Sunday, December 18, 2005

Anthony say it ain't So! Its So.

It seems that people do not realize the severity of this latest Bush fiasco.
There is a protocol stated forth in the law that the President has to follow involving warrants from the courts secret or otherwise. This man blatantly did not follow any rules. He bypassed the courts why? What constitutional law allows this? There were even operatives from the NSA (whose job it is to spy)who felt uneasy and wondered about the legality of this operation and did not help the administration out and I know this because it was implied in the article of the Times when it read that "Some NSA officials were so concerned about the legality of the program that they refused to participate" Also the Times said. "Questions about the legality of the program led the administration to temporarily suspend it last year and impose new restrictions." Now all of you individuals who love to quote FISA please do not forget this part....
The law governing clandestine surveillance in the United States, the Foreign Intelligence Surveillance Act, prohibits conducting electronic surveillance not authorized by statute. A government agent can try to avoid prosecution if he can show he was "engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction," according to the law. Now this part is important

"Engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction," Does anyone out there knows what pursuant means? Big Dog?

That is the part Bush missed because there were no warrants or court orders issued.
The only thing he did that neo-cons will try to say was court related was that he notified the judge and talked to some congressional members thats it! Notifying the court is not a warrant or a court order, neither is talking to Congressional members. Get it! And remember that the activities of the NSA fall out of the jurisdiction of the Patriot Act.(read it if you do not believe me). As a former board member of the ACLU (The American Civil Liberties Union)eavesdropping in the US without a court order and without complying with the procedures of the Foreign Intelligence Surveillance Act is "both illegal and unconstitutional". Hey do not take my word for it. Listen to what Elizabeth Rindskopf Parker,former NSA general counsel said, "it was troubling that such a change would have been made by executive order, even if it turns out to be within the law".

Hey I just found this out the NSA activities were justified by a classified Justice Department legal opinion authored by John C. Yoo, a former deputy in the Office of Legal Counsel who argued that congressional approval of the war on al Qaeda gave broad authority to the president,this was according to the Times. Now remember Yoo was the one that made a very similar legal argument in another 2002 memo which outlined an extremely narrow definition of torture. That opinion, which was signed by another Justice official, was formally disavowed after it was disclosed by the Washington Post. Hey Neo-Con's please do not let these facts get in the way of your opinions.

1 comment:

Anthony said...

READ THIS BIG DOG. I swear you still missed the point. In all your info it says Foreign Intelligence. I am talking about domestic.
Bush used the NSA for domestic spying.
This country has always spied abroad but when doing it in the US it requires a certain proctocol. Which the president did not follow.