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View Diary: Fooling Americans Abuout FISA (232 comments)

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  •  Wheeler: (38+ / 0-)

    Nothing can replicate Marcy Wheeler's detailed analysis, so I won't try.  But here's the takeaway from 'FISC Opinions As Legal Cover'  (the first link in my comment above).

    http://www.emptywheel.net/

    WSJ has a story on how the FISA Court came to render the phrase “related to” — which has been used for 7 years to collect the phone records of almost all Americans — entirely meaningless.

    [...]

     this increasingly appears to be the end result of an effort on the part of FISC to remain relevant by distorting law in secret, in the hopes that an unconstitutional expansion of the law in secret was better than actually stopping an illegal program conducted by bypassing the court altogether.

    The reason the law is so twisted is because no one wanted to — or believed they had the ability to –rein in gross violations of law conducted by Dick Cheney.

    •  Similar to the passage of FISA itself (17+ / 0-)

      Church, Pike, et al. couldn't manage to end abusive spying outright, which is what should've happened. Ending it meant enforcing the laws on the books—charging officials who went beyond their authority with any applicable crimes, and at least firing them (accountability, what's that?)—but instead Congress "legalized" a still-unconstitutional spying framework.

      A secret court isn't a court. Its orders aren't warrants. It's a bunch of smoke and mirrors to launder dirty government acts.

      Government and laws are the agreement we all make to secure everyone's freedom.

      by Simplify on Mon Jul 08, 2013 at 10:12:39 AM PDT

      [ Parent ]

      •  Which is exactly why Obama completely (13+ / 0-)

        lost me when he said, "It is transparent, that's why we have the FISA court."

        It is an utterly obtuse statement from beginning to end.

        Perhaps to him, "transparency" means "secret everything."  It doesn't to most people.

        "The law is meant to be my servant and not my master, still less my torturer and my murderer." -- James Baldwin. July 11, 1966.

        by YucatanMan on Mon Jul 08, 2013 at 10:41:52 AM PDT

        [ Parent ]

        •  Related to this topic... (7+ / 0-)

          [I urge reading the entire article, but for copyright purposes I am limited on what I can quote.]

          FOIA requests for info have gone unanswered in the game of musical documents switching jurisdictions without legal authority to do so....  At least one AP reporter seems upset about the mess.  Okay, I'm surprised anyone in the steno pool that is Moronic Media would come up with this rather than only quoting the official lines from the various departments and people involved.  It is a refreshing change that I hope starts a trend that will continue if/when Repukes are in power.

          Secret move keeps bin Laden records in the shadows
          Richard Lardner, 8 July 2013

          WASHINGTON (AP) — The nation's top special operations commander ordered military files about the Navy SEAL raid on Osama bin Laden's hideout to be purged from Defense Department computers and sent to the CIA, where they could be more easily shielded from ever being made public.

          The secret move, described briefly in a draft report by the Pentagon's inspector general, set off no alarms within the Obama administration even though it appears to have sidestepped federal rules and perhaps also the Freedom of Information Act.

          An acknowledgement by Adm. William McRaven of his actions was quietly removed from the final version of an inspector general's report published weeks ago. A spokesman for the admiral declined to comment. The CIA, noting that the bin Laden mission was overseen by then-CIA Director Leon Panetta before he became defense secretary, said that the SEALs were effectively assigned to work temporarily for the CIA, which has presidential authority to conduct covert operations.

          I'm sick of attempts to steer this nation from principles evolved in The Age of Reason to hallucinations derived from illiterate herdsmen. ~ Crashing Vor

          by NonnyO on Mon Jul 08, 2013 at 01:03:13 PM PDT

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          •  "Temporarily assigned"—what a joke (5+ / 0-)

            Sounds like using the FBI as a cut-out for the NSA to spy on us.

            Government and laws are the agreement we all make to secure everyone's freedom.

            by Simplify on Mon Jul 08, 2013 at 01:38:54 PM PDT

            [ Parent ]

            •  Looks like it... (3+ / 0-)
              Recommended by:
              CroneWit, YucatanMan, congenitalefty

              So..., how many agencies are spying on us..., and are they all employing corporate hackers to accomplish all this spying?

              Who's spying on the spies, and how many corporations are involved?

              I want the spies spied on and I want what they are doing made public.

              Blow the lid off this snarly mess once and for all.  We The People deserve to have the full information about what these cretins are doing to us and why and who's doing it all?

              [I owe it to my Revolutionary War ancestors to make sure my Congress Critters know that secrets of any kind in government is NOT what they were fighting for, dammit!!!]

