Justice Department To Review Domestic Spying
orgelspieler writes, "According to the New York Times, Justice Department Inspector General Glenn Fine has opened a review of his department's role in the domestic spying program. Democrats (and some Republicans) have been requesting an all-out investigation into the legality of the so-called 'Terrorist Surveillance Program' since it was made public. But this new inquiry stops short of evaluating the constitutional legitimacy of the program." From the article: "The review, Mr. Fine said in his letter, will examine the controls in place at the Justice Department for the eavesdropping, the way information developed from it was used, and the department's 'compliance with legal requirements governing the program'... Several Democrats suggested that the timing of his review might be tied to their takeover of Congress in this month's midterm elections as a way to preempt expected Democratic investigations of the N.S.A. program."
And one reason alone...
"I'm sorry Senator, I cannot comment on the program due to an ongoing Justice Department investigation" - Alberto Gonzales, speaking to the new Democrat controlled congress sometime next year
Finkployd
Domestic spying program is not real. My computer is safe and nobody is sp+++NO CARRIER
-- Rastignac was here.
Regardless if they're doing this to prevent a congressional hearing, I think all of Bush's cabinet are in up to their necks with this thing. They've promoted it, publicly praised it & even publicly defended it--I'm excited to see it publicly scrutinized & watch revisionist history write them all off as enemies of the constitution. I mean, my grandfather tells me about the horrible things the president authorized against Japanese-Americans during World War II & my father tells me the horrible things that Nixon did. I'm sure there will a time when I'm a haggled old coot that keeps telling my kids how lucky they are not to have a president that's pushing for government archival of their phone & internet records--and that's the only part I knew about which mean it must be twice as worse! So I put an onion in my pocket which was the style at the time
My work here is dung.
It's a preemptive move. Either the justice department can order an inquiry (Justice dept = Bush cronies), or Congress can order a special investigator (which would be independent).
So this is a preemptive move, designed to head off a full investigation.
What the headline calls domestic spying is actually the tapping of phone calls to and from people inside the United States to and from someone outside the United States who is a known terrorist or member of Al Queda. It is not, as some believe, the government wiretapping phone calls internal to the United States.
But why is the rum gone?
But this new inquiry stops short of evaluating the constitutional legitimacy of the program
Unless, when they say "Justice Department" they actually mean "Judges," then of course it "stops short" of determining the constitutionality of a program. That's what judges do. They don't always do it well, but that's what they do.
Don't disappoint your bird dog. Go to the range.
Does anyone else find it interesting how slowly the slashdot crowd is responding to this topic? I figure it's one of three things, but I can't guess which:
- We're too tired of talking about this issue
- We realize that we all agree it's evil, and that no one is listening to slashdot
- We're somewhat afraid that this topic will actually be read carefully by the Justice Department
Beer is proof that God loves us, and wants us to be happy.
http://www.guardian.co.uk/uslatest/story/0,,-62440 89,00.html
But that will not prevent the coming Congressional Wankfest and Witch Hunt. Henry Waxman as much as said so.
The next two years will be a reprisal of the inept, ill conceived and utterly useless Iran Contra Hearings.
When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
W says with this program he's "listening to al queda operatives in the United States make plans". My question is, if W knows al queda's phone number, why doesn't he go and bust them?
i n/view/)
In all these years one can count the number of terrorist convictions racked up by the DOJ on one hand. Experts are saying there is no vast al queda presence in the United States (see PBS Frontline "enemy within" http://www.pbs.org/wgbh/pages/frontline/enemywith
Who the heck are they listening to...?
I can't believe I voted for Bush the first time. Had I know he would willing to ignore our constitution and way of life in the name of safety, I would have never considered him. Top that off with hiring a guy like Alberto Gonzales (whom I dislike even more than Bush), I just feel like an idiot... I'm not willing to turn this country into Nazi Germany out of fear of some guy who might come up with a creative way to kill me.
