Question for a lawyer: How does it happen that the Justice Department can subpoena web search records from Google, Yahoo, AOL, and MSN, when the request is not pursuant to a criminal investigation, and the companies are not themselves a party to the suit?
Note that the legal case in question is an ACLU challenge to the constitutionality of a federal law (the "Child Online Protection Act", a law to regulate pornography on the Internet). Could Attorney General Gonzalez subpoena my own personal web cache in order to defend his favorite anti-pornography legislation, too? (Just asking.)
Sunday, January 22, 2006
Thursday, January 19, 2006
Bush a two-time lawbreaker
According to the nonpartisan Congressional Research Service (NYT story).
We all know that Bush has been in flagrant violation of FISA - which requires a warrant from the FISA court for every domestic wiretap by the NSA. The President has cheerfully admitted that he has been existing in a world of his own, a world where that restriction has magically evaporated, for three years now. No one believes the excuses he, the Veep, Condi, and Alberto Gonzalez have since put forward to "legalize" this behavior. Moreover, the fact that the President & Co. kept even their own Justice Department in the dark about what they were up to makes it pretty clear they knew it was illegal, themselves.
However, as Bob pointed out in this post below, the President has also been in violation of the NSA Act, which established the NSA and tasked the Congress with oversight of its operations. Telling the party-hack committee chair that you have kept the NSA busy violating the rights of thousands of citizens, on a daily basis, for the last 3 years - without informing anyone else of this activity - is apparently not really consistent with that oversight function. Or so the CRS has ruled.
Two more reasons to impeach the President.
We all know that Bush has been in flagrant violation of FISA - which requires a warrant from the FISA court for every domestic wiretap by the NSA. The President has cheerfully admitted that he has been existing in a world of his own, a world where that restriction has magically evaporated, for three years now. No one believes the excuses he, the Veep, Condi, and Alberto Gonzalez have since put forward to "legalize" this behavior. Moreover, the fact that the President & Co. kept even their own Justice Department in the dark about what they were up to makes it pretty clear they knew it was illegal, themselves.
However, as Bob pointed out in this post below, the President has also been in violation of the NSA Act, which established the NSA and tasked the Congress with oversight of its operations. Telling the party-hack committee chair that you have kept the NSA busy violating the rights of thousands of citizens, on a daily basis, for the last 3 years - without informing anyone else of this activity - is apparently not really consistent with that oversight function. Or so the CRS has ruled.
Two more reasons to impeach the President.
Tuesday, January 17, 2006
Gore Calls for Government of Laws
Washington Post has the transcript (thanks to Josh Marshall for pointing this out).
In the meantime, Bush has responded, stating that he, for one, is just fine with a government of men. (Joke! You tell me whether you laughed or cried.)
Actually, Erica watched "All the President's Men" last night... her take-away? "Oh my gosh, all of that fuss over a few dirty tricks. What we have going on right now is much worse."
In the meantime, Bush has responded, stating that he, for one, is just fine with a government of men. (Joke! You tell me whether you laughed or cried.)
Actually, Erica watched "All the President's Men" last night... her take-away? "Oh my gosh, all of that fuss over a few dirty tricks. What we have going on right now is much worse."
Monday, January 09, 2006
Did You Hear Cheney Went To The Hospital with Shortness of Breath?
Apparently, somebody told him his daughter was a lesbian.
Friday, January 06, 2006
Republican House Intelligence Committee Chair Pushes Back
Republican NYTimes. Yesterday, Jane Harmon, in a letter to Bush, accused him of a second major legal violation: The National Security Act of 1947, which says that the administration must completely and currently brief the House and Senate committees on Intelligence.
The importance of Harmon's statement is that it is: (1) it is far easier to prove violation than that of FISA.
The Chair of the Senate committee on intelligence has been totally silent on this issue, not saying a single word on what was or was not told to him or members of his committee.
However, today the Chair of the House Intelligence Committee implies that Bush was in compliance. Actually, that's not what he says, he says that the Briefings that Bush did provide to the Committee leadership were in compliance. Well, sure, but my walking down the street is in compliance with the National Security Act, too. The question is whether Bush's briefings were sufficient to satisfy the National Security act. Based on Democrats' public statments, the answer would seem to be no.
The importance of Harmon's statement is that it is: (1) it is far easier to prove violation than that of FISA.
The Chair of the Senate committee on intelligence has been totally silent on this issue, not saying a single word on what was or was not told to him or members of his committee.
However, today the Chair of the House Intelligence Committee implies that Bush was in compliance. Actually, that's not what he says, he says that the Briefings that Bush did provide to the Committee leadership were in compliance. Well, sure, but my walking down the street is in compliance with the National Security Act, too. The question is whether Bush's briefings were sufficient to satisfy the National Security act. Based on Democrats' public statments, the answer would seem to be no.
Thursday, January 05, 2006
The Scandal Has a Name!
WaTimes: Russ Tice, an NSA employee, wants to testify to the Congress about Bush's illegal wiretapping. No doubt, this is an extremely brave choice.
