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	<title>Comments on: Strict Construction?</title>
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	<description>Making the World Safe for Liberalism</description>
	<pubDate>Tue, 06 Jan 2009 08:20:54 +0000</pubDate>
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		<title>By: emel</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1446</link>
		<dc:creator>emel</dc:creator>
		<pubDate>Tue, 20 Dec 2005 03:45:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.mahablog.com/?p=250#comment-1446</guid>
		<description>Since this is about data mining, I also wish to protest the computerization of all medical records. the bushies are pushing this corporate crap. you think they know about you now- wait till they have your entire genetic medical profile on tap- big brother could only dream....

We really need a privacy amendment and it is an issue whose time has come.</description>
		<content:encoded><![CDATA[<p>Since this is about data mining, I also wish to protest the computerization of all medical records. the bushies are pushing this corporate crap. you think they know about you now- wait till they have your entire genetic medical profile on tap- big brother could only dream&#8230;.</p>
<p>We really need a privacy amendment and it is an issue whose time has come.</p>
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		<title>By: PW</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1445</link>
		<dc:creator>PW</dc:creator>
		<pubDate>Tue, 20 Dec 2005 03:23:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.mahablog.com/?p=250#comment-1445</guid>
		<description>Jonathan Alter, in his by now all-over-the-web Newsweek piece published this evening, writes about that inherent powers bit:

"No, Bush was desperate to keep the Times from running this important story—which the paper had already inexplicably held for a year—because he knew that it would reveal him as a law-breaker. He insists he had 'legal authority derived from the Constitution and congressional resolution authorizing force.' But the Constitution explicitly requires the president to obey the law. And the post 9/11 congressional resolution authorizing 'all necessary force' in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism."   http://www.msnbc.msn.com/id/10536559/site/newsweek/</description>
		<content:encoded><![CDATA[<p>Jonathan Alter, in his by now all-over-the-web Newsweek piece published this evening, writes about that inherent powers bit:</p>
<p>&#8220;No, Bush was desperate to keep the Times from running this important story—which the paper had already inexplicably held for a year—because he knew that it would reveal him as a law-breaker. He insists he had &#8216;legal authority derived from the Constitution and congressional resolution authorizing force.&#8217; But the Constitution explicitly requires the president to obey the law. And the post 9/11 congressional resolution authorizing &#8216;all necessary force&#8217; in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.&#8221;   <a href="http://www.msnbc.msn.com/id/10536559/site/newsweek/" rel="nofollow">http://www.msnbc.msn.com/id/10536559/site/newsweek/</a></p>
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		<title>By: Bob in Seattle</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1444</link>
		<dc:creator>Bob in Seattle</dc:creator>
		<pubDate>Tue, 20 Dec 2005 03:22:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.mahablog.com/?p=250#comment-1444</guid>
		<description>It appears the feds had a 24 hour grace period in place on 911 that was changed to 72 hours by George W. on December 28th 2001.

http://66.102.7.104/custom?q=cache:KpXvDzPS9XUJ:www.fas.org/irp/crs/RL30465.pdf+FISA+%2272+hours%22&#38;hl=en&#38;lr=lang_en&#38;ie=UTF-8

The Foreign Intelligence Surveillance Act:
An Overview of the Statutory Framework and Recent Judicial Decisions (google cache HTML of a PDF)
by the Congressional Research Service

quoting....

Section 314(a)(2)(B) of the conference report version of H.R. 2883, the Intelligence
Authorization Act for Fiscal Year 2002, H.Rept. 107-328, replaced 24 hours with 72 hours in each place that it appears in 50 U.S.C. § 1805(f). The measure was forwarded to the President for his signature on December 18, 2001, and signed into law on December 28, 2001, as P.L. 107-108.

Emergency situations are addressed in 50 U.S.C. § 1805(f).

