Hosnon
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Tue Dec-20-05 03:16 PM
Original message |
Exception for War (Bush Spying) |
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§ 1811. Authorization during time of war
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
Exerpt from the Foreign Intelligence Surveillance Act.
Does the language of this statute mean that the authorization for a particular instance is not valid longer than fifteen days after the authorization during a time which Congress has declared war or that there is an absolute fifteen days after the resolution for war is passed by Congress within which the President can authorize without a court order?
Thoughts?
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newscott
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Tue Dec-20-05 03:19 PM
Response to Original message |
1. I still think it's illegal to spy on Americans. |
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Read that chapter carefully. It says foreign intelligence information. I don't think this gives Bush any wiggle room.
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Hosnon
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Tue Dec-20-05 03:23 PM
Response to Reply #1 |
5. I hope it isn't illegal to spy on Americans...it is necessary many times. |
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But we have to have judicial oversight and a warrant (I'm even OK with retroactive warrants such as those under FISA).
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newscott
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Tue Dec-20-05 03:42 PM
Response to Reply #5 |
11. That was implied by the discussion that's been going on for a couple days. |
Hosnon
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Tue Dec-20-05 03:28 PM
Response to Reply #1 |
9. According to § 1802, "foreign intelligence information" specifically |
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Edited on Tue Dec-20-05 03:29 PM by MJDuncan1982
excludes instances where there is a likelihood the surveillance will acquire any communication to which a United States person is a party.
So yes, you are correct that it explicitly applies only to "foreign"ers.
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PRETZEL
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Tue Dec-20-05 03:19 PM
Response to Original message |
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only Congress can declare war. I don't recall where Congress did that.
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Hosnon
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Tue Dec-20-05 03:22 PM
Response to Reply #2 |
3. Well that's another question I have. I'm not sure whether Congress |
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actually declared war on terror and whether that counts as a valid war under these type of statutes.
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PRETZEL
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Tue Dec-20-05 03:25 PM
Response to Reply #3 |
8. my guess is that the Founding Fathers in their definition |
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of war would be a declaration of war against another country. The concept of whether or not it's a war on terror or war on poverty or war on drugs, etc. doesn't constitute a declaration of war as was meant in the Constitution.
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C_U_L8R
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Tue Dec-20-05 03:23 PM
Response to Reply #2 |
4. i was thinking the same thing... |
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what war ????
can any experts elaborate on this? Is Bush within his rights or has he run amok??
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librechik
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Tue Dec-20-05 03:24 PM
Response to Reply #2 |
6. yeah, let's have a showdown over undeclared war powers |
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and see if the congress stands up this time and defends itself from a presidential power grab. then we'd have a real democracy instead of what we have had for the last 60 years or so.
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Hosnon
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Tue Dec-20-05 03:29 PM
Response to Reply #6 |
10. I agree. Time for Congress to man up...nt |
ddeclue
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Tue Dec-20-05 03:24 PM
Response to Original message |
7. "For a period not to exceed fifteen days" pretty much says it all -it's an |
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"For a period not to exceed fifteen days" pretty much says it all -it's an absolute 15 days.
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Doctor_J
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Tue Dec-20-05 03:53 PM
Response to Original message |
12. Where does it say anti-war protestors are fair targets? |
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did you leave something out?
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Jackpine Radical
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Tue Dec-20-05 04:16 PM
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13. There was no declaration of war. |
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Also it specifies FOREIGN intelligence information.
Not that it matters to this crew. Anyway, we're in the Forever War because there's no end to the waron terror.
(BTW, terror is a tactic. It's kinda interesting to declare war on tactics. Maybe after this we can have a war on ambush, and then a war on defilading fire.)
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DU
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Tue May 07th 2024, 12:23 AM
Response to Original message |