Science > Abortion > FISA Judges: Bush's Illegal Acticity Undermines War on Terror (GOP, The Party of Treason)
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Science > Abortion |
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"Yang, AthD h.c, Kicking AWOLs Cocaine Snorting Ass" |
| Date: |
23 Dec 2005 12:51:25 AM |
| Object: |
FISA Judges: Bush's Illegal Acticity Undermines War on Terror (GOP, The Party of Treason) |
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/21/AR2005122102326.html
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Yang
a.a. #28
AthD (h.c.) conferred by the regents of the LCL
a.a. pastor #-273.15, the most frigid church of Celcius nee Kelvin
EAC Econometric Forecast and Sorcery Division
Proudly plonked by Lani Girl and Crazyalec (aka aka Yang's little poltregeist *****)
The Bush 'balanced' budget: 1.6 trillion and worsening
The Bush 'economic' policy: 12.5 million FEWER jobs than Clinton and counting
The Bush Iraq lie: -2160 GIs, one friend's co-worker's son and mounting
Having Bush ***** up my country: Worthless
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"Now, did I want to go? Hell no."
-duke (duckgumbo32@cox.net), aka PedophilEarl J Weber, 63
year old mateless, heirless biological failure
of Afton Oaks Apartment, Baton Rouge, on why
a Neocon chickenhawk like him pussied out of
the Vietnam War.
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| User: "stoney" |
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| Title: Re: FISA Judges: Bush's Illegal Acticity Undermines War on Terror (GOP, The Party of Treason) |
23 Dec 2005 02:34:20 PM |
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On Thu, 22 Dec 2005 22:51:25 -0800, "Yang, AthD (h.c), Kicking AWOL's
Cocaine Snorting *****" <eacmole@/*AWOLBUSH*/mail.com> wrote:
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/21/AR2005122102326.html
Judges on Surveillance Court To Be Briefed on Spy Program
By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Thursday, December 22, 2005; A01
The presiding judge of a secret court that oversees government
surveillance in espionage and terrorism cases is arranging a
classified briefing for her fellow judges to address their concerns
about the legality of President Bush's domestic spying program,
according to several intelligence and government sources.
Several members of the Foreign Intelligence Surveillance Court said in
interviews that they want to know why the administration believed
secretly listening in on telephone calls and reading e-mails of U.S.
citizens without court authorization was legal. Some of the judges
said they are particularly concerned that information gleaned from the
president's eavesdropping program may have been improperly used to
gain authorized wiretaps from their court.
"The questions are obvious," said U.S. District Judge Dee Benson of
Utah. "What have you been doing, and how might it affect the
reliability and credibility of the information we're getting in our
court?"
Such comments underscored the continuing questions among judges about
the program, which most of them learned about when it was disclosed
last week by the New York Times. On Monday, one of 10 FISA judges,
federal Judge James Robertson, submitted his resignation -- in protest
of the president's action, according to two sources familiar with his
decision. He will maintain his position on the U.S. District Court
here.
Other judges contacted yesterday said they do not plan to resign but
are seeking more information about the president's initiative.
Presiding Judge Colleen Kollar-Kotelly, who also sits on the U.S.
District Court for the District of Columbia, told fellow FISA court
members by e-mail Monday that she is arranging for them to convene in
Washington, preferably early next month, for a secret briefing on the
program, several judges confirmed yesterday.
Two intelligence sources familiar with the plan said Kollar-Kotelly
expects top-ranking officials from the National Security Agency and
the Justice Department to outline the classified program to the
members.
The judges could, depending on their level of satisfaction with the
answers, demand that the Justice Department produce proof that
previous wiretaps were not tainted, according to government officials
knowledgeable about the FISA court. Warrants obtained through secret
surveillance could be thrown into question. One judge, speaking on the
condition of anonymity, also said members could suggest disbanding the
court in light of the president's suggestion that he has the power to
bypass the court.
