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Exposing the Liberal Lie through current events and history. “Republicans believe every day is the Fourth of July, but the democrats believe every day is April 15.” ****** "We will always remember. We will always be proud. We will always be prepared, so we may always be free." RONALD REAGAN

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HISTORICAL QUOTE OF THE WEEK - "Always bear in mind that your own resolution to succeed is more important than any other." ABRAHAM LINCOLN

Sunday, January 29, 2006

DOMESTIC SPYING ? NOT ACCORDING TO FISA - THE SUNDAY COMMENTARY

When the New York Times broke the story of the NSA program that has used wiretaps to intercept phone conversation between Al Qaeda and there operatives in the United States the left began at that time using this as a means to attempt to push for impeachment hearings against the President trying to give the impression that he broke the law and admitted as such when he verified the program in subsequent press conferences. The press and Democrats have called this a, "domestic spying, "scandal and have continually portrayed this as the NSA and the President abusing intelligence gathering to tap into the phones of every American and listen in on our conversations. Some have attempted to give the impression that this program was also used to spy on anti-war protestors and even Jesse Jackson has tried to claim that he was targeted ( as if ANYONE would want to listen to HIS phone conversations). For the past several weeks the President has been using the, "bully pulpit, " to counter this biased media blitz while still trying to keep the integrity of the program intact without revealing its secrets so that this vital program can continue to intercept information from Al Qaeda and further prevent attacks as it has been proven to have accomplished. General Michael V. Hayden former NSA director has stated that if the program had been in place prior to 9/11 we would have been able to possibly prevent the attacks by knowing of the phone conversations that took place between Al Qaeda and the terrorists that eventually were on the planes. There has been a considerable amount of argument concerning the legality of the program by the left and the leftist media again to attempt to portray that the President broke the law. Yet if and I stress, "if, " this was illegal then why does the left not demand that the program end ? Rather they stress that the President, "broke the law, '" but as EVERY poll shows the the American people agree with the program the left says that it is a good program and should continue. Sounds like the typical left wing double standard to me. Even when the questions are skewed in polls to portray this program as intercepting common citizen conversations polls takers STILL overwhelmingly approve of the program for national security.

First let us set the record straight. This is not nor ever has been a, "domestic spying, " program. The NSA is not the least bit interested in what you and I have to say in our private phone conversations. Their responsibility concerns the gathering of foreign intelligence that has the capability of threatening our national security so they have no interest in what Aunt Martha is cooking for this weeks family reunion.

Second this program IS legal based on certain statutes within the FISA, (Foreign Intelligence Surveillance Act, ) instituted in 1978. The FISA act states that the President has the authority with the written under oath consent of the Attorney General to use electronic surveillance without a warrant against any foreign , "agent, " for up to one year as long as there is not a substantial likelihood that the intercepted intelligence does not involve a , "United States person." This is where the left has attempted to portray the President as breaking the law since the intercepts that were acquired did involve Al Qaeda operatives that were in the United States at the time. But as usual only half of the story is being released because they have neglected to state the definition of , "United States person." The FISA act states that a warrant in not needed as stated above IF the individual is an , "agent, " of a foreign entity whether within or without of the United States therefore they are considered a , "non - United States person." FISA describes a non United States person as one who " - act in the United States as an officer or employee of a foreign power, or as a member of a terrorist organization, Ã?‚Ã?§ 1801(b)(1)(A)
- act for or on behalf of a foreign power that engages in clandestine intelligence activities in the United States contrary to U.S. interests when (1) the circumstances of such persons' presence in the United States "indicate that such person may engage in such activities, or (2) when such person knowingly aids or abets any person, or conspires with any person to engage in such activities." 50 U.S.C. Ã?‚Ã?§ 1801(b)(1)(B). " Additionally FISA states that, "American citizens and permanent residents are "agents" if they knowingly engage in espionage for a foreign power or intelligence service, and such activities "are about to involve" a violation of U.S. laws--any criminal laws, not just espionage. Ã?‚Ã?§1801(b)(2)(B). " In accordance with FISA each of the above qualifies as a , "non - United States person, " and is subject to surveillance without warrant for up to one year. These FISA statutes give the President and the NSA the legal authorization to institute the Al Qaeda surveillance program and to continue it for national security.

Personally I believe that if the President HAD NOT authorized this vital program to intercept intelligence between Al Qaeda operatives over seas and in the US then he would have been guilty of an impeachable offense for failing to fulfill his first responsibility as President to, "preserve and protect. " Though this story continues to have momentum it will whither on the vine as other left wing orchestrated scandals against the President have. The real issue of this, "scandal, " is lost because of the lefts longing to hang Bush out to dry on falsely created scandals. Who leaked this national security secret vital to our countries protection to the New York Times and what business did the Times have in printing the story knowing the security risks that it created ? One can only hope that when the Justice Departments investigation is completed that these questions will be answered and prosecuted accordingly.

Ken Taylor

5 Comments:

Anonymous Anonymous said...

No one is saying that the spying should be stopped, what Democrats and Republicans who care about rule of law are saying is that the President should follow the law. He cannot just disregard the law and conduct operations without oversight just because he feels like it.

You have at least looked at the FISA statute, but your analysis is flawed because you are handpicking portions of the FISA statute to reach the conclusion that Bush did not break the law.

