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Obama administration defends telecom immunity
- Text size
Rachel Oswald
Raw Story
February 26, 2009
The Obama Justice Department continues to stand behind a Bush era law meant to prevent lawsuits against telecommunications companies accused of illegally sharing private customer information with intelligence agencies.
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| A San Francisco federal judge questioned the constitutionality of the wide-sweeping law and whether it gives the U.S. Attorney General too much power. | |
In a brief filed late Wednesday obtained by Raw Story, the Department of Justice provided its views to Chief U.S. District Judge Vaughn Walker, after the San Francisco federal judge questioned the constitutionality of the wide-sweeping law and whether it gives the U.S. Attorney General too much power in deciding whether a company is immune from lawsuits after it has shared information with federal agents.
The law was specifically designed to protect companies who participated in government wiretapping programs from legal claims and is one that President Obama supported as a senator when it was approved by Congress last year.
“Electronic communication service providers play an important role in assisting intelligence officials in national security activities. Indeed, the intelligence community cannot obtain the intelligence it needs without assistance from these companies,” the Administration’s 18-page brief says.
“The committee was concerned that, without retroactive immunity, the private sector might be unwilling to cooperate with lawful government requests in the future without unnecessary court involvement and protracted litigation,” it adds.
It continues: “The possible reduction in intelligence that might result from this delay is simply unacceptable for the safety of our nation,” directly citing the 2008 findings of the Senate Select Committee on Intelligence Report.
- A d v e r t i s e m e n t
According to the Justice Department, the law requires a judge to dismiss a wiretapping lawsuit against a telecommunications company if the attorney general explains the firm’s role to the judge in a confidential statement.
“The department is compelled to defend the statute as long as it can reasonably do so, and in this case the department was asked by the court to make a defense of the statute passed by Congress,” DOJ spokesman Matthew Miller said in a statement accompanying the submission of the brief. “The [Foreign Intelligence Surveillance] Act passed by Congress in 2008 is the law of the land, and as such the Department of Justice defends it in court.”
The Justice Department brief was filed in support of the department’s motion to Walker to dismiss or to provide summary judgment in the lawsuit against AT&T for sharing customer telephone and e-mail records with federal agencies. The constitutionality of the law is defended on the grounds that the attorney general is only carrying out powers specifically given to him by Congress.
The Department asserts that the “presumption of constitutionality becomes even stronger” when Congress delegates authority to the executive branch in matters of national security or foreign affairs.
“Congress supplied the requisite intelligible principle by specifically and narrowly defining the conditions under which the Attorney General may make a certification, and the statute’s legislative history provides further guidance, should any be necessary,” the brief reads. “Under well-settled law, Congress may leave the decision whether and when to make a certification to the Attorney General’s discretion.”
“Congress provided the Attorney General an intelligible principle by enumerating specific and narrow circumstances in Section 802 [of the Patriot Act] that control whether and when he may make a certification,” it continues. “The Act permits the Attorney General to certify facts to the court only when there is a pending civil action in which a person is alleged to have ‘provid[ed] assistance to an element of the intelligence community.’”
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February 26th, 2009 at 2:51 pm
Yep, we remember the FISA vote too -
Freedom of limited speech, Reply:
February 26th, 2009 at 7:06 pm
You Have a right to know!! where is the $50.000 yea 50.000 dollars for a tore up broke Bullhorn
Yaw, 50k or 50,000bucks, E-Bay auction
Alex and Will Jones got for the Broken Bullhorn
Or maybe I don’t
or as it says
© 2009 Alex Jones | Infowars.com is an Alex Jones company. All rights reserved.
Some rights are not reserved when money is given to a company
Just would like to know be for its forgot
[Reply]
Tuna Queen Reply:
February 26th, 2009 at 11:20 pm
Obama the OREO strikes again
ScrewyLogic Reply:
February 27th, 2009 at 9:13 am
Idiot.
PeterZ Reply:
February 27th, 2009 at 10:41 am
English?
“limited speech” is right…
rusl Reply:
February 26th, 2009 at 8:12 pm
To the attorney general. There’s a special place in hell for cowards like you!
oldnamvet Reply:
February 26th, 2009 at 9:52 pm
Hey just another communist half breed.