As importantly, Mr. Tice's letters to the Intelligence Committee reveal what the Bush administration called these illegal wiretappings: The Special Access Program.
So, the scandal now has a name: it is the SAP-Scandal.
As importantly, Mr. Tice's letters to the Intelligence Committee reveal what the Bush administration called these illegal wiretappings: The Special Access Program.
So, the scandal now has a name: it is the SAP-Scandal.
Tuesday, January 03, 2006
Keeping Score
From my wish-list, number 1 of 7 has just happened: Abramoff has turned states evidence (Jan 3, goal was Jan 15).
So, that's 1 of 7.
Number 2: "DeLay convicted by Feb 1" doesn't look like it's going to happen; it appears he won't get a trial date in January.
So, that's 1 of 7.
Number 2: "DeLay convicted by Feb 1" doesn't look like it's going to happen; it appears he won't get a trial date in January.
Monday, January 02, 2006
Pearls before Swine people!
I'm just pointing out to y'all that today, I did a diary post over at DKos. Right now it's the most commented article all day, with 142 comments (after 5 hrs); and for most of the afternoon, it was the second most highly recommended article, behind one by Cindy Sheehan.
Impeachment Watch: Day 17
NYTimes
quotes Sen. Mitch McConnell (R-KY) saying Bush acted within the constitution, and that the focus now should be on hunting down the whistleblower.
Of interest: McConnell thinks hearings should be in the Intelligence committee (it's Chair, Sen. Roberts, has been defensive about how his committee has given "oversight" to the program) wherey can be secret, rather than on Spector's Judiciary committee, where they would not. Judiciary is the proper venue, because at issue is the Executive's compliance with FISA, requiring its reporting to the Judicial branch.
For: 3 (Feingold, Feinstein, Spector)
Against: 2 (McCain, McConnell)
Uncertain: 95
quotes Sen. Mitch McConnell (R-KY) saying Bush acted within the constitution, and that the focus now should be on hunting down the whistleblower.
Of interest: McConnell thinks hearings should be in the Intelligence committee (it's Chair, Sen. Roberts, has been defensive about how his committee has given "oversight" to the program) wherey can be secret, rather than on Spector's Judiciary committee, where they would not. Judiciary is the proper venue, because at issue is the Executive's compliance with FISA, requiring its reporting to the Judicial branch.
For: 3 (Feingold, Feinstein, Spector)
Against: 2 (McCain, McConnell)
Uncertain: 95
Bush to Assert the Ice-9 of Presidential Powers
George Bush is preparing a broad public push to assert that his illegal wiretapping -- in violation of the FISA act -- is permitted due to his war-powers. Specifically, in a time of war, a President can do what he needs to defend the country.
This claimed power is the Ice-9 of all claimed powers. With it, he can violate any of the Bill of rights, any Congressional law -- there is no limitation to what he could do.
The Senate, in its oversight obligation, has a job to do: (1) continue to point out that the wiretapping continues to be illegal under the FISA act; (2) require that the President immediately end to all activities which violate the FISA act; (3) pass legislation which requires that all previous domestic wiretaps which have not been approved by the FISA court be presented to the FISA court for approval; and (4) because innocent Americans should not be victimized by the US Government, all wiretaps not approved by the FISA court be provided in transcript to the American citizens affected.
Otherwise, if Congress does not check Bush's power, he and members of his administration will abuse it.
De
This claimed power is the Ice-9 of all claimed powers. With it, he can violate any of the Bill of rights, any Congressional law -- there is no limitation to what he could do.
The Senate, in its oversight obligation, has a job to do: (1) continue to point out that the wiretapping continues to be illegal under the FISA act; (2) require that the President immediately end to all activities which violate the FISA act; (3) pass legislation which requires that all previous domestic wiretaps which have not been approved by the FISA court be presented to the FISA court for approval; and (4) because innocent Americans should not be victimized by the US Government, all wiretaps not approved by the FISA court be provided in transcript to the American citizens affected.
Otherwise, if Congress does not check Bush's power, he and members of his administration will abuse it.
De
Sunday, January 01, 2006
The End of the Wiretapping Scandal
Just where is this all leading? one might ask. Prima facie, the President violated an important law, the 1978 FISA act, which says he can't spy on Americans on American soil. The act was passed to counter Nixon's abuses, to keep the President from using easily assumed powers as a tool of political oppression.
Bush has indeed re-assumed the "spying on Americans" power. But that power itself is not an evil, though it is onerous. The evil of it comes when that power is abused to be a tool for political oppression -- such as sending off-bankroll folks to break into the psychiatrist's office of one of your chief critics, in an attempt to get some career-ending dirt on them.
So did Bush use his capriciously assumed wiretapping power as a tool for political oppression -- for example, spying on journalists, politicians, innocent Americans in an attempt to collect information which is irrelevant to Bush's War on Terror, but might prove useful in other contexts?
Nobody knows. He certainly had the capability to do this, which, actually, he's not supposed to; it's the role of the FISA court, had he bothered to make his requests properly, to ensure that Bush's spying ability is not used as a tool of oppression, but Bush did not keep them informed of when and how he was using this power.