I just hope this Glenn Fine isn't related to Larry Fine (Wise guy, eh?)
Why is there even an investigation needed? It's clear that "domestic spying" (here in Europe we know enough about it to just call it what it is: fascism) is completely contrary to the very nature and essence of what America theoretically represents.
Put simply, no investigation is necessary to determine that the "domestic spying" is unacceptable, should thus be immediately stopped, and legislation passed to prevent such nonsense from arising in the future. The fact that the Democrats haven't immediately put an end to it suggests to the rest of the world that they're not truly different at all from those in the Bush administration.
I'm sure someone will correct me if I'm wrong (and will probably try even if I'm right and they're wrong) but isn't the spying program we're talking about calls that original foreignly and only terminate domestically? Based on on the criteria that the spying program is being called "domestic" all cars sold in the US would be domestic regardless of location of manufacture and assembly unless you go to a dealership in a foreign country and purchase the car there and import it, it is no longer foreign. All wines are now "domestic" it doesn't matter where the grapes are grown, fermented and bottled if the sale happens locally it is now "domestic". Money transfers from secret Swiss bank accounts are now "domestic" transactions as long as the transfer terminates in your account held with a US bank. We're talking about international phone calls that originate at a foreign country and only terminate domestically.
Now having said that, does that mean we shouldn't worry about the program? Not necessarily, you can say it's only terrorists phone calls that are being tapped into, but odds are it's more than likely it also applies to suspected terrorists and suspicion is not a very high bar to set. Additionally if you allow the government to spy on any foreign calls how long until we see certain calls being rerouted through overseas circuits so that they can be declared foreign and be subject to policies established for foreign calls. There are real issues to be looked at but throwing up a smoke screen and calling it "domestic" spying isn't the way to get to the real issues to be concerned with.
Unfortunately I have to agree with you.
Seriously, when they start frog marching DOJ officials for high crimes and misdemenors, I'll believe that congress is sincere. Until that point I'll be treating this as a dog and pony show to appease the rabble.
"Learning is not compulsory... neither is survival."
--Dr.W.Edwards Deming
It may be illegal without a FISA warrant, but nobody will prosecute Bush if it truly has only been used for terrorist related work. That's the difference and the reason for investigating.
He's loaded the NSA and CIA with his cronies, if the DOJ finds anything bad, those cronies will accept the blame on behalf of the NSA or CIA and apologize to the President for their failures and a cosy stitch-up will happen, just like the CIA took the flak for over WMDs in Iraq.
However if the independent investigator gets in, he'll speak to the real NSA staff, and the real CIA intelligence men and get the real story and real guilt will be determined.
"The fact that the Democrats haven't immediately put an end to it suggests"
You do understand that they're not yet in power?
Are you implying that Bush's spy plan was constitutional? I don't see where 'revisionist history' comes into play here...Bush and Co. seem to prefer 'revisionist present' where they lie through their teeth until the evidence of their evilness can no longer be denied.
lying is evil.
Blar.
I mean, if the DOJ is taking the trouble to review it the prof must have told them it will be on the test. Though with all these benchmarks going around maybe it's a federal requirement now...
"Learning is not compulsory... neither is survival."
--Dr.W.Edwards Deming
the first judge allow into evidence recordings collected without a warrant. This warrantless wiretapping hasn't been brought up before the courts where I suspect all evidence collected in that manner will be thrown out. No American will be convicted on it. Any worry I do have is supression of dissenting voice using illegal wiretaps.
You don't have to be smart to use a Mac, you just have to be smart enough to buy one
Given the high level of informedness and concern about civil liberties with this crowd, I think it's time for a poll. No really, I'd be curious to see the results-
"Do you think George Bush should be impeached for breaking the FISA law?"
-Yes
-No
-No, but impeached for something else
-No, just to take an unarmed stroll through any street in Baghdad
The NSA warrantless wiretapping is already officially illegal.
