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Friday, May 2, 2008 12:00 AM

What backroom conniving are Steny Hoyer and the Chris Carney Blue Dogs up to on FISA?

Emerging reports suggest that House Democrats are on the verge of reversing their only meaningful success since being handed control of Congress.

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Friday, May 2, 2008 07:37 PM

Oh brother.

Why do you come on here each and every day, spew a few lies and absurd theories that are quickly exposed as such, and then retreat back under your rock once you've been sufficiently ridiculed?

Why pose such a ridiculously unserious question? Those that ask real questions without such obvious prejudice get real answers. Come back when you grow up.

Friday, May 2, 2008 08:04 PM

shooter242

Come back when you grow up.

Your failure to admit to and address your deficiencies does not make them go away, wingnut. Your lame attempts at insult do not relieve you of your need to face the issues you have with certain realities, but they do discourage the possibility of your eventual recovery.

Here, let me give a couple of names. These guys are top specialists in deprogramming cult members. Do yourself a favor and make an appointment.

Friday, May 2, 2008 08:35 PM

Camp Pay In

Man, are we in trouble.

It's not the kitchen sink.

It is 2 against 1.

Plus a mostly peekaboo funhouse Press.

And some elected weasels.

Or, (we'll soon see,) maybe a clique of elected weasels.

The word is out; has been out.

The haves made it clear.

They know McCain is shaky and could lose big or small.

From all the disasters uninstantly correctable, it's not the worst outcome to bleed some in November.

On Day 1, they'll start blaming Dems for everything.

They've moved beyond sentimental affection for The Grand, Old Party.

As long as it's ClintonII and not Barak Obama.

Despising her and Bill or not, there's not much hurt if she sets up the Lobby Line on Pennsylvania Avenue.

It won't even be like riding it out. It'll be bidness as usual. She's made that clear. Husband Bill is famous for it.

McCain wouldn't be a feather in the wind against the cartelocracy, and months ago revealed his willingness to submit all for their support, anybody's support. He even got Clinton to endorse him!

Now, they have a shared sham summer gas tax charade plank together.

She went to college and law school, spent 8 years married to a President and will crawl on her knees to save motorists maybe $30 through Labor Day.

No clued Oil Economist advocates for it. It will actually do damage.

Then, she tries to blackmail/bully/intimidate other electeds into kiting it.

McCain, trying to please an audience, guarantees that an energy policy he'll be talking about will eliminate the need to ever go to war again for Oil in the Middle East!

The Supreme Court weakens voter rights.

Robocalls accidentally on purpose attempt voter suppression in N Carolina and Oregon.

But forget all that.

Meredith Viera: (to Michelle, long after Barak nailed it shut)

But, do you feel that Reverend Wright betrayed you?

(Meaning, can i bait you or anger you or fool you into saying anything stupid or nasty which could be replayed for the next 6 months to further obscure your brilliant husband's obviously superior Presidential aptitude and genuinely magnetic charisma and wholesome persona?)

Only Obama winning presents extra difficulty.

If you've paid attention this season, the Press coverage agenda has been reset and locked in.

The disgraceful conduct displayed has almost exclusively come from 1 angle of the remaining triangle.

O'Reilly! Scafe! Limbaugh!

You think they're playing?

It's a strategy.

Chris Matthews:

'He's gotta go back to the 'hood.'

Dan Abrahms: More Reverend Wright.

Oh, now, Reverend Wright. Uh, will 'The Media' let this story go? Well, not on my show...

Friday, May 2, 2008 08:53 PM

12/20/2005: William Kristol and Gary Schmitt explain why FISA is a terrible law but luckily the President needn't follow the law

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/19/AR2005121901027.html

The Washington Post
Tuesday, December 20, 2005; Page A31

Vital Presidential Power
By William Kristol and Gary Schmitt

[...]

Consider the case of Zacarias Moussaoui, the French Moroccan who came to the FBI's attention before Sept. 11 because he had asked a Minnesota flight school for lessons on how to steer an airliner, but not on how to take off or land. Even with this report, and with information from French intelligence that Moussaoui had been associating with Chechen rebels, the Justice Department decided there was not sufficient evidence to get a FISA warrant to allow the inspection of his computer files. Had they opened his laptop, investigators might have begun to unwrap the Sept. 11 plot. But strange behavior and merely associating with dubious characters don't rise to the level of probable cause under FISA.

This is presumably one reason why President Bush decided that national security required that he not simply follow the strictures of the 1978 foreign intelligence act, and, indeed, it reveals why the issue of executive power and the law in our constitutional order is more complicated than the current debate would suggest. It is not easy to answer the question whether the president, acting in this gray area, is "breaking the law." It is not easy because the Founders intended the executive to have -- believed the executive needed to have -- some powers in the national security area that were extralegal but constitutional.

[...]

To engage in demagogic rhetoric about "imperial" presidents and "monarchic" pretensions, with no evidence that the president has abused his discretion, is foolish and irresponsible.

- - William Kristol is editor of the Weekly Standard.
- - Gary Schmitt is a resident scholar at the American Enterprise Institute.