Notwithstanding other provisions of this subchapter, if the Attorney General reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained and that the factual basis for issuance of an order under this subchapter to approve such surveillance exists, he may authorize electronic surveillance if specified steps are taken. At the time of the Attorney General’s emergency authorization, he or his designee must inform an FISC judge that the decision to employ emergency electronic surveillance has been made. An application for a court order under Section 1804 must be made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes emergency electronic surveillance, he must require compliance with the minimization procedures required for the issuance of a judicial order under this subchapter. Absent a judicial order approving the emergency electronic surveillance, the surveillance must terminate when the information sought is obtained, when the application for the order is denied, or after 72 hours from the time of the Attorney General’s authorization, whichever is earliest.

If no judicial order approving the surveillance is issued, the information garnered may not be received in evidence or otherwise disclosed in any court proceeding, or proceeding in or before any grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof. No information concerning any United States person acquired through such surveillance may be disclosed by any Federal officer or employee without the consent of that person, unless the Attorney General approves of such disclosure or use where the information indicates a threat of death or serious bodily harm to any person.</description>
		<content:encoded><![CDATA[<p>It appears the feds had a 24 hour grace period in place on 911 that was changed to 72 hours by George W. on December 28th 2001.</p>
<p><a href="http://66.102.7.104/custom?q=cache:KpXvDzPS9XUJ:www.fas.org/irp/crs/RL30465.pdf+FISA+%2272+hours%22&amp;hl=en&amp;lr=lang_en&amp;ie=UTF-8" rel="nofollow">http://66.102.7.104/custom?q=cache:KpXvDzPS9XUJ:www.fas.org/irp/crs/RL30465.pdf+FISA+%2272+hours%22&amp;hl=en&amp;lr=lang_en&amp;ie=UTF-8</a></p>
<p>The Foreign Intelligence Surveillance Act:<br />
An Overview of the Statutory Framework and Recent Judicial Decisions (google cache HTML of a PDF)<br />
by the Congressional Research Service</p>
<p>quoting&#8230;.</p>
<p>Section 314(a)(2)(B) of the conference report version of H.R. 2883, the Intelligence<br />
Authorization Act for Fiscal Year 2002, H.Rept. 107-328, replaced 24 hours with 72 hours in each place that it appears in 50 U.S.C. § 1805(f). The measure was forwarded to the President for his signature on December 18, 2001, and signed into law on December 28, 2001, as P.L. 107-108.</p>
<p>Emergency situations are addressed in 50 U.S.C. § 1805(f).</p>
<p>Notwithstanding other provisions of this subchapter, if the Attorney General reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained and that the factual basis for issuance of an order under this subchapter to approve such surveillance exists, he may authorize electronic surveillance if specified steps are taken. At the time of the Attorney General’s emergency authorization, he or his designee must inform an FISC judge that the decision to employ emergency electronic surveillance has been made. An application for a court order under Section 1804 must be made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes emergency electronic surveillance, he must require compliance with the minimization procedures required for the issuance of a judicial order under this subchapter. Absent a judicial order approving the emergency electronic surveillance, the surveillance must terminate when the information sought is obtained, when the application for the order is denied, or after 72 hours from the time of the Attorney General’s authorization, whichever is earliest.</p>
<p>If no judicial order approving the surveillance is issued, the information garnered may not be received in evidence or otherwise disclosed in any court proceeding, or proceeding in or before any grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof. No information concerning any United States person acquired through such surveillance may be disclosed by any Federal officer or employee without the consent of that person, unless the Attorney General approves of such disclosure or use where the information indicates a threat of death or serious bodily harm to any person.</p>
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		<title>By: Bonnie</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1443</link>
		<dc:creator>Bonnie</dc:creator>
		<pubDate>Tue, 20 Dec 2005 03:07:26 +0000</pubDate>
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		<description>Josh Marshall has new information and insights on this issue.  Check him out at
http://www.talkingpointsmemo.com/

