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Intelligence Abuses and the FISA Amendments Act
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Secrecy News
July 9, 2009
“The history of the Intelligence Community is replete with instances of abuse of civil liberties,” observed Lt. Gen. James R. Clapper last year in the course of his confirmation as Under Secretary of Defense for Intelligence.
That is not news, of course, though it is useful to have it acknowledged by the Pentagon’s senior intelligence policy official. Also useful is Gen. Clapper’s proposed remedy:
“The requisite elements of a program to prevent such abuse are: (1) clearly articulated and widely publicized policies; (2) training, both basic and refresher; and (3) a mechanism to verify compliance independently,” he wrote (pdf) in reply to a question from Sen. Carl Levin.
By these standards, the pending amendment to the Foreign Intelligence Surveillance Act that is being considered by the Senate today leaves much to be desired.
Far from being “clearly articulated,” the legislation leaves even experts uncertain as to what its provisions mean. And by granting retroactive immunity to telephone companies for unspecified illegal acts that they may have committed, the legislation compromises the most important mechanism for independent verification of legal compliance, namely the judicial process.
“Does the new FISA bill authorize wholesale interception of all communications to and from the US,” asked James X. Dempsey of the Center for Democracy and Technology, “or does it only authorize the interception of the communications of particular individuals?”
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Incredibly, the answer is not reliably known. “Both national security and civil liberties interests weigh in favor of clarity on this question,” Mr. Dempsey wrote last month.
Meanwhile, the congressional grant of immunity to telephone companies that are being sued for suspected acts of illegal surveillance under the President’s warrantless surveillance program “is a naked intrusion into ongoing litigation,” said Sen. Sheldon Whitehouse (D-RI) on the Senate floor yesterday.
“I am aware of no precedent for the Congress of the United States stepping into ongoing litigation, choosing a winner and a loser, allowing no alternative remedy,” he said.
“I believe it will be determined by a court that ultimately this section of the legislation is unconstitutional, in violation of the separation of powers, because we may not, as a Congress, take away the access of the people of this country to constitutional determinations heard by the courts of this country.”
“If I were a litigant, I would challenge the constitutionality of the immunity provisions of this statute, and I would expect a good chance of winning,” Sen. Whitehouse said.
| Alex Jones’ new documentary TRUTH RISING is now available on DVD at the Infowars store. |
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July 9th, 2008 at 3:02 pm
HR 6304 passed the Senate today, 69-28, bye bye 4th Amendment =(
July 9th, 2008 at 3:39 pm
1984 eat my heart out!
July 9th, 2008 at 4:27 pm
@Michael Costantini
your courts have been clear since the beginning… if a law thats passed is unconstitutional… the unconstitutionality starts the moment the law is passed…
meaning… laws that go against your constitution arnt law… they can pass any law they want… doesnt mean anybody has to follow it…
goes hand in hand with jury nullification powers…
July 9th, 2008 at 4:32 pm
HA! I TOLD YOU GUYS THAT YOU WERE GONNA DO NOTHING. DO NOTHINGERS INFOWARRIORS. AND YOU’RE STILL GONNA DO NOTHING. BECAUSE YOU INFOIDIOTS ARE YELLOW, DO NOTHINGERS, THAT WILL ARE SATISFIED WITH AN EMAIL COMPLAINT RATHER THAN DEFENDING LIBERTY. GOOD….I AM GLAD YOU’RE LOSING THAT FREEDOM OF YOURS. YOU DON’T DESERVE IT. YOU DONT NEED IT, AND YOU DON’T KNOW WHAT TO DO WITH IT ANYWAY. I WAS RIGHT ALL ALONG, YOU SEE?
July 9th, 2008 at 5:40 pm
Jasmine can suck my WARTY COCK.
July 9th, 2008 at 5:58 pm
What do you expect from a monster like oBAMA!! YOU KNOW THAT McCain is a devil but the little devil obama will do us in also!!