Pablodrifter Reply:
February 26th, 2009 at 10:55 pm
The destruction of the unfruitful is of use, to give the saints a greater sense of their happiness, and of God’s grace to them. The wicked will be destroyed and tormented in the view of the saints, and other inhabitants of heaven. This we are taught in Revelation 14:10.
The same shall drink of the wine of the wrath of God, which is poured out without mixture, into the cup of his indignation; and he shall be tormented with fire and brimstone, in the presence of the holy angels, and in the presence of the Lamb.
And in Isaiah 56:24
And they shall go forth and look upon the carcasses of the men that have transgressed against me. For their worm shall not die, neither shall their fire be quenched, and they shall be an abhorring unto all flesh.
ScrewyLogic Reply:
February 27th, 2009 at 8:37 am
UNNECESSARY court involvement ?!
ScrewyLogic Reply:
February 27th, 2009 at 8:38 am
oh yeah, let’s allow the president’s appointees decide what the president is allowed to do, constitution be damned!
Ex Post Facto?
First Amendment?
Fourth Amendment?
Due Process / Habeas Corpus?
WHAT THE F?
February 26th, 2009 at 2:58 pm
lol, i don’t care about these stupid scare techniques anymore.
Let's get Real Reply:
February 26th, 2009 at 4:00 pm
Meet the new boss, same as the old boss.
Same ol’ shit. Shit nevers changes. It just continues to stink.
Gary Reply:
February 26th, 2009 at 4:08 pm
Yep. The only “change” is that the rate they’re proceeding with the same agenda has accelerated greatly and become more obvious.
Let's get Real Reply:
February 27th, 2009 at 8:04 am
You’re right Gary, That means the hammer is going to fall soon.
February 26th, 2009 at 2:58 pm
where is all this Change going to happen! lol right Stupid people voted for Obama… the only Change will be comming out of our pockets soon! doh
February 26th, 2009 at 2:59 pm
Hey, this is not “change” in any sense of the word. We screwed up big time. Impeachment time, baby! Still he will not comply with showing that he is a natural born citizen? Hiding something is he? It will come out in the wash eventually. Impeach, impeach impeach
Choking Victim Reply:
February 27th, 2009 at 6:06 am
why? Another piece of shit would get elected and we’d still be reading the same article
February 26th, 2009 at 2:59 pm
Remember, THE SCUM ALWAYS RISES TO THE TOP!
Gary Reply:
February 26th, 2009 at 4:09 pm
Yep, or, put another way, in the cesspool of government, it’s not cream that rises to the top.
Afro_Samurai420 Reply:
February 26th, 2009 at 6:19 pm
asscream maybe.
ha!
pun intended ^-^
February 26th, 2009 at 3:00 pm
holy shit he does, i never noticed that before.
February 26th, 2009 at 3:00 pm
ticks
February 26th, 2009 at 3:02 pm
Yet the stupid f*cking morons i run into on the street still think obama the is the greatest and gonna change things from the way they where when bushie was in power.. i wish i could just shoot them all.. but i don’t have enough ammo.
February 26th, 2009 at 3:13 pm
I guess I don’t really run into that many brainwashed idiots that often at work and stuff, so it was refreshing to see what the general population must be “thinking”
ScrewyLogic Reply:
February 27th, 2009 at 9:19 am
You don’t get out much
February 26th, 2009 at 3:28 pm
i like stone buddas though -.-
February 26th, 2009 at 3:31 pm
THEY TRIED TO BAN THIS DOCUMENT!
==>http://www.scribd.com/doc/12841386/Obama-Maitreya-The-Real-Obama
DOWNLOAD IT AND SHARE IT WITH AS MANY PEOPLE AS YOU CAN!
dred Reply:
February 27th, 2009 at 12:17 pm
NOBODY CARES YOU LIAR!!! OBAMA is not going to save anyone he is NOT maitreya you F’ing idiot. GO spam A different site loser.
February 26th, 2009 at 3:43 pm
owls are everywhere on coins in Europe -.- Nothing special.
February 26th, 2009 at 3:46 pm
Well, do you know were most of the telephone spying is being collected and by whom? Non other than friendly Israel corporations.
ScrewyLogic Reply:
February 27th, 2009 at 9:19 am
AMDOCS, NICE, etc.
