the President maximum authority to do whatever he sees fit as long as he considers the US at war. I am not a lawyer, but these arguments totally fail on a simple reading of the Constitution. The Constitution provides for Congress to have equal if not greater power than the President and the Congress has legislative power (make laws on things like spying as it has done repeatedly) and discretion over war matters as well (start and end war and fund and mobilize troops).

    Even though the Bush administration is on a PR offensive around the spying, Americans are not going to buy into it. The more people learn about domestic spying the less they are going to like it. Right now Americans are just beginning to learn.

  182. Specifically by KenSeymour · · Score: 1

    On April 20, 2004, President Bush said, "Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."

    --
    "We can't solve problems by using the same kind of thinking we used when we created them." -- Albert Einstein
    1. Re:Specifically by Abcd1234 · · Score: 1

      Now now... that's not lying. That's flip-flopping. ;)

  183. People still don't get it by Lead+Butthead · · Score: 1

    The problem prior to 9-11 isn't that terrorist activities were not detected, but that information was not propagated (i.e. left hand doesn't know what right hand is doing.) Information collection was NEVER the problem. Since 9-11 I cringe everytime I hear about how government wants to collect MORE information.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  184. Analysis of a Frothy Mouthed Pseudo-Patriot by lifespan · · Score: 0

    Wow, you rounded all the bases of the frothy-mouthed pseudo-patriot in that anusload. Lets have a closer look at the tools a tool like this uses....

    Wake up Jack ass
    There's always room for a snappy introduction using the biggest words you can spell!

    if you don't think there is a problem with terrorist blowing up people all over the world
    a good shill will paint the op as a supporter of the terrorist's actions,

    start reading something other than slashdot
    and it's always helpful to suggest the op is lacking in sources when trying to smear them.... right?

    The american people elected him and would again if the elections were held today.
    I recall the elections were heavily disputed with votes not being counted from some areas and completely lost from others. Once again, a half truth posing as fact wrapped in the conjecture of a halfwit's guess at how the US would vote today. Honestly, I suspect this type couldn't guess how many toes are on his feet without asking his Sister-Wife to cut off his shoes. LOL

    Get your head out the sand and your own ass.
    Ah, the old "insult sandwich". Sir yes Sir!

    Impeach the president for protecting america from attacks, huh????
    No, impeach him for breaking a law that is written in black and white. This is a great example of how unfocussed the one eye of a pseudo-patriot can be.... LOL. If Boosh was intersted in protecting the US he would have gone to war when he was drafted like all the other citizens who didn't have powerful daddies! Instead he chose to dodge the draft and bypass the same sacrifice he expects of the youth of today to make.

    No one except a few liberals\dems think the president broke the law
    First minimise the infraction by suggesting only a few insignificants are upset...

    and if it is breaking the law, then the laws will be changed; as sugested by the dems themselves.
    backpedalling, no matter how weak and ineffectual, is a must when supporting the corrupt. the law is the law until it's changed,. Full stop. This is how we keep social order.

    Monitoring terrorist phone calls to people in the US during a war is just common sense you idiot.
    Ah, when you invoke the 'T' Word you can transform a US citizen into a terrorist. Reminds me of Salem. When they applied the 'W' word, perfectly normal people become bloodthirsty halfwits ready to burn the innocent at the stake on the sayso of dishonest self-serving authorities (not surprisingly religious ones... the most self serving of them all). Amusing that our favourite good old boy holds himself up as a paragon of religious goodness and and paints the opposition as evil baby eaters. George and Osama have both blown up their fair share of fully populated child minding centers and should both be tied to the same rock and thrown in the ocean, to protect the children..... think of the children!!!! ;)

    Go join the Talaban.
    And finally the staple of the lesser frothy-mouthed pseudo-patriot.... paint the op in the enemy's colors.

    Bravo, you have rounded all the bases and scored a homerun for pickup drivin, flannel wearin pseudo-patriots everywhere yeeeehaaarrrrrrrr. In 10 years time you will cringe at how pitifully easy it was for even the weakest propaganda to subvert your will. Sad.

    --
    -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
  185. Re:Please stop... by straightcash · · Score: 1

    I couldn't have put it better myself.

  186. Wiretap crisis takes about 40 years to repeat. by dweller_below · · Score: 1

    It is eerie how clearly these crisis were anticipated by the first US Supreme Court to fully grapple the wiretap issues.

    It happened back in 1928. It is well worth reading.

