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BobbyG

Published Letters: 876
Editor's Choice: 20

Sunday, June 22, 2008 05:40 PM

Section 702(h) et seq: Writs of Assistance

One principal cause of the American revolution was the ongoing, despised Crown issuance of "Writs of Assistance," e.g., impressment of the private sector in the hunt for miscreants and malcontents.

Writs, like old clothes, are now back in fashion.

SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES PERSONS...

...(h) Directives and Judicial Review of Directives-

(1) AUTHORITY- With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to--

(A) immediately provide the Government with all information, facilities, or assistance necessary to accomplish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; and

(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain.

(2) COMPENSATION- The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).

(3) RELEASE FROM LIABILITY- No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1)...

______

(3) constitutes a neat-o little dessert dish of prospective blanket indemnity for being Writees.

Friday, June 27, 2008 08:12 AM

Diploid Dave, Zelinda Zygote

"I have a question for you," Perkins says to Obama. "If, as you say, fatherhood begins at conception, when does life begin? ... Let me ask it this way: if I became a father at conception, when did Samuel here become my son?"

_________

When he was BORN, asshat.

See my "Diploid Dave, Zelinda Zygote" article on my blog for some straight talk on this whole "life begins at conception" BS.

http://bgladd.blogspot.com/2008/04/diploid-dave-et-al.html

Friday, June 27, 2008 08:35 AM

Accountability?

"...will almost certainly put an end to any opportunity to find out what Bush's illegal spying entailed and to obtain a judicial ruling as to its illegality. This isn't just another bad bill. It marks a disgraceful end -- a cover-up -- of one of the most extreme Bush lawbreaking scandals (combined with legalization of many of the criminal acts)..."

______

While I agree that HR 6304 is odious and should be resisted all the way, pardon my skepticism that these civil suits would ever yield any real accountability. The Bu'ush administration could simply magically intone "state secrets" at the opportune moment to neuter them, no?

But, why bother when you can get the Democrats to do the work for you in advance?

Friday, June 27, 2008 09:26 AM

@ggratton

"(1) By turning his back on his core supporters, he has proved that he is a centrist intent on cultivating--and deserving--Republican votes. He risks little, since the majority of his supporters will vote for him despite their disappointment."

_________

I may not be one of them. I certainly will not vote for McCain. Barr is only good on civil liberties, and while Nader's "issues" page on his website look great, he's obviously seriously off his meds (if I may talk so "white").

Dunno. Very troubled right now.

But, then, Israel bombs Iran this fall for Bu'ush, and all of this shit is moot.

Friday, June 27, 2008 09:43 AM

@vrse14

I'd had that very thought. Still pissed about "sniper fire" and "hardworking white Americans," though (which were tipping-away points for me).

Fairly despairing these days.

Friday, June 27, 2008 09:48 AM

@omooex

"but can a president pardon someone (or an entity) from something they haven't been charged with, a sort of grandfather pardon?"

__________

Charges need not have been proffered. That was settled by the Nixon pardon challenge. Whether a President can pardon corporate "persons" -- well, we shall see. Given Bu'ush's love of pushing shit to the firewall, I would predict that he will try it.

Friday, June 27, 2008 10:35 AM

@omooex

Glenn and Bobby--call me naive, but...

"was for crimes that hadn't yet been charged."

But that's some crazy, unjustifiable sh@#!.

____________

Another concept yet to be testing is whether a President could pardon someone prospectively, i.e., for crimes not even yet committed, much less charged.

Absurd?

Maybe so, but recall that the presidential pardon is a political act, not a "legal" one.

Friday, June 27, 2008 10:47 AM

"Putting Country Club First"

is more accurate.

Friday, June 27, 2008 06:21 PM

It's now up on Sesame Street

http://www.youtube.com/watch?v=NShgvtEro7I

Thursday, July 3, 2008 10:43 AM

Wow

Great article, Glenn. I hope it has some impact.

Thursday, July 3, 2008 11:18 AM

Let Us Prey

"Amen."

Thursday, July 3, 2008 11:33 AM

@sysprog

"...I would not want my first term consumed by what was perceived on the part of Republicans as a partisan witch hunt because I think we've got too many problems we've got to solve.

So this is an area where I would want to exercise judgment..."

________

Weasel phrases.

"perceived on the part of Republicans"? WTFC what they think? They're gonna scream that lame whine in reaction to any criticism.

Monday, July 7, 2008 11:23 AM

On "Lying"

Re: your update.

See the book "On Bullshit."

Monday, July 7, 2008 11:27 AM

@susan sunflower

Breaking:

“Today, we are looking at the necessity of terminating the foreign presence on Iraqi lands and restoring full sovereignty,” Maliki told Arab ambassadors in blunt remarks during an official visit to Abu Dhabi, capital of the United Arab Emirates.

He apparently didn't get the memo.

Tuesday, July 8, 2008 03:56 PM

Riddle me this

How can it be: the staggering and sustained period of U.S. prosperity and economic growth that ensued post- WWII, notwithstanding the income tax rates of the period that would today be regarding as utterly confiscatory and politically DOA?

Yeah, yeah, blah, blah, blah, "pent-up postwar demand," sure, but we're to believe that there were no "rich" people here back then?

Wednesday, July 9, 2008 10:39 AM

Is HR 6304 "unconstitutional"?

What, precisely, are the unconstitutional provisions in HR 6304? By what clear criteria?

BTW, for those of you who've not read the actual textual detail:

http://www.opencongress.org/bill/110-h6304/text

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