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Tuesday, December 20, 2005
FISA
The NYT has a good editorial on why Bush's justifications for spying without warrants are total BS. The truth FISA gives him this power with minimal oversight already, even the ability to get warrants retroactively. So what possible excuse does he have for bypassing existing guidelines which were already incredibly lenient other than a warped belief that he is the ultimate authority who must answer to no one.
The 1978 law that regulates spying on Americans (remember Richard Nixon's enemies lists?) does require a warrant to conduct that sort of surveillance. It also created a special court that is capable of responding within hours to warrant requests. If that is not fast enough, the attorney general may authorize wiretaps and then seek a warrant within 72 hours. Mr. Bush and Attorney General Alberto Gonzales offered a whole bag of logical pretzels yesterday to justify flouting this law. Most bizarre was the assertion that Congress authorized the surveillance of American citizens when it approved the use of "all necessary and appropriate force" by the United States military to punish those responsible for the 9/11 attacks or who aided or harbored the terrorists. This came as a surprise to lawmakers, who thought they were voting for the invasion of Afghanistan and the capture of Osama bin Laden. |
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