    The case was OLMSTEAD v. U.S., 277 U.S. 438 (1928)

    There is a wikipedia article discussing this case at:
    http://en.wikipedia.org/wiki/Olmstead_v._United_St ates

    The decision is available on Findlaw at:
    http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?c ourt=us&vol=277&invol=438

    Then, about 40 years later, it seems like the US had to explore just how bad things could get during the abuses of Operation Shamrock.

    Now, 40 years later AGAIN, we appear to be doing it all over again.

    Then, as now, the government appeared to have the best of intensions. Then, as now, the government violated the law in order to perform the wiretaps.

    Back in 1928, Associate Justice Louis Brandeis clearly anticipated our current situation. His words back then are extremely relevant today:

    Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
    [SNIP]
    Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means-to declare that the government may commit crimes in order to secure the conviction of a private criminal-would bring terrible retribution. Against that pernicious doctrine this court should resolutely set its face.

  187. Illegal wiretapes by Anonymous Coward · · Score: 0

    If the Yanquis trusted their own gov't in time of war there would be little controversy.

    That little would be pigeonholed, in a just world, into "other opinions" for further observation.

    A war is a war fer gosh sake. There is only one acceptable outcome.

    It is clear at this time that Amerikans don't really trust the system they promulgate all over the globe. (In their own hearts)

    My own personal bitch is that they are leaning on US Canadians to toe some metaphorical line of theirs, and enter their realm of fantasy.

    It is close to the point that american licence plates in OUR space get discrimenated against in un-nice ways. This would not be good but is in keeping with the illusary nature of our neighbors.

  188. You need to do some reading! by TXG1112 · · Score: 2, Informative

    US Constitution

    Article II, Section 3

    He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

    Are you suggesting that the President is exempt from the laws that he is required to take care be faithfully executed? That interpretation makes no sense.

    --
    I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered. My life is my own.
  189. Wiretaps not "domestic" by mi · · Score: 1
    It's an open question as to whether any purely domestic conversations have been tapped; the administration has claimed not, but there have been leaks to the opposite.
    If the leaks were credible, you would've posted links, I'm sure. Until then, they are not purely domestic -- as my original posting suspected.
    There are also serious questions as to whether results from the warrantless wiretaps were used to seek later FISA warrants without informing the judges [...]
    This is a different subject.
    Given that this administration seems to be treating vegans as terrorists [...] skepticism is warranted.
    That article can also be used to claim, "this administration seems to be trating brunettes as terrorists"... It is disturbing, that someone was (allegedly) arrested for taking down a license plate number, but, for some reason, the article did not bother to give the formal charge of the arrest.

    Given the hysterics of some of the government-bashers, "the scepticism is warranted". Hopefully, the ACLU lawsuit will clear things out.

    --
    In Soviet Washington the swamp drains you.
  190. Think for yourselves by Anonymous Coward · · Score: 0

    Instead of parroting the dailykos line.

    First, on the accuracy of this poll.

    Second, for all those parroting the msm about FISA, according to the administration, over 1200 warrants were obtained under FISA. So FISA is being used where FISA is applicable. One cable news network took the time to parse through the text of the FISA law and pointed out that in the specific language of the law, there are particular circumstances where FISA law does not and cannot be applied. It is assumed that under these circumstances among others that FISA wasn't used. Also, some experts on this topic were brought on and he quickly pointed out a handful of examples where FISA could not be used, yet surveillance would be critical for stopping terrorists.

    According to every example I've seen, as long as one end of the call originated or ended outside the US, FISA doesn't apply and the administration would be within the law in intercepting, tracing and trapping, or listening in on these calls.

    The presumed leaker within the NSA, can't recall his name right now, was interviewed a while back on a news channel. After being asked the question several times, he admitted that ALL calls, ALL calls, that he was aware of (he admitted he wasn't participating directly in the program itself) either originated or terminated outside the US. That would make every call he was aware of an International call.

    Not the "domestic surveillance" that the msm has been parroting, using as the phrase in their crawls, and the phrase that the NYT used in its poll.

    Further, again on dailykos and elswhere, either intentionally or through sheer stupidity, they are ignoring the fact that the 9/11 commission found that FISA was problematic in the time it took to get a FISA warrant (because of paperwork even after the 72 hour limit and because of the level of threshold required, probable cause, which required gathering more evidence which may not even exist due to the nature of the calls). Post 9/11 commission report, it was recommended that this be shortened, fixed, sped up.

    Again on dailykos and elswhere, it's being repeated that the administration stated that FISA didn't need adjusting, that they believed that lowering the standard would be unconstitutional and would jeopardize cases. Either intentional or sheer stupidity is leaving out that this is DOMESTIC calls, not International calls. It was brought to the attention of the 9/11 commission and others within the administration that even Osama Bin Laden would have greater protection under FISA had he entered the US and calls originated and terminated wholly within the US.