The highly classified FISA court was set up in the 1970s to authorize
secret surveillance of espionage and terrorism suspects within the
United States. Under the law setting up the court, the Justice
Department must show probable cause that its targets are foreign
governments or their agents. The FISA law does include emergency
provisions that allow warrantless eavesdropping for up to 72 hours if
the attorney general certifies there is no other way to get the
information.
Still, Bush and his advisers have said they need to operate outside
the FISA system in order to move quickly against suspected terrorists.
In explaining the program, Bush has made the distinction between
detecting threats and plots and monitoring likely, known targets, as
FISA would allow.
Bush administration officials believe it is not possible, in a
large-scale eavesdropping effort, to provide the kind of evidence the
court requires to approve a warrant. Sources knowledgeable about the
program said there is no way to secure a FISA warrant when the goal is
to listen in on a vast array of communications in the hopes of finding
something that sounds suspicious. Attorney General Alberto R. Gonzales
said the White House had tried but failed to find a way.
One government official, who spoke on the condition of anonymity, said
the administration complained bitterly that the FISA process demanded
too much: to name a target and give a reason to spy on it.
"For FISA, they had to put down a written justification for the
wiretap," said the official. "They couldn't dream one up."
The NSA program, and the technology on which it is based, makes it
impossible to meet that criterion because the program is designed to
intercept selected conversations in real time from among an enormous
number relayed at any moment through satellites.
"There is a difference between detecting, so we can prevent, and
monitoring. And it's important to note the distinction between the
two," Bush said Monday. But he added: "If there is a need based upon
evidence, we will take that evidence to a court in order to be able to
monitor calls within the United States."
The American Civil Liberties Union formally requested yesterday that
Gonzales appoint an outside special counsel to investigate and
prosecute any criminal acts and violations of laws as a result of the
spying effort.
Also yesterday, John D. Negroponte, Bush's director of national
intelligence, sent an e-mail to the entire intelligence community
defending the program. The politically tinged memo referred to the
disclosure as "egregious" and called the program a vital,
constitutionally valid tool in the war against al Qaeda.
Benson said it is too soon for him to judge whether the surveillance
program was legal until he hears directly from the government.
"I need to know more about it to decide whether it was so
distasteful," Benson said. "But I wonder: If you've got us here, why
didn't you go through us? They've said it's faster [to bypass FISA],
but they have emergency authority under FISA, so I don't know."
As it launched the dramatic change in domestic surveillance policy,
the administration chose to secretly brief only the presiding FISA
court judges about it. Officials first advised U.S. District Judge
Royce C. Lamberth, the head of FISA in the fall of 2001, and then
Kollar-Kotelly, who replaced him in that position in May 2002. U.S.
District Judge George Kazen of the Southern District of Texas said in
an interview yesterday that his information about the program has been
largely limited to press accounts over the past several days.
"Why didn't it go through FISA," Kazen asked. "I think those are valid
questions. The president at first said he didn't want to talk about
it. Now he says, 'You're darn right I did it, and it's completely
legal.' I gather he's got lawyers telling him this is legal. I want to
hear those arguments." Judge Michael J. Davis of Minnesota said he,
too, wants to be sure the secret program did not produce unreliable or
legally suspect information that was then used to obtain FISA
warrants.
"I share the other judges' concerns," he said.
But Judge Malcolm Howard of eastern North Carolina said he tends to
think the terrorist threat to the United States is so grave that the
president should use every tool available and every ounce of executive
power to combat it.
"I am not overly concerned" about the surveillance program, he said,
but "I would welcome hearing more specifics."
Researcher Julie Tate contributed to this report.
© 2005 The Washington Post Company
--
Contempt of Congress meter reading-offscale.
Hello, theocracy with a fundamentalist US Supreme
Court who will ensure church and state are joined
at the hip like clergy and altar boys.
America 1776-Jan 2001 RIP
"As democracy is perfected, the office of president
represents, more and more closely, the inner soul
of the people. On some great and glorious day the
plain folks of the land will reach their heart's
desire at last and the White House will be adorned
by a downright moron." --- H.L. Mencken (1880 - 1956)
Religion is the original war crime.
-Michelle Malkin (Feb 26, 2005)
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