Neither did Bush inform congress -- unless they're not telling us something -- of the specific instances (we're told, over 500 such wiretaps, ordered by NSA shift supervisors and unreviewed by their superiors, running at any given time for the past 3 years).
To bring Bush back in compliance, Congress should pass a law requiring that each and every single FISA violation now be brought for the court's review; and every instance which is not approved retroactively, the corresponding transcripts should be given to the affected party.
The most important part of this process is to make the other two branches of government fully aware of Bush's spying activities, so that it can be determined if he did abuse his power. And he might have abused it. This is the administration that the Vice President's office used secret information leaked to the press to silence a critic, taking that information from CIA insiders, to the Vice President's office, and then to their political arm in the person of Karl Rove, who then coordinated that leaking with the Vice President's office (Scooter Libby) and the NSA (Stephen Hadley). So, it's kind of far from given that abuses have not taken place.
If abuses did take place, we then have an oppressive KGB-insider for a President. I should think that would be sufficient to bother Republican lawmakers to remove him from office.
But, on the other hand, if all Bush did with this power is listen to direct phone calls between Osama Bin Laden and his his totally hot niece who was born in California , then it is our unfortunate situation that Democrats are intellectually consistent enough and Republicans self-interested enough to not see this as a threat to the Republic, and to simply to let the matter drop. Sure, it would be nice that law and order rule the day.
Bush has indeed re-assumed the "spying on Americans" power. But that power itself is not an evil, though it is onerous. The evil of it comes when that power is abused to be a tool for political oppression -- such as sending off-bankroll folks to break into the psychiatrist's office of one of your chief critics, in an attempt to get some career-ending dirt on them.
So did Bush use his capriciously assumed wiretapping power as a tool for political oppression -- for example, spying on journalists, politicians, innocent Americans in an attempt to collect information which is irrelevant to Bush's War on Terror, but might prove useful in other contexts?
Nobody knows. He certainly had the capability to do this, which, actually, he's not supposed to; it's the role of the FISA court, had he bothered to make his requests properly, to ensure that Bush's spying ability is not used as a tool of oppression, but Bush did not keep them informed of when and how he was using this power.
Neither did Bush inform congress -- unless they're not telling us something -- of the specific instances (we're told, over 500 such wiretaps, ordered by NSA shift supervisors and unreviewed by their superiors, running at any given time for the past 3 years).
To bring Bush back in compliance, Congress should pass a law requiring that each and every single FISA violation now be brought for the court's review; and every instance which is not approved retroactively, the corresponding transcripts should be given to the affected party.
The most important part of this process is to make the other two branches of government fully aware of Bush's spying activities, so that it can be determined if he did abuse his power. And he might have abused it. This is the administration that the Vice President's office used secret information leaked to the press to silence a critic, taking that information from CIA insiders, to the Vice President's office, and then to their political arm in the person of Karl Rove, who then coordinated that leaking with the Vice President's office (Scooter Libby) and the NSA (Stephen Hadley). So, it's kind of far from given that abuses have not taken place.
If abuses did take place, we then have an oppressive KGB-insider for a President. I should think that would be sufficient to bother Republican lawmakers to remove him from office.
But, on the other hand, if all Bush did with this power is listen to direct phone calls between Osama Bin Laden and his his totally hot niece who was born in California , then it is our unfortunate situation that Democrats are intellectually consistent enough and Republicans self-interested enough to not see this as a threat to the Republic, and to simply to let the matter drop. Sure, it would be nice that law and order rule the day.
Stop the Yammering!
Seriously people, could the left please stop engaging in the argument "Is Bush's warrantless wiretapping illegal?" Of course it is illegal.
The questions now are:
Also, Democratic Senators should immediately introduce a bill to stop these violations of FISA, and to correct the violations that have occurred. Specifically, the Congress should direct the President that he does not have the power to violate FISA under the statute he claims; that all previous wiretaps must now be presented to the FISA court for approval, and that the subjects of wiretaps that the FISA court declines to be approved be alerted to the existence of the wiretaps and given full transcripts of what was taken down.
The questions now are:
- Is Bush abusing this power to substantially violate the rights that FISA is meant to protect? Such as freedom of the press, and freedom of political activity? So, who did Bush spy on? Journalists? Members of Congress? Senators? any Judges? Prominent members or donors to the Democratic part?
- Was any of this information used to violate the rights meant to be protected by FISA? Did they politically go after journalists they got information on? Did they go after Members of congress they got information on? Was any information passed around to anyone outside the NSA, like to the FBI? Or to the political folks, like Karl Rove?
Also, Democratic Senators should immediately introduce a bill to stop these violations of FISA, and to correct the violations that have occurred. Specifically, the Congress should direct the President that he does not have the power to violate FISA under the statute he claims; that all previous wiretaps must now be presented to the FISA court for approval, and that the subjects of wiretaps that the FISA court declines to be approved be alerted to the existence of the wiretaps and given full transcripts of what was taken down.
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