Bush violated the FISA. The FISA is an exception to basic Constitutional guarantees of protection from government privacy invasion and arbitrary searches, within an extended compromise with rare, extreme cases where the government claims extraordinary necessity for speed and secrecy that the normal due process cannot accommodate.
Bush violated the FISA exception that requires him to get a warrant. Therefore he violated the Constitution. Many times, over many years. As a matter of policy, with a large staff behind him. Bush is a criminal of the highest order. That means impeachment. You or I would go to Federal prison for years and be bankrupted. Bush will clear brush at his ranch.
--
make install -not war
We're becoming more and more like the European Surveilance State...and who would have thought the REPUBLICANS would be driving it.
I thought I could at least trust the Republicans to spend less of my money and to reduce gov't intrusion into my private life....now what the fuck are they good for?!
Blar.
How about... legally?
The problem that Democrats and other patriot have is not with the wiretapping. Listening in on phone calls between Americans and suspected terrorists abroad is, everyone agrees, a good thing, and entirely legal if it is done according to the law of the land. That means getting a warrant from the FISA court.
The issue with Bush's wiretapping is that it violates that law. Bush is engaging in warrantless wiretapping of those phone calls.
(And, incidentally, the administration has never given a plausible reason why it can't get warrants. The FISA court is notorious for rubber-stamping requests -- it rarely turns them down. And the request can be made retroactively, so it's not like a warrant would hold up a time-sensitive investigation.)
Please don't turn this into an issue of whether or not we should listen in on phone calls with a suspected terrorist on one end. Everyone agrees we should. The question is whether the law should apply to the president, and whether warrants should be required before listening in on Americans' phone calls.
The question which the Department of Justice will now, for a second time, investigate, is what role the Department of Justice had in this violation of the law. Whether it really makes sense for Bush's DoJ to investigate itself, I can't say. (The first investigation, long-delayed, was eventually cancelled when -- I am not making this up -- George W. Bush personally refused to grant security clearance to the investigators.)
He can do this because we are in a state of declared war.You are absolutely, 100% wrong. Bush's Attorney General Alberto Gonzales in July confirmed that there's been no declaration of war and that this therefore does not affect the legality of this program.
Ahem, no, today sir we are saying that the program is a way to give teddy bears to militant preschoolers...
wait, let me get out my decoder ring and check that.
Today is what a waning gibbous?
Oh, waxing?
Okay, today we're saying the program is a test posed to the American people to see if they can recognize and defend the Constitution against a Trojan Horse.
Yes, I know how it sounds sir, but that's what it says.
Yes, we will all probably be hanged for this sir, but it's in the name of science, sir.
It is called the Terrorist Surveillance Program.
It is so-called domestic spying by the enemy media.
- This war on terrorism is our new Cold War. It will last a generation or two.
- Because we are at war it is necessary to engage in certain behaviors--renditions, torture,
domestic spying, secret prisons, etc.
- We cannot tell you what we are doing because it would compromise national security during a
time of war.
- The courts cannot review what we are doing because it will compromise national security during
a time of war.
- Any newspaper reporter or news outlet that reports a leak of these programs can be put under
oath and forced to reveal sources, under threat of going to jail for contempt.
- Only select members of Congress can know what we are doing. But they cannot tell anyone because it will compromise national security.
- When Congress passes laws, the president has the right to ignore these law if he believes they
infringe upon his war powers or his role as Commander in Chief.
- The courts cannot review the president's decision in rule no. 7 because it would compromise
national security.
These rules have the very convenient effect of disabling ALL of the checks and balances on the executive branch of the government. Frankly, unless many thousands of Americans are dying, violence is erupting everywhere, and this country is teetering on the brink of economic/political oblivion, I see no reason to install an emergency autocratic government. Even if we were at that point, I would still want some above-board cost/benefit arguments explained to me as to how I'm going to be safer in reality (as to just "feeling" safer) by giving up some of my civil liberties and watching the world learn to hate us.Much like the rest of his political strategy (Iraq war, etc), Bush puts forward nothing but a flim-flam job of justifying inflated neo-con theories of the use of discretionary executive force. How nice it would be to make all the trains run exactly on time, if we could just arrest anyone who used to make them run late? Fascism has a certain appeal when you don't realize that it actually is fascism.
