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View Diary: The Administration's Defense for Illegal Wiretapping is Just Plain Gone (275 comments)

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  •  Quoi? (5+ / 0-)

    None of this applies to the wire-tapping which isn't targeted at individuals anyway.  The only enforcement mechanism in the current law is that information gathered illegally (without a warrant) can't be used to convict an individual in a court of law.  This is of no concern to the NSA since they're not looking to prosecute any individual or group.  What they're doing is collecting data in order to develop programs that will enable them to intercept and take down international communications networks during future conflicts, without disrupting our own systems. (emphasis added)

    And you know this, how exactly?

    Even if that's true, it's tremendously stupid, as in, how are the authorities supposed to do something about a domestic terrorist they catch with their warrantless wiretaps?  Since the evidence won't hold up in court, they're stuck with their illegal denial of habeus corpus arrests, or just killing the sucker.

    Besides:  It violates FISA, which explicitly says it is the only legal mechanism for government eavesdropping on citizens.  There is no Article II and no AUMF justification for ignoring FISA.

    The only (remote) possibility is that FISA itself is unconstitutional but with a volume of precedent allowing Congress to limit the executive's war-fighting powers, I really doubt FISA would be found unconstitutional unless the SC gets another Alito.

    This comment was screened and authorized by Kos. All hail the King of the Blogosphere.

    by Scientician on Tue Jul 18, 2006 at 07:21:01 AM PDT

    [ Parent ]

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