    Further, dailykos and others, either intentionally or through sheer stupidity, are confusing the text of the 4th amendment, and the statements of the administration. The 4th amendment has both suspicion and probable cause as a part of it and as part of supreme court decisions. But the administration is correctly quoting the part with reasonable suspicion because their program has to do with International calls, which has a different, lesser threshold than wholly domestic calls. Also, read up on some constitutional history. Read up on the amendments, and the meaning of a comma separating text within individual amendments.

    Putting aside the 4th amendment and FISA, the President has inherent powers under the Constitution that can't be taken away by Congress through laws such as FISA. If FISA is upheld (hasn't been tested yet), the President would still have additional inherent powers under the Constitution.

    One of the arguments against Alito during the confirmation hearings was whether the President could unilaterally attack Syria or Iran. Newsflash, where have the senators been during their grade school history lessons? The Constitution itself gives the President the power to "commit troops" along with other powers to defend the US. And as part of the separation of po

  191. Not a Game by Doc+Ruby · · Score: 0

    No, actually I say that our country, including you, has been violated, by an unlimited government. But of course you see it as "crying", because that's what you do when you lose what you see as a game, of side vs. side. Those are some dangerous frames you're wearing, with the mirrored lenses pointing inwards.

    --

    --
    make install -not war

  192. action, intent, and circumstance by Anonymous Coward · · Score: 0

    three ways to look at guilt. so far, bushadmin is stating that they took the action. the action was illegal under all but the most fantastic interpretations of the law. maybe their intent was ok and the circumstances were trying... so at best, it's analagous to manslaughter.

    1. Re:action, intent, and circumstance by jabster · · Score: 1

      The state of the law was summed up by the Second Circuit in United States v. Duggan, 743 F.2d 59 (1984), a terrorism case in which the court, among
      action was illegal under all but the most fantastic interpretations of the law

      Apparently you missed this:
      The state of the law was summed up by the Second Circuit in United States v. Duggan, 743 F.2d 59 (1984), a terrorism case in which the court, among other rulings, upheld the constitutionality of the Foreign Intelligence Surveillance Act (FISA), which was adopted in 1981. The court wrote:
      Prior to the enactment of FISA, virtually every court that had addressed the issue had concluded that the President had the inherent power to conduct warrantless electronic surveillance to collect foreign intelligence information, and that such surveillances constituted an exception to the warrant requirement of the Fourth Amendment.

      And:
      The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information.
      -Ref http://powerlineblog.com/archives/012631.php#01263 1

      Please. Do at least a LITTLE research before posting. (And yes, I know this is slashdot...)

      -john

      --
      Slashdot: you'll not find a more wretched collection of villainy and disreputable types...
  193. not good enough by Anonymous Coward · · Score: 0

    still doesn't make it legal now, does it? if bushadmin wanted to do this and it was actually defensible, they could have had the law changed by now to allow their methods. there's a freaking republican majority in each house of congress.

    don't give me some bullshit about how changing the law would make the program useless. if that's the case, then the program shouldn't exist.

    1. Re:not good enough by Kohath · · Score: 1

      still doesn't make it legal now, does it?

      Nope. It's legal or not regardless of the fact that it's necessary.

      I think it's legal. The Bush Administration thinks it's legal. The Supreme Court hasn't ruled on the legality one way or the other. The Congress doesn't have a say in the matter, other than funding the NSA or not.

      It'll probably be decided in court in a few years. The only result of that decision will be which side gets to say "see, I told you so".

  194. Re:What the CRS report *ACTUALLY* said by Penguinshit · · Score: 1


    The conclusion of the CRS report in question stated that the legal rationale given by the Bush administration is weak at best.

    The NSA program is, strictly speaking, illegal. FISA, however, grants authority to circumvent if given "by statute". BushCo claims the AUMF as the statute in question (citing "in re: Hamdi" as authority). The CRS report says that read is pretty flimsy. No legal scholar yet has agreed with BushCo's justification.

    Why people like you so serious about breaking the law that you'd give Bush a free pass without an independent inquiry?

  195. You sure do by Sir_Eptishous · · Score: 1

    Bush isn't on trial here, and he won't be tried let alone convicted.
    Too many non-critical thinkers for that to happen...

    If you had been paying attention, you would see that due process is the one thing bush and his ilk have avoided at all costs.