February 26th, 2009 at 3:54 pm
http://www.ExposingChristianity.com
Contrary to what most people have been indoctrinated with, Judaism, Christianity and Islam are relatively new religions. Humanity goes back tens of thousands of years. These three have worked relentlessly to keep us from spiritual knowledge and using this power, of which all of us have.
The Administrator Reply:
February 26th, 2009 at 6:34 pm
Dude, what does trying to divide people based on their religious beliefs have to do with the cause of liberty? If you believe that it’s all a scam then you have a right to that, but please stay on subject and stop spamming this comment section. No one wants to watch your stupid video.
Thank you, the Adminitrator
Exposing Christianity Reply:
February 26th, 2009 at 7:32 pm
I’m not at all trying to divide people, I’m putting it here so people can have access to this knowledge. It’s not a stupid video, it’s a website loaded with pages and pages of info for people to read. I’ll stop now.
FUK SPAM Reply:
February 26th, 2009 at 9:00 pm
Christianity is one of the biggest frauds of all time.
Max Reply:
February 27th, 2009 at 11:55 am
Spoken like a true ADL supporter
dred Reply:
February 27th, 2009 at 12:23 pm
well your information on your site has no basis. its the same crap in Zietgiest and its been disprovin time and time again. go advertise your crap somewhere else please. Now if you have a website that has to do with a restoring our country to a free society then by all means share. Starting a fight about religion is not going to get anyone anywhere.
February 26th, 2009 at 4:03 pm
Smells a lot like the old Nixon Doctrine: “It’s legal because the President SAYS it’s legal!”.
So remember, “And you will do, as you are told, until the rights to you are sold”.
February 26th, 2009 at 4:03 pm
Yeah i think ms.kennedy withdrew.Because her and holder andf maybe obama.Had some extracariculaur activites together.That were recorded or pictures taken.
February 26th, 2009 at 4:25 pm
Are you fighting the NWO? Take a minute break just for a laugh.
WHO IS JACK SCHITT?
For some time many of us have wondered just who is Jack Schitt? We find ourselves at a loss when someone says, ‘You don’t know Jack Schitt!’ Well, thanks to my genealogy efforts, you can now respond in an intellectual way.
Jack Schitt is the only son of Awe Schitt. Awe Schitt, the fertilizer magnate, married O. Schitt, the owner of Needeep N. Schitt, Inc. They had one son, Jack.
In turn, Jack Schitt married Noe Schitt. The deeply religious couple produced six children: Holie Schitt, Giva Schitt, Fulla Schitt, Bull Schitt, and the twins Deep Schitt and Dip Schitt.&nbs p;
Against her parents’ objections, Deep Schitt married Dumb Schitt, a high school dropout. After being married 15 years, Jack and Noe Schitt divorced. Noe Schitt later married Ted Sherlock, and because her kids were living with them, she wanted to keep her previous name. She was then known as Noe Schitt Sherlock.
Meanwhile, Dip Schitt married Loda Schitt, and they produced a son with a rather nervous disposition named Chicken Schitt. Two of the other six children, Fulla Schitt and Giva Schitt, were inseparable throughout childhood and subsequently married the Happens brothers in a dual ceremony. The wedding announcement in the newspaper announced the Schitt-Happens nuptials. The Schitt-Happens children were Dawg, Byrd, and Horse.
Bull Schitt, the prodigal son, left home to tour the world. He recently returned from Italy with his new Italian bride, Pisa Schitt.
Now when someone says, ‘You don’t know Jack Schitt,’ you can correct them.
Sincerely,
Crock O. Schitt
NOTE: PLEASE PASS THIS ON TO ANYONE WHO NEEDS A LAUGH.
JEFF Reply:
February 27th, 2009 at 3:05 am
Thanx I needed that!!!:)
dred Reply:
February 27th, 2009 at 12:28 pm
LOL that was the Schitt.
February 26th, 2009 at 4:58 pm
Don’t you feel the change?
Gary Reply:
February 26th, 2009 at 8:51 pm
Yeah! Oh, wait…no, that’s just gas.
February 26th, 2009 at 5:05 pm
Replace this system with a new one!