We need checks and balances in the country.. anybody who doesn't believe that should closely read the Federalist Papers. Those guys were certified geniuses in the realistic exercise of power. They had the benefit of 1,000 years of European wars and history to examine human nature at its Machiavellian worst. They knew EXACTLY what they were doing when they set up checks on presidential power, they envisioned internal and external threats to the country every bit as clear and present as they are today.
In theory, there is no difference between theory and practice. In practice, however, there is. -Berra
The NSA is part of the NSA. The military does not go to civilian courts for monitoring communication on battlefields. Once the NSA discovered that a known enemy (the wiretap target) has contacted someone within the US, they pass this information to the FBI. The FBI at this point needs to go to the FISA court to make the person within the US a target of a wiretap. Note that it has be reported that FISA judges will not grant a warrant purely on information from the NSA. The FBI must find some other information to support their request for a wiretap.
This is similar to any other wiretap in that the warrant. The warrant does not cover the people that call or receive calls from the target. Police can use information collected from monitoring the target to get wiretaps on others.
How is this illegal? The NSA is doing their job with the primary target. It is completely legal to generate leads off of the primary target. Further investigation on the people that contact the primary will require further warrants. This is the acceptable way of doing things and has been for quite some time.
Really, the Democrats taking the House and Senate will do nothing.
If they investigate, the Republicans will say that they "removed valuable tools for Bush's War of Terror".
The democrats are becoming *exactly* like the republicans.
Think it's time for me to move to North Korea!
PS
The captcha for this post was "watchman"!
Mod parent up!
Computers are useless. They can only give you answers.
-- Pablo Picasso
While I generally agree with you on most points, I'll have to take exception to this one. The fact that people misuse a term to cloak their misdeeds does not mean that the term never had a cogent meaning, or that it is devoid of substance.
Would you say that "the word 'new' doesn't mean anything," for example, just because "New!" has been plastered all over thousands of products that weren't new at all? Or would you just say that the people who misused the word were lying?
I am a conservative. As such I have vocally opposed almost everything that this administration has done, since the spring of 2001 (at the time, it was Cheney's energy task force and their handling of the Florida recount that had me up in arms). If you google for my posts here and elsewere you will find a consistent pattern motivated by a single, clearly conservative theme:
Don't throw out, risk, abandon, or dismantle something of value for vague or incoherent reasons, no matter how swell the flim-flam show.
And on and on. This isn't a recent rejection of Bush on his way down; I have been mad had him and his ilk far longer than 80% of his present critics, and on principled, conservative grounds. Google me if you want proof.
--MarkusQ, conservative curmudgeon and proud of it.
That's the most elegant one-sentence summary of true conservatism that I've heard in a long time. You sure you don't want to run for office?
I think the GP's biggest mistake is in thinking that being a "conservative" means pining for the past; something that happened long ago, or perhaps never at all. That's not, in my opinion, true at all. To be a conservative is to see the good in the situation as it is currently, and to use caution in changing it, lest the situation become worse due to poorly-thought-out meddling. Thus I think it's fundamentally a optimistic philosophy, and not at all the pessimistic 'good old days' point-of-view that liberals and progressives make it out to be.
Although I did find the GP's explanation of the philosophical difference between progressives and liberals interesting (I had always assumed that a "progressive" was just a pretentious college-student word for "liberal").
"Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
Very true though -- it highlights precisely why the power of government is supposed to be limited. Whatever power you give to the leaders you favour, you're also giving to the leaders you oppose.
whhhooo get up on the wrong side of bed today?