    Example:
    The White House opposed the creation of the 9-11 commission from the start, and after it reluctantly yielded, it sought to bar the commission from seeing documents pertaining to the attacks. The stonewalling went on so long that commissioners (bi-partisan) were months behind in their work and yet the White House insisted that the deadline for the commission's final report shouldn't be extended.

    Another Example:
    "Ratcheting up a battle with Congress, the Bush White House is now refusing to turn over Hurricane Katrina related documents or make senior officials available for testimony. The administration contends executive branch discussions about the storm are not open to review by Congress."

    Sounds like due process to me!

    --
    We play the game with the bravery of being out of range
  196. 4th Amendment Trumps All by mtaff · · Score: 1

    It makes no difference if congress was briefed or not. Neither the president nor congress has the authority to sanction violations of the 4th amendment. *All* US persons are protected by the 4th amendment, regardless of whether they are talking to OBL. If you want to tap a call between a US Person and anyone else, you need a warrant. And the standard for getting that warrant is probable cause.

    The *only* reason to bypass the FISA court is because you don't have probable cause required to get a warrant. And the FISA Court is a huge rubber stamp, granting tens of thousands of warrants, and only denying a handful where the govt couldn't establish probable cause.

    The govt justifies this by "well, even though we don't have any evidence that says it is likely they committed a crime, we still think they may have committed a crime because of X suspicious act, and we think we are being reasonable." So we are going to bypass the court because they will say "No", and then we can't do it without violating a court order.

    A classic example of Asking for Forgiveness instead of Permission, except that they aren't asking for forgiveness--they are asserting that the 4th Amendment doesn't apply to US Persons they want to tap but don't have enough proof to establish probable cause.

    The administration's admitted wiretapping is more than enough to justify impeachment proceedings, which essentially serves the purpose of a grand jury--making sure we have a reasonable basis to prosecute this crime so we don't prosecute people who are clearly innocent.

  197. Let me get this straight... by Gorimek · · Score: 1

    You seem to be saying that only those who have actually had their rights violated by the government have a right to complain about those violations?

    Do you see it as a problem that under this logic, the government could openly operate death squads and kill anyone they wanted in broad daylight, and nobody would ever have a reason to complain?

  198. WRONG! by Anonymous Coward · · Score: 0

    A Republican lawyer said that Clinton did it, but actually lied. You can read what really happened here. Clinton and his people conducted themselves completely within the confines of the law.

  199. Prior? by Anonymous Coward · · Score: 0

    They did not need prior aproval to start a wire tap. They have 15 days after they start a tap to submit the request to the FISA court.

    If they had been wiretapping terrorists they would not have hesitated in getting the orders. The only reason they need to do what they did secretly and without any oversight is because they were wiretapping americans phone lines for their own political advantage.

    Unless you really think that grandmother quakers are a terror threat... and if you do, then you need to grow a set and stop being a pansy.

  200. Actually no. by Anonymous Coward · · Score: 0

    "Any such law would be void."

    Not all by itself. That would be up to the supreme court to decide. It isn't in the executive branch to decide if a law was constitutional or not. The way it would work is the USAG would challenge the law in the Supreme Court. If the Supreme Court said it was constitutional, then it is, by definition, constitutional.

    Now the other part of that is the USAG may decide simply not to prosecute the president. However, congress is fully within its power to impeach and convict the president at any time for any reason.

    Frankly, both republicans and democrats would be better off if Bush were impeached. Then, he could defend his wiretaps in front of the people who make the rules, the congress. If congress felt he was within his power, he would not be convicted. If he was not, they'd remove him from office.

    That's the way it works.

  201. Congress doesn't need to by tkrotchko · · Score: 1

    "Why do you think they haven't already tried impeachment? Because there's no evidence."

    Actually congress can impeach and convict the president whenever they choose. They can do it because they don't like his tie. Really.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  202. They could... by tkrotchko · · Score: 1

    "The po-po could bust down your door for any old reason, throw your underwear drawer out on the front lawn for the world to see."

    As long as a judge agreed with the reason, then yes. If they bust in without a warrant, the police (or "po-po" in your parlance) can be thrown in jail. They have "broken the law" in legal lingo.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  203. Re:What the CRS report *ACTUALLY* said by Anonymous Coward · · Score: 0
    Why people like you so serious about breaking the law that you'd give Bush a free pass without an independent inquiry?

    The guy is a constant liar and loves to warp anything that he can. Your best bet is to leave him alone. If you follow through some of his links, you will find that he is all over the place. From reading some, it apears that he claims to live all over, is about as uncouth as they come. Funny that the guy claims to be a democrat, but yet really seems to love nixon, reagan, bush I, bush II and the republicans. Basically, none of them can do wrong. If I did not know better, I would swear that he is here to FUD as much as possible for the republicans.