              I'm sick of attempts to steer this nation from principles evolved in The Age of Reason to hallucinations derived from illiterate herdsmen. ~ Crashing Vor

              by NonnyO on Mon Jul 08, 2013 at 01:45:56 PM PDT

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          •  I don't think we can believe the bin Laden raid. (0+ / 0-)

            It's a nice story.  But (1) they quickly disposed of the body before anyone could verify it, and (2) they are concealing the records.

            These are both signs that the supposed raid to kill bin Laden was, in some sense (and I'm not sure what sense), a fake, a phony.  If it had been for real, they wouldn't have gone to such efforts to destroy the evidence.

        •  Obama and FISA are not alone in a curved spacetime (0+ / 0-)

          with eleven dimensions. That spacetime is both curved and expanded and its apparent transparency doesn't allow us to see the dark energy and the dark matter which is 95% of that continuum.

          The five% which remains is full of holes, supermassive black holes and an uncertainty principle which comes down to protecting deniability and ill gotten gains especially as regards climate change.

          Inside the event horizon of the Black Hole of the Patriot Act, the AUMF, the Detainee Treatment Act the Military Commissions Act, the Indefinite Detention and Assassination of American citizens on accusation without trial, all of the kidnapping, torture and murder continues in the hands of force extenders, and mercenaries.

          We need standards to measure, weigh, and judge, to gauge and analyze in the field an invariant geometry under a continuous group of local transformations that seem to be written into our law as singularities that don't obey any rules or laws and can be subject to change.

          The people who don't like our government because they consider it unnecessarily restrictive of their expected profits which they feel they are entitled to enjoy as a part of their rape and plunder of the environment inside and outside the US have attempted to enlist us as allies in the pursuit of more rights and liberties by taking away all of those which protect human beings.

          The only way we get back to the normal relativistic spacetime we grew up with in which we have freedom of movement in at least  four dimensions is to get rid of the idea that there are strings attached to everything else. String theory needs more gravity so that we don't have to explain things that are unknown as secret.

          Live Free or Die --- Investigate, Incarcerate

          by rktect on Tue Jul 09, 2013 at 04:57:17 AM PDT

          [ Parent ]

    •  4th Amendment written to prevent (4+ / 0-)
      Recommended by:
      CroneWit, Deep Harm, Klusterpuck, catfood

      'general warrants'.  
      Now the FISA court may say:
      1. program A doesn't rise to the level of general warrant
      2. program B doesn't rise to the level of general warrant
      3. program C doesn't rise to the level of general warrant

      But programs A, B, and C combined may very well result in a general warrant.  That has never been decided so far as I know.  Saying "A is OK in isolation" isn't the same as saying "A is OK as part of a combined programmatic general warrant".

    •  No one thought... (3+ / 0-)
      Recommended by:
      CroneWit, congenitalefty, deep info

      ... they could use the US Constitution and Bill of Rights to thwack Dickie over the head...?

      Wow.  I am SO underwhelmed with the courage shown by our Cretinous Congress Critters....

      What?  They couldn't paint the words on a 2X4 and not only thwack some sense into his head, but spank his fat ass with it, too, to learn that boy a lesson in how to respect the laws our Founding Fathers gave us...?

      The combination of all of them are about as useful as hip pockets on a hog.

      I noticed a few times when Obama did something and Cheney "disapproved" and said what he'd do instead... within a week Obama was doing what Cheney said he'd do instead....  Obama doesn't seem to realize Cheney is OUT of office and has no more say-so as to what may or may not be done by the administration that follows the fuck-up mess they left us.

      I'm sick of attempts to steer this nation from principles evolved in The Age of Reason to hallucinations derived from illiterate herdsmen. ~ Crashing Vor

      by NonnyO on Mon Jul 08, 2013 at 12:54:52 PM PDT

      [ Parent ]

      •  *tinfoil hat* Cheney NEVER left power (2+ / 0-)
        Recommended by:
        NonnyO, CroneWit

        He's running the REAL government - the "shadow government" - while the one that's out in the public eye is just an illusion and a distraction to keep the rubes pacified.

        /tinfoil hat

        If it's
        Not your body,
        Then it's
        Not your choice
        And it's
        None of your damn business!

        by TheOtherMaven on Mon Jul 08, 2013 at 02:16:51 PM PDT

        [ Parent ]

        •  *tinfoil hat* Seems that way... (1+ / 0-)
          Recommended by:
          CroneWit

          ... doesn't it?

          Else why would Obama do things Dickie's way AFTER Dickie's allegedly long gone?

          Too bad Dickie didn't get a conscience implant with that heart transplant.

          [/tinfoil hat]

          Bastages....

          I'm sick of attempts to steer this nation from principles evolved in The Age of Reason to hallucinations derived from illiterate herdsmen. ~ Crashing Vor

          by NonnyO on Mon Jul 08, 2013 at 04:06:59 PM PDT

          [ Parent ]

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