Yes, I screwed up a bit and voted for the wrong guy back in 2000. The in 2004 I voted the other side. I'm an independent, Generally I vote opposite of who is in power as a matter of keeping things in the middle. I think if we go right or left too far then we have problems. At the moment this country has gone way way to the right and things are getting bad. Fortunately we just made some changes and the left will be slightly more powerful and will start to swing things back.
So my reason for voting for bush was the party he was part of, what I didn't see coming was the republicans gaining too much power. Had I know that, I would have preferred a democrat in there to keep things reasonable. I like some things about democrats, and I like some things about republicans. They both have their flaws so I'm not going to go quite as far as you seem to have and claim one is perfect and the other shouldn't exist.
BTW, next time you try to make a point don't be so combative. Being rude and mean only makes the other side defensive and more likely to disagree with you simply because they don't like you.
We live in a two-party system because of Duverger's law. Complaining about how Democrats and Republicans are all the same won't do anything; the most you can hope for is two different parties to choose from, and then in a few years, those two will be the same anyway. It's how the system works. The only way to change it is to change the way we run elections: approval voting, ranked voting, or proportional representation.
Visual IRC: Fast. Powerful. Free.
You got issues.. unless this is just a joke and I'm being gullible.. You're certainly giving me that few sandwiches short of a picnic basket feeling...
Fox to guard henhouse.
Sorry, your argument doesn't hold water.
You are conflating at least four different things: the concept of a conservative philosophy, the various consequences of following this philosophy in different contexts, the people who use the term to label themselves, and the question of when (if ever) a given instance of conservative philosophy would "work." In addition you appear to be falling into the labeling trap, which has been laid for you by the mass media to create a sense of conflict and discourage rational discourse.
But even if they did, I wouldn't deduce from that that giraffes didn't exist, merely that he was lying and the press were aiding and abetting him.
I post therefore I am. You may be good, but I seriously doubt you can convince me that I don't actually exist, and since I have my world view you would be hard pressed to convince me that there isn't at least one person out there (or rather, out here, since it would be me) that holds my world view.
You are free to call me a deliberative progressive if you like. There are others that have called me a paleo-conservative, a western conservative, a libertarian democrat, a fool, a progressive fiscal conservative, a tightwad liberal, and more. For my part, I'll continue to call myself what I have always called myself, a conservative, and continue to support, vote for, and advocate candidates and causes that are consistant with my world view, regardless of what they call themselves and regardless of whether you think I exist or not.
--MarkusQ
The CIA admitted years ago that they routinely create and operate "terror cells". Ostensibly it is for the purposes of controlling and tracking "suspect" individuals, and infiltrating other established (ie non-CIA) terror organisations.
The suspects do not know that their leaders are CIA operatives: the "terrorists" and their immediate cell controllers are patsies, with only the people above those two bottommost operational levels being aware of who and what is really in charge.
Dons tinfoil hat: Who were the 9/11 terrorists really working for?
Just a thought...
Yes, everyone SHOULD have known that Bush was a douchebag in 2000. But I don't think anyone could have predicted what a fascist douchebag he would turn out to be.
What the headline calls domestic spying is actually the tapping of phone calls to and from people inside the United States to and from someone outside the United States who is a known terrorist or member of Al Queda.
Existing law allows the government to spy on suspected terrorists to their hearts content. With warrants through the FISA court. So when when Administration officials claim that NSA wiretapping is needed to spy on suspected terrorists, they are lying through their teeth. As warrantless wiretapping isn't need to spy on suspects, it must be for just one thing: spying people who are NOT suspects. And that is straight up fascism my friend.
I'm a big fan of analogies, but you completely lost me there.
Actually, I voted Democrat because:
None of them said anything about fixing a pizza oven, though I wouldn't put it past our ex-rep to babble something like that if he thought it would win him votes.
--MarkusQ
P.S. All joking aside, and giving your argument credit for intent if not clarity, the problem here seems to be that you are assuming that because I label myself in some way I will automatically vote for people who label themselves the same way; you are accusing me of red team/blue team thinking.