  204. Pattern Searching by Anonymous Coward · · Score: 0

    The way it works is the gubbament has the number of a known evil dooer. The evil dooer has a list of numbers. OK, now the gubbament monitors all those numbers. Those folks make phone calls. The gubbament takes that list and sees what numbers they call. The gubbament then uses their giant cornputers to see where patterns start to drop out. If someone on the A list called someone on the B list and that b list person called someone on the A list. That B list person is a suspected evil dooer. Obiously, it would be difficult to get a search warrant for the B, C, D list citizens, or however deep the gubbament is going looking for matches back up the list.

  205. LA Times Poll, too by onemorechip · · Score: 1
    LA Times/Bloomberg poll published today with similar results:

    A narrow plurality, 49% to 45%, said they supported Bush's decision to allow the National Security Agency to intercept, without a warrant, international communications suspected of links to Al Qaeda.

    Hard to believe. But then there was this:

    A large share, 46%, said they would not mind if the government monitored their calls "as part of the fight against terrorism"; 53% said they would object.

    So about 8% do care about their own rights but don't mind as long as it's somebody else's rights being violated.

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  206. aren't people... by austinpoet · · Score: 1

    who respond to polls just as likely to be selected for jury duty (and not get out of it)?

  207. Speaking as someone who has read the Constitution by onemorechip · · Score: 2, Interesting
    I'd like to point out that the Constitution expressly gives Congress the authority to establish courts lower than the Supreme Court. It also expressly denies the government permission to perform searches and seizures (interpreted by our courts to include wiretapping) without a warrant.

    The Constitution does not establish who has the authority to issue warrants, but that has traditionally been vested in the courts. I don't think you'll see that presumption overturned any time soon; doing so would invalidate every federal search warrant ever issued.

    A little common sense tells us that Congress cannot effectively establish a court without defining that court's purpose and jurisdiction. Since one legitimate purpose of a court is to issue warrants, FISA is an appropriate exercise of Congressional power. FISA does not restrict executive powers; in fact, it is an enabler of an executive power. In order for the executive to exercise its power of "search and seizure" while meeting the Constitutional requirement of obtaining a warrant, a court must exist (be established by Congress) with the authority to issue the warrant.

    Q.E.D.

    The power in question is the war-making power, which the constitution grants to the executive branch.

    Although "war-making power" is not relevant to this case, you won't find these powers vested in the executive branch:

    To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

    To provide and maintain a Navy;

    To make Rules for the Government and Regulation of the land and naval Forces;

    etc. You are probably thinking instead of this clause:

    The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States

    but that clause makes no mention of "war-making".

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  208. what a joke by catahoula10 · · Score: 1

    "The telephone poll was conducted with 1,229 adults, starting Friday and ending Wednesday."

    Is that all the people they could find to reply in 6 days?
    1229 people over a 6 day period is hardly noteworthy muchless newsworthy, but, why an i not suprised? This is a NewYork Times poll after all.

    Call me whan the poll is nation wide and about 50 to 100 million people. They maybe i'll consider the results as being creditable and as reflecting the general opinion of Americans.

    Polls such as this one are nothing but jokes. And the results are used to sway public opinion.

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  209. not true by Mika24 · · Score: 1

    if you actually read the article and the poll and not just the headlines you will see that a vast majprity of those polled actually dont mind the idea. it's when you make them think that everyone is being wired tapped and not just possible terrorists that they dont like it

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  210. Stop Smoking Crack by Concern · · Score: 1

    During calendar year 2003, 1727 applications were made to the Foreign Intelligence Surveillance Court for electronic surveillance and physical search . The 1727 applications include applications made solely for electronic surveillance, applications made solely for physical search, and combined applications requesting authority for electronic surveillance and physical search simultaneously . The Court approved, in whole or in part, 1724 applications.

    The Court denied four applications. The Government did not appeal. any of those decisions.


    -2003 FISA stats

    This is the most since 2000 - In fact I believe in other years all were approved?

    No wonder you didn't cite your sources. You're lying through your teeth. :D

    So what's the deal? Do you get paid for this, or is it just fun?

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  211. Stop Smoking Crack - Part 2 by Concern · · Score: 1

    Reposted right wing blog propaganda. Not worth the paper it's not printed on.

    What does it say? That we can ignore any law if it's inconvenient.

    Wait... no, sorry. It just looks like it says that. I think it means that Bush can ignore any law if it's inconvenient.

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