Lots to be done!
http://WWW.WARNTHEPEOPLE.ORG
February 26th, 2009 at 5:19 pm
To every loser that case a vote for Obama, you are the very reason this country fails… so when you see your children or family members getting rapped by the Stasi and other Obama minions, kill yourself because IT WAS YOUR FAULT.
February 26th, 2009 at 5:32 pm
REPENT.UNITE.RESIST.
February 26th, 2009 at 5:48 pm
what the hell is going on
Gary Reply:
February 26th, 2009 at 8:52 pm
How many days do you have to listen?
February 26th, 2009 at 5:51 pm
“I didn’t vote for Obama, but he is remarkable. In less than three weeks in office he has collected more than $150,000 in back taxes.” Just from cabinet appointments.
Gov. Sanford
South Carolina
February 26th, 2009 at 5:51 pm
I knew I knew that fucker I’ve met him years ago he’s the son of Holden Schitt.
February 26th, 2009 at 5:52 pm
He changed his name from Holder O. Schitt
February 26th, 2009 at 6:01 pm
Hello, I recently developed a blog for exposing corruption, police brutality, and globalist conspiracies called rebellionbrewery.com. I don’t really have time to update this site daily, but it is ready to go with a complete administrative interface for editing and adding new articles and content, no programming knowledge required. If anyone would like to purchase this website from me and put it to good use please feel free to contact me: brewmaster at rebellionbrewery.com or use the contact link on the website. It also comes complete with google ads (I can change the code to yours) so that you can make good monthly income with this website. In this day and age you need your own business to guarantee your income. Don’t be a slave to the state! get in touch with me for more info. I can also custom design any type of blog site you may have in mind.
Kermit The Log Reply:
February 27th, 2009 at 3:53 am
Fuckyou…….Go sell your shit somewhere else!!
February 26th, 2009 at 6:29 pm
need help warning people?
http://WWW.WARNTHEPEOPLE.COM
February 26th, 2009 at 6:30 pm
need help warning people?
http://WWW.WARNTHEPEOPLE.ORG
February 26th, 2009 at 6:56 pm
No, he’s “the coward”
February 26th, 2009 at 7:53 pm
Well they will have time to think about it when the firing squad is reloading. They might get me but, justice will get them in the end. ….P.S. can we keep the racist comments out of the loop. Scumbags come in all colors.
February 26th, 2009 at 9:10 pm
Its the stale, musky, old 2 parties. They’ve assumed ownership of the government and have treated government and the American people as property to exploit and do with what they wish. And thanks to the game of left v.s. right they stay in, century after century.
February 26th, 2009 at 9:25 pm
Those of us who aren’t sheep already knew this.. even Rachel Maddow on msnbc wasn’t coward enough to deny it in July last year when Obama SPONSORED FISA telecom immunity. Obama does not support the 4th amendment, or any of the bill of rights for that matter. This Kenyan born piece of crap does not belong in the white house. Change? Moooo… bahhhhhh!
February 26th, 2009 at 9:29 pm
Those of us who aren’t sheep already knew this. Even Rachel Maddow on msnbc announced back in July 08 that Obama sponsored the FISA telecom immunity bill. Obama does not respect the bill of rights in any way, shape, or form. This Kenyan piece of crap and all of his cronies need to be removed immediately from the white house. Obama is violating the constitution just by occupying the white house illegally.
February 26th, 2009 at 9:34 pm
Cops on our side.
http://www.lawfulpath.com/ref/vk2k.shtml
February 26th, 2009 at 10:01 pm
as a 25 year telecom vet I can assure you that cable companies know every site you visit…and they comply with FCC requests for information!
seach with ixquick.com
John Galt Reply:
February 27th, 2009 at 1:00 pm
Great site !!!
February 26th, 2009 at 10:21 pm
There are a bunch of white ones too, the bankers and the Anglo system of World Domination.
February 26th, 2009 at 10:29 pm
THE CRIMINALS PROTECTING THE CRIMINALS.
I CANT WAIT FOR ALL THESE BUSTERS TO BE TRIED AND CONVICTED.
ILL BE THERE FOR SURE.
February 26th, 2009 at 10:33 pm
IS EVERYONE ELSE ON THIS BLOG ON THE RED LIST ALSO?
GOD I HOPE I AM, NOTHING GIVES ME MORE PLEASURE KNOWING IM ON THE DEVILS SHIT LIST.