What in fact happens is that I evaluate the candidates and ballot issues on the merits, and don't pay much attention to what they call themselves, though the do get points off for lying (e.g. if you run as a Communist but support private property rights, you won't get my vote even if I agree with you because I don't like hypocrisy). My political philosophy guides my choices because I follow it not because other people claim to.
Why not? It may not seem like a good way to vote to you, and your phrasing makes it sound silly, by what exactly is to stop me from looking over the various options and deciding between them solely on the basis of my assumed risk aversion? You flatly state that it isn't possible but I don't see how you plan to support it, let alone prove it to the point that it justifies Spelling. Out. One. Word. At. A. Time. Like. You. Think. I'm. Stupid.
Further, you keep mischaracterizing my position as favoring being slow and cautious, despite the fact that I have several times pointed out that I am not opposed to change, even rapid or risky change, but only to ill thought out change for the sake of change.
But more to the point, you keep doing this conservative=Republican=bad vs. progressive=Democrat=good gymnastics that leads to exactly the sort of mess we find ourselves in. Voting for a party that pays lip service to your beliefs is a sure road to hell. Vote for individuals based on your assessment of their actions, and keep tabs on 'em after they get in office. Otherwise they will play you for a patsy as sure as anything.
--MarkusQ
P.S. If something can't be a philosophy unless some political party runs on it as a platform, where does that leave existentialism? I'm just asking.
Cute.
But the more likely explanation is that they are just a loose coalition of deeply repressed individuals (closet gays, S&M types, and other gender issues, people with cycle of abuse and authority problems, closet xenophobes, kleptomanics, etc.) What holds them together is a shared agreement to never, ever confront their deamons directly but rather to bundle them up and make a patchwork boogie man out of them on which they can play out their internal issues without personal risk. This explains pretty much the entire movement, especially when you consider that it makes them so easy to manipulate that they have no trouble picking up corporate puppet masters willing to foot the bills to get them in office.
Not as exciting as daywalking vampires, perhaps, but plenty scare enough for me.
--MarkusQ
A scatter shot response, because I don't have much time this morning:
Everyone is opposed to anything that they think is 'ill thought out', that's what that means. No one's in favor of doing things in an ill thought out manner, regardless whether it's because someone wants change for the sake of change, or because Congress was just really drunk.
You obviously need to get out more. Specifically, if this were not a public forum, I could give you a few names and numbers and would be willing to bet that by the third date (if you made it that far) the question would have devolved to which ill-thought out thing seemed less objectionable. You are right that reasonable people are never in favor of doing things in an ill-thought-out manner. You are wrong in assuming that all (or even most) people are reasonable.
However, nothing can be philosophy unless it explains why first, with that logically leading to a 'how'.
You left out a step that should (IMHO) come before the others: what should we change. Then comes why, and finally how. You keep misreading my definition of conservative as an answer to "How?" (which it is not) rather than as an answer to the "What?" question (which you aren't even asking). The whole point isn't to do things slowly, or carefully, but rather to refrain from changing things that are working. I am not saying "Fix things slowly" I'm saying "If it ain't broke, don't fix it."
And yes, there are a great many people who set about trying to fix X for ideological reasons that have nothing to do with the "is it working?" question. So this is not a hollow distinction. In fact, my post on the "day walking vampires" thread outlines my main reason for thinking that many of the core Republicans are not conservative: they are deciding what to change based on their internal repressed desires and not on any objective conservative principle. At best, they could claim to be conservative only by saying something like "My personal self esteem is an important national asset, and must be maintained at all costs. Nothing matters more than my sense of self importance, and I am willing to trash everything this nation stands for to protect it" at which point I would say "OK, you're a conservative all right. And I respect your honesty. But your priorities are a tad out of whack."
To reiterate: conservatism is about what problems should be addressed, not about how.
Most of the rest of your points are aimed at this straw man you've constructed and not at my actual position, and my kids are calling, so I'll not respond to them now.
--MarkusQ