Under FISA, anytime there is warrantless surveillance, the Attorney General is required to make a certification under seal that the conditions you aptly describe in your post were met. This is to allow for a system of checks and balances to confirm that the warrentless surveillance was justified. By law, this certification must go to the FISA Court. In addition, the AG must report on warrantless compliance to both the House and Senate, more specifically, to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence. Bush and his folks did not do any of this.

In fact, we know that Acting Attorney General James Comey refused to sign off on the warrantless searches while Ashcroft was in the hospital with his gallstone problem. Gonzales and Andy Card went to Ashcroft’s hospital room to get him to sign off – there is some dispute about whether he did actually sign off or not. So it is very well possible that the AG never even agreed or signed off on the program, making it impossible that Bush was even close to compliance with FISA.

Don't take my word for it, read more about the requirements of FISA at: http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act

12:20 PM, January 29, 2006  
Anonymous Anonymous said...

By the way, thanks for the plug of my blog. With Super Bowl week coming there will probably be a fair amount of football talk.

12:22 PM, January 29, 2006  
Blogger Rask said...

In response to rob...President Bush said long ago that there will be times when actions are taken against our enemies that we, the public, will never know about. When action is taken against the enemy, I trust that President Bush has the wisdom and courage to act accordingly. What i don't trust is the liberal stance that has backed them into the corner, that is, what is bad for the country is good for the democrats. Protecting the nation is best left to those who have the ability to do it. All of us cannot be arm chair generals. 300 million people will have 300 million different ways to do it, so we elect the one who has the authority to do it. And if the NSA has to wait on a court order, don't you think by the time they get it, the terrorists will have already hung up the phone?

6:29 PM, January 29, 2006  
Anonymous Anonymous said...

First of all, FISA allows for surveillance to take place immediately with a warrant to be issued retroactively. There is no waiting if there is a real emergency.

Second, you have not addressed in any way whatsoever why it is OK for Bush to break the law. Contrary to what you may believe, because you trust him is not a reason.

Third, given his utter incompetence on Katrina, Iraq War planning, the Palestinian Election, bin Laden (still loose after 4 years), the deficit, health care, etc. I think we are better off having some oversight.

9:39 PM, January 29, 2006  
Blogger Rask said...

Ok, rob, lets address your concerns. First, FISA is NOT domestic surveillance like the liberals are intending to make it out to be. Its the surveillance of our enemies calling into this country. What the military has done is catch some AQ members. They go into their computers, notebooks, papers, etc and find phone contacts with their buddies in the United States. The President then authorizes that these phone numbers be monitored to see what these guys are saying. And THEN, Senator Leaky Leahy has the audacity to call in the Attorney General of the US and demand to know the names of the people that are being surveillanced. Do you really think these people will continue to talk to each other if they know they are being monitored? So let me get this right: your idea is for the NSA to hear a phone call being made, then go get a court order which doesnt take any time to do...which means that its either going to be a very long call, which isnt likely, or the judge is going to act at a moments notice, except when he's not using the bathroom or any thing else that might be taking up his time? If the courts are going to act that quickly, it makes you wonder why it takes up to 20 yrs for a death row inmate to die...

Further: Each President since the law was enacted has used FISA, so where is your criticism of Bill Clinton using it? And the President has a duty and an obligation to protect and defend the people of the United States. If the law says that he can't use surveillance on our enemies, then that law is in violation of the constitution. But what's a little thing like the constitution to a liberal? Bill Clinton said it best: "You know, I could have been elected to a third term if that constitution didn't stand in my way. It wouldn't hurt my feelings one bit if they changed it. A man serves two terms, skips a term and then runs for a third term. Thats the way it should be..."

Katrina: Relief and help start at the local level. Its clear to all except the liberals that the Mayor and Governor of LA never asked for help from the Feds until it was too late. President Bush understands that his authority is restricted by the constitution and cant run ruff shod over local governments. Once the Governor asked for help, the military came in and lifted people out of the statium in one day, what was the total, about 18,000 or more?

Iraqi war planning: We took Iraq in less than 3 weeks, rob. Even Hitler took longer to take Poland. As to why, don't forget that we were just sitting around minding our own business when we got a sucker punch and 3,000 perished. But we haven't had a sucker punch again, have we? President Bush must be doing something right...or does it make you mad that we haven't been attacked again?

the Palestinian Election: Looks like they recently had elections. Hamas is in...President Bush has said that we are not going to do business with anyone who wants to destroy our friends. And by the way, rob, why is it that the Palestinians have never gotten a home from any of the other arab countries? hmmmmmm?

As for Bin Laden being free: We never stopped WWII just because we never captured Hitler, did we? Or does history start for you each morning when you wake up?

The deficit: The 80's and 90's were prosperous and we still had deficits, so who says we can't have both and still not be prosperous? Liberals? Who, rob?

Health care: Hilliary tried to get a health care package going when she was First Lady, but when they asked her "How much is it gonna take out of my pocket, Mrs. Clinton?", she either didn't know or couldn't estimate it...or both.

Oversite: And who will be the one who will head the oversite? Senator Leaky Leahy? Indeed, lets give more secrets to Leahy, so they won't have to be a secret any more...or we can do what Sandy Burglar did, remove classified documents, destroy them and not allow the 9/11 Commission to determine who REALLY is responsible for Bin Laden's 9/11 attack...you know, like Bill Clinton, who refused to take Bin Laden from the Sudanese government...any comment on that, rob? hmmmmm?

etc: what other issues can I ease your mind on, rob?

5:13 PM, February 12, 2006  

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