I’D RATHER BE ON GODS PERSONAL VIP LIST.
February 26th, 2009 at 10:44 pm
The destruction of the USA continues…..
February 27th, 2009 at 12:19 am
Immunity and shit are the same thing.
February 27th, 2009 at 12:20 am
The most fucked up thing is, by watching everybody, and everything anyone does, the only result is information overload. If there was an actual threat, they’d never be able to differentiate a real threat from the near infinite false positives they’ll get from just people justifiably angry at the absurd concept of destroying freedom to protect it.
February 27th, 2009 at 12:37 am
Malcolm X once talked about ” house negros”, and “field Negros”, since we are all Field negros now ,which one do you think the guy in the picture is ….I wonder!
February 27th, 2009 at 1:12 am
It’s me. That backbone is stiffened up David! I’m ready!!!!!
Signed,
The Rice Blacklist
February 27th, 2009 at 1:47 am
Seeker…Now we have Lord Buckwheat!!! “All ‘HAIL’ Thermal Expansion!!!”
February 27th, 2009 at 2:05 am
This America, MY America WILL NOT STAND FOR NAKED AUTHORITARIAN AGGRESSION REPRESENTED by this Attorney General’s BRIEF (HA) on illegal wiretapping.
This transgression of American Liberty will not go unchallenged.
This afront to Civil Linerties WILL NOT go unanswreed,
You ENEMIES OF TRUTH AND LIBERTY WILL be brought to your knees.
You enemies of American Civil Liberties will perish from the earth.
I do not care the color of your skin. If you think for one minute you are going to eusurp independence YOU HAVE ANOTHER GODDAMNED THING COMING!
Prosecutte Cheney, W and all 23 of the inner circle or face war crimes trials yourselves. Bitches!@
Your laize Faire attitude will not be tolerated.
Government By the People for the People and of the People shall NOT PERISH FROM THE EARTH BITCHES!
February 27th, 2009 at 2:05 am
I check every day what the major network news report on and for years now, it is obvious and blatant that the all of the networks and even local news are filtering out all and any story that does not fly pro the government propaganda; this was true during the Bush Administration and is even more true now with the Obama Administration. Worse, even those who speak less than supportive of the Obama Movement, like Glenn Beck water down the facts and don’t mention the State’s and mass negative reaction of Americans to the Obama Administration’s attack upon us, our Constitution and all the dirty trick these people are pushing forward with. I am not sure what can be done but I am always making comments on the comment sections of the network news, calling them for the liars, traitors and propaganda machines they are. Everyone here should do the same.
johnson Reply:
February 27th, 2009 at 2:18 am
What the frig Major? What are you trying to say?…Loser? You suck Government’s Dick? I think thats what your saying, bitch…whiner…Bildeburger dick sucker? Dousche? What are you saying pussy?
February 27th, 2009 at 2:20 am
Thanks for the post alex. Even if it is not seen! Thanks for letting me see it!
Patriot
February 27th, 2009 at 2:24 am
I apologize Major. I see the light!
February 27th, 2009 at 2:24 am
Lets open the dialogue!
February 27th, 2009 at 2:25 am
wHAT IS THE MOST POSITIVE MESSAGE WE COULD SPIN FOR THE ag!?
February 27th, 2009 at 2:58 am
FROM DRUDGE: http://abcnews.go.com/Politics…..amp;page=1
GET READY WHILE YOU STILL CAN!!!!!!!!!!
February 27th, 2009 at 8:32 am
{ zero} That’s the perfect name for you.
February 27th, 2009 at 9:01 am
no he doesn’t, you idiot. alex jones exposes the truth. he doesn’t tell anyone WHAT to think. it is a person’s own choice to think as they wish. what truth does he fear?
February 27th, 2009 at 9:53 am
All those people who voted for “CHANGE” are now finding out there isn’t much of any. Current administrations protecting former adminstrations. Why is it you don’t hear a peep out of those people who voted for change and aren’t seeing any? why have they not challenged Obama on this?
February 27th, 2009 at 10:52 am
Uncle Tom.
February 27th, 2009 at 12:17 pm
We all have to understand at once!!
http://911truth-sherbrooke.org.....erbergers/
February 27th, 2009 at 1:16 pm
He does sensor. Even information.