I, myself, am very discouraged at what this country stands for under the Bush Administration.  And, I see little hope for correction.  Right now, I am glad that I have no children because they would be inheriting a mess that I don't think they are prepared to handle.</description>
		<content:encoded><![CDATA[<p>Josh Marshall has new information and insights on this issue.  Check him out at<br />
<a href="http://www.talkingpointsmemo.com/" rel="nofollow">http://www.talkingpointsmemo.com/</a></p>
<p>I, myself, am very discouraged at what this country stands for under the Bush Administration.  And, I see little hope for correction.  Right now, I am glad that I have no children because they would be inheriting a mess that I don&#8217;t think they are prepared to handle.</p>
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		<title>By: emel</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1441</link>
		<dc:creator>emel</dc:creator>
		<pubDate>Tue, 20 Dec 2005 02:42:07 +0000</pubDate>
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		<description>I always felt there was too much focus on bush the person and not enough 'hatred' of his enablers toadies sycophants without which he would've never made it to this point. and while Martha Raddich needs to be skewered for her lack of guts today, I'm really feeling a real hate of bush, because now he is on tv defying the law and all of us and congress, with his ' i'll break the law anytime i please' approach. you know drunks know no boundaries and neither does this entire crowd. the white house evidently thinks they are boxing the dems as defeatists and traitors and couldn't care less about the constitution and the country. the gop will not stand up and since it would take his own sorry party to stop him our country is now lost. Fuck every libertarian and socalled conservative- none of you stand for a goddamn thing.</description>
		<content:encoded><![CDATA[<p>I always felt there was too much focus on bush the person and not enough &#8216;hatred&#8217; of his enablers toadies sycophants without which he would&#8217;ve never made it to this point. and while Martha Raddich needs to be skewered for her lack of guts today, I&#8217;m really feeling a real hate of bush, because now he is on tv defying the law and all of us and congress, with his &#8216; i&#8217;ll break the law anytime i please&#8217; approach. you know drunks know no boundaries and neither does this entire crowd. the white house evidently thinks they are boxing the dems as defeatists and traitors and couldn&#8217;t care less about the constitution and the country. the gop will not stand up and since it would take his own sorry party to stop him our country is now lost. Fuck every libertarian and socalled conservative- none of you stand for a goddamn thing.</p>
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		<title>By: joanr16</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1436</link>
		<dc:creator>joanr16</dc:creator>
		<pubDate>Mon, 19 Dec 2005 22:19:21 +0000</pubDate>
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		<description>The best defense is, well, to be an offensive liar.  I'm not sure what part of his monkey's butt is the source of his "authorization."  It most certainly is not from statute or the Constitution!

I'm hearing that the FISA warrant could've been obtained quickly, if the request was legitimate.  This has nothing to do with inconvenience, or with compromising an investigation.  It has to do with "God wants me to be president."  Wouldn't be surprised if we find out it also had to do with enemies' lists.

George Carlin used to do a joke about answering his phone, "F*** Hoover!"  (Meaning J. Edgar.)  Maybe we can get "Buck Fush" to replace "Hello" in some circles?</description>
		<content:encoded><![CDATA[<p>The best defense is, well, to be an offensive liar.  I&#8217;m not sure what part of his monkey&#8217;s butt is the source of his &#8220;authorization.&#8221;  It most certainly is not from statute or the Constitution!</p>
<p>I&#8217;m hearing that the FISA warrant could&#8217;ve been obtained quickly, if the request was legitimate.  This has nothing to do with inconvenience, or with compromising an investigation.  It has to do with &#8220;God wants me to be president.&#8221;  Wouldn&#8217;t be surprised if we find out it also had to do with enemies&#8217; lists.</p>
<p>George Carlin used to do a joke about answering his phone, &#8220;F*** Hoover!&#8221;  (Meaning J. Edgar.)  Maybe we can get &#8220;Buck Fush&#8221; to replace &#8220;Hello&#8221; in some circles?</p>
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		<title>By: Bonnie</title>
		<link>http://www.mahablog.com/2005/12/19/strict-construction/comment-page-1/#comment-1434</link>
		<dc:creator>Bonnie</dc:creator>
		<pubDate>Mon, 19 Dec 2005 19:44:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.mahablog.com/?p=250#comment-1434</guid>
		<description>Stephen Pizzo has some good commentary on this and comparing it to the East German Staszi (spelling?).  Check it out at www.newsforreal.com</description>
		<content:encoded><![CDATA[<p>Stephen Pizzo has some good commentary on this and comparing it to the East German Staszi (spelling?).  Check it out at <a href="http://www.newsforreal.com" rel="nofollow">http://www.newsforreal.com</a></p>
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