July 9th, 2008 at 6:18 pm
We are finally waking people up to the facts. The government is not going to do anything to help us. We have to stand up to these kind of actions. We are cirleing into the fifth ring of hell.
What are you waiting for? This is how Germany slipped into fascism. WAKE UP AMERICA !!!
July 9th, 2008 at 8:46 pm
And so, I am not seeing a plan? WELL! Strange how I feel right now, I feel by posting something that may make the government lift its eyebrow at me, could get me arrested. I was wondering if we Americans might want to do something..ya know have tea , coffee ya no catch up..Are we to late to stop what is clearly happening to our country?
July 9th, 2008 at 8:51 pm
Well I’m Gonna Exercise My 4th Amendment Right Now, Hey Jasmine , Kiss My White Patriot Ass You Commie Mother fucker ! And By The Way , Tell Your Dickhead Retard Leader Bush To FUCK OFF !!
July 9th, 2008 at 10:46 pm
Save the Constitution…Kill Congress, the Senate and the Executive branch…Revolution!
July 9th, 2008 at 11:30 pm
Jasmine, knosh on my poopy diapers,you little attention whore.
July 9th, 2008 at 11:34 pm
YEAH YEAH YEAHG, TALK IT UP BOYS. YOU KNOW ITS ALL TALK AND NOTHING IN ACTION. LICK MY BOOTS SLAVES!
July 10th, 2008 at 1:48 am
O.K. Jasmine, Please tell us, o’ one of mighty tongue, what action oriented steps your forceful,brilliant mind would suggest for wayward infowarriors, or do you just excel at pooh poohing people who are trying to arm themselves with information and vent and commiserate with their fellow awakened ones.Please favor us with some CONSTRUCTIVE advice, because I’m guessing that bombastic derision is your only forte’.
July 10th, 2008 at 9:07 am
Citizens, let’s find a way to start an Abolish The Federal Reserve movement. As they long they stay in control, we will remain enslaved.
July 10th, 2008 at 9:51 am
OK, I’LL TELL YOU, READY? READY? I AM GOING TO YOUR HOUSE, MY FRIENDS AND I, AND WE’RE GOING TO POLITELY ASK YOU TO DISARM. AND YOU’LL DO IT BECAUSE WE ARE TELLING YOU TO, THAT’S WHAT. AND THEN YOU’RE GOING TO STAY HOME UNTIL WE PICK YOU UP, IF WE FEEL LIKE IT. YOU’RE GOING TO SAY NOTHING, DO NOTHING AND YOU’RE NOT TO COMPLAIN. YOU WILL OBEY, SHUT UP AND DO NOTHING AT ALL. BECAUSE THAT’S WHO YOU ARE. THAT’S WHAT YOU ARE. YOU’RE A LAZY, INATTENTIVE, SULLY, FAT, STUPID, TALKER WITH NO ACTION. SHUT UP AND STAY HOME LITTLE GIRLS BECAUSE THIS IS NOT FOR YOU. THAT’S WHAT’S GOING TO HAPPEN AND YOU’RE GOING TO NOTHING ABOUT IT. NOTHING NOTHING NOTHING AT ALL. YOU DON’T DESERVE YOUR FREEDOMS. YOU DESERVE NOTHING.
July 10th, 2008 at 2:10 pm
Help me Sign this ANTI – Fluoride petition
I am a 27 yr.old wife an mother of 5 beautiful children,whom I adore and want to keep healthy an safe from all harm.Seeing that fluoride is in our water it is hard to do that.I am here trying to inform others about fluoride and the extremely harmful effects of this product. I was sickened to learn all the crap that it causes,such as holes in the brain,thats right it eats away your brain,along with so much more.You can see for yourself at Fluoridealert.org/..You will be alarmed at all the effects it has on us,but yet why do they put it in our water??Good question I have my own beliefs on this.Please join me to stop this madness.It will take all of us to stop it…
http://www.thepetitionsite.com.....ide2gether
July 10th, 2008 at 4:08 pm
I saw this live on c-span and I have to say some of the debate offered by the supporters of this bill couldn’t have persuaded an Eskimo to part with some ice, let alone convince anyone in their right mind this is really in the best interests of the American people.