- - The Washington Post, 12/20/2005

Friday, May 2, 2008 08:59 PM

Coleen Rowley, January 5, 2006, in reply to William Kristol et. al.:

http://www.huffingtonpost.com/coleen-rowley/fisa-not-to-blame-for-mou_b_13310.html

Coleen Rowley
FISA Not to Blame for Moussaoui Mess
January 5, 2006

[...] Republican commentators such as William Kristol and Rush Limbaugh claim FISA procedures, and the legal impediments they impose, prevented FBI agents from acting. Consequently, they maintain President Bush is justified in abrogating FISA law to order the NSA to eavesdrop on Americans.

As legal counsel to the Minneapolis FBI Division and witness to the entire Moussaoui case, I can tell you that these assertions are not just factually wrong, they miss the real problems that existed within our intelligence gathering superstructure. I wrote a 13 page memo and testified before Congress on these very failures. Yet, some individuals continue to misapply and misrepresent what I said.

MYTH #1: THE JUSTICE DEPARTMENT DECIDED THERE WAS NOT SUFFICIENT EVIDENCE TO GET A FISA WARRANT TO ALLOW THE INSPECTION OF MOUSSAOUI'S COMPUTER FILES.

No evidence whatsoever was presented at any time to the Justice Department of Moussaoui's suspicious flight training and ties with terrorism. The Justice Department's Office of Intelligence Policy and Review, which handles FISA matters, was never contacted. Furthermore, no contact was made either with criminal attorneys in the Department of Justice or with the U.S. Attorney's Office. Therefore, no decision was ever made by Department of Justice personnel regarding the given evidence and its application to FISA or criminal standards.

In fact, the subsequent intelligence committees' inquiry, Inspector General investigation, and 9-11 Commission all decided that a sufficient connection between Moussaoui and a foreign power (or international terrorist group) DID EXIST to have satisfied the FISA standard. Likewise, criminal prosecutors advised (after the fact) that they would have proceeded forward to seek a search warrant of Moussaoui's belongings based on the information known in August 2001.

As it turned out, faulty interpretations and widely-varying perceptions of FISA procedures, especially what the "FISA wall" entailed, played a big role in the FBI's determination not to contact DOJ, and not to move forward until after the 9/11 attacks occurred. There was also the little problem that the FBI's national security law unit lawyer had not actually read for himself the facts that Minneapolis agents had provided but, instead, had relied upon a short, verbal briefing by the first-line supervisor. When 9-11 happened, however, and it was painfully clear in hindsight that the FBI had botched it, this same lawyer's (the lawyer who had not read it) pronouncement of insufficient probable cause served as a convenient blanket defense to protect all of the underlying governmental incompetence. My 2002 memo punched a hole in that blanket defense and led to some truth being unraveled. The bottom line is that THE FISA LAW ITSELF WAS NOT THE REASON THE FBI FAILED TO INSPECT MOUSSAOUI'S PERSONAL EFFECTS AND COMPUTER FILES. Rather, the faulty interpretations and failure to share and analyze intelligence sufficiently is what enabled Moussaoui to escape further investigation.

MYTH #2: ROWLEY DEPICTED THE LEGAL MECHANISM FOR SECURITY WARRANTS UNDER FISA AS BURDENSOME AND RESTRICTIVE, A VIRTUAL ROADBLOCK TO EFFECTIVE LAW ENFORCEMENT.

It's true that the "FISA wall" problem did play a role in preventing the effective sharing and analysis of information pre 9-11. But to the extent that the "FISA wall" issue was problematic, (and in fact, there is no denying it was a problem, even if it all turned out to be more a problem of misperception and faulty interpretations), it was remedied when the Patriot Act brought down the "wall" shortly after 9-11 that prevented effective sharing of national security intelligence with criminal investigators and/or criminal attorneys. [...]

MYTH #3: THE FISA PROCESS IS NOT QUICK OR FLEXIBLE ENOUGH TO DETECT AND THWART TERRORISTS.

The FISA process has always been a secret process which contains effective emergency provisions. These emergency provisions allow the attorney general enormous power to authorize secret "emergency" electronic surveillance and searches before any court order is granted, or an application is made, for up to 72 hours. No application is even necessary if the surveillance is terminated before the 72 hour "emergency" period ends. In fact, Minneapolis agents were so convinced of the urgency of the situation involving Moussaoui that they requested use of this emergency provision, not the regular FISA process.

Unfortunately, this would have required Attorney General Ashcroft, who had just ranked terrorism as his lowest priority in early August 2001, to appreciate the danger and sign off on the "emergency." And it would have required then FBI Acting Director Pickard to take the emergency request to Ashcroft after he (Ashcroft) had rebuked him (Pickard) earlier that summer, as Pickard testified to the 9-11 Commission, saying "he (Ashcroft) didn't want to hear any more about terrorism." Given these circumstances, FBI Headquarters quickly gave up on Minneapolis' request to seek AG approval for use of this emergency provision.

But myths aside, Moussaoui did not escape inspection because the FISA law was not permissive enough. And with the further changes wrought by the Patriot Act, bringing down the FISA wall and making the FISA process even more permissive, it is certainly not a good argument for Bush to skirt the law now.

- - Coleen Rowley, January 5, 2006

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