July 11th, 2008 at 2:57 am
CHURCH FANATICS, THE ATHEIST POLITICAL PARTY AND THE ATHEIST POLICE ARE GOING TO YOUR CHURCH AND WE’RE GOING TO POLITELY ASK YOU TO RENOUNCE CHRIST. AND YOU’LL DO IT BECAUSE WE ARE FORCING YOU TO, THAT’S WHAT. AND THEN YOU’RE GOING TO SWEAR YOUR ALLEGIANCE TO ATHEISM AND YOU’RE NOT TO SAY “IT’S A SIN”. YOU WILL BOW DOWN AND WORSHIP THE FOUNDER OF ATHEISM. YOU’RE A HERETICAL, RELIGIOUS NUT. SHUT UP AND WORSHIP ATHIESM BECAUSE YOUR IMAGINARY SAVIOR IS NOT GOING TO COME AND RESCUE YOU. YOU DON’T DESERVE TO LIVE. YOU DESERVE DEATH.
July 11th, 2008 at 8:50 am
This is exactly what I cannot understand.
By passing a law that grants immunity to companies that KNOWINGLY helped the Fed’s break a whole host of federal, state, and local laws, AND allowed the Fed’s to violate the rights of every single American in this country, this legislative body has one upped the Fed’s atrocity by violating our 1st Amendment right to redress, our 5th Amendment right to due processs, our 7th Amendment right to a trial by a jury over civil matters, and the 10th Amendments states rights clause that would have allowed an individual states Attorney General to prosecute for violations of its citizens. Not to mention the fact that granting immunity to entire groups of law-breakers is NOT mentioned anywhere in Article 1 section 8 of the Constitution which means specifically that this new law violates the 9th Amendment as well.
The executive branch of our government is NOT allowed to let companies break the law. The legislative branch is NOT allowed to do it either. Further, the legislative branch has no authority, no power, no permission, to pre-decide cases that should be left up to a jury. If a majority of a jury believes that the communications companies did nothing wrong, THEY, and only THEY are allowed to express that belief by a verdict of not liable, and only then, on a case by case basis. Where in the hell do these CRIMINAL -SSH-L-S get off pre-determining jury verdicts for every person in this nation?
Like the Patriot Act, the Patriot Act 2, the John Warner Defense Act, the MCA Act, and the Protect America Act, ANYONE voting for this law should be removed from office, charged with crimes, prosecuted, convicted, and executed for TREASON!!! for subverting the Constitution that governs our great nation.
FreeinTX
July 11th, 2008 at 11:48 am
SOMEBODY’S WATCHING ME!!! http://www.youtube.com/watch?v=Sc_xfO63lE4
July 11th, 2008 at 1:04 pm
United States Constitution, Section 9, Paragraph 3: No bill of Attainder or ex post facto Law shall be passed. An ex post facto law is a retroactive law like the one that was just passed for Fisa.
The ex post facto precedent was set by the Lautenberg amendment that retroactively stripped gun rights from those who had a conviction for misdemeanor domestic violence. This is probably the most dangerous part of the legislation. Anything can be retroactivlely criminalized and penalties applied. All the laws that they are passing are unconstitutional and would only be valid through the constitutional amenment preocess; two thirds of congress and three fourths of the states for ratification.
They want key words do they? Anything can be a keyword. How about everything to do with baking? As an example: If these unwelcome guests come to my door I’m going to bake them a cake and force feed them. Any slang or technical terms could be used to describe things and only you and your associates would know the key or meaning. Lets give their terrorist identification algorithms a fatal arrythmia. Call it Operation Ghostbuster.