Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

MNBrewer

(8,462 posts)
Sun Jun 16, 2013, 12:35 PM Jun 2013

Just because it's "legal" doesn't mean it's not an abuse of power

http://ozhouse.org/2013/06/12/senator-russ-feingold-correctly-predicted-how-the-patriot-act-would-be-abused/

Before there were Senators Ron Wyden and Mark Udall speaking out against the Patriot Act, the FISA Amendments Act and secret interpretations of the law that take away our civil liberties, there was Senator Russ Feingold — the only Senator who voted against the Patriot Act at the beginning. At the time, he clearly warned what it would lead to:

"One provision that troubles me a great deal is a provision that permits the government under FISA to compel the production of records from any business regarding any person, if that information is sought in connection with an investigation of terrorism or espionage. Now we’re not talking here about travel records pertaining to a terrorist suspect, which we all can see can be highly relevant to an investigation of a terrorist plot. FISA already gives the FBI the power to get airline, train, hotel, car rental and other records of a suspect.

But under this bill, the government can compel the disclosure of the personal records of anyone – perhaps someone who worked with, or lived next door to, or went to school with, or sat on an airplane with, or has been seen in the company of, or whose phone number was called by — the target of the investigation.
And under this new provisions all business records can be compelled, including those containing sensitive personal information like medical records from hospitals or doctors, or educational records, or records of what books someone has taken out of the library. This is an enormous expansion of authority, under a law that provides only minimal judicial supervision.

Under this provision, the government can apparently go on a fishing expedition and collect information on virtually anyone. All it has to allege in order to get an order for these records from the court is that the information is sought for an investigation of international terrorism or clandestine intelligence gathering. That’s it. On that minimal showing in an ex parte application to a secret court, with no showing even that the information is relevant to the investigation, the government can lawfully compel a doctor or hospital to release medical records, or a library to release circulation records. This is a truly breathtaking expansion of police power."
33 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Just because it's "legal" doesn't mean it's not an abuse of power (Original Post) MNBrewer Jun 2013 OP
An "abuse of power" ProSense Jun 2013 #1
Cut the nonsense, please magellan Jun 2013 #2
Please ProSense Jun 2013 #6
You obviously don't bother reading magellan Jun 2013 #23
Seems ProSense Jun 2013 #25
Your bias is showing. enlightenment Jun 2013 #30
FFS magellan Jun 2013 #31
more and more when I read your posts, I am reminded of cali Jun 2013 #4
. ProSense Jun 2013 #7
not really shocking warrior1 Jun 2013 #8
Just because it's legal doesn't mean it's Constitutional. TalkingDog Jun 2013 #3
In my book, un-Constitutional is illegal. backscatter712 Jun 2013 #5
If our current laws allow for this kind of activity then how can it be abuse of power?? DCBob Jun 2013 #9
of course something can be legal and an abuse of power cali Jun 2013 #10
They were wrong but they were law of land back then. DCBob Jun 2013 #11
A legal abuse of power MNBrewer Jun 2013 #13
how do you prosecute something like that? DCBob Jun 2013 #14
I just said it was an abuse of power, NOT that that it was a crime. MNBrewer Jun 2013 #15
But if its a true "abuse of power" it means an actual violation of some law or regulation. DCBob Jun 2013 #16
It's always an opinion whether it's an "abuse" of power MNBrewer Jun 2013 #17
okay.. so I disagree with your opinion... DCBob Jun 2013 #18
The whole security apparatus is abusing its power!!! MNBrewer Jun 2013 #19
ok, I got it. thats your opinion. DCBob Jun 2013 #20
You're OK with secret laws, I take it? MNBrewer Jun 2013 #21
ooooohh.. "secret laws"... that sounds scary. DCBob Jun 2013 #22
I'll put you down as a "yes" MNBrewer Jun 2013 #24
put me down as "I dont know WTF you are talking about". DCBob Jun 2013 #26
Well, this MNBrewer Jun 2013 #28
If laws cannot be examined or challenged in court truebluegreen Jun 2013 #29
Because it's Unconstitutional. TalkingDog Jun 2013 #32
Who says? DCBob Jun 2013 #33
It's that simple and yet the apologists for our government's "legal" action Cleita Jun 2013 #12
K & R !!! WillyT Jun 2013 #27

ProSense

(116,464 posts)
1. An "abuse of power"
Sun Jun 16, 2013, 12:43 PM
Jun 2013
Under this provision, the government can apparently go on a fishing expedition and collect information on virtually anyone. All it has to allege in order to get an order for these records from the court is that the information is sought for an investigation of international terrorism or clandestine intelligence gathering. That’s it. On that minimal showing in an ex parte application to a secret court, with no showing even that the information is relevant to the investigation, the government can lawfully compel a doctor or hospital to release medical records, or a library to release circulation records. This is a truly breathtaking expansion of police power."

...would mean the Government is doing something illegal or unethical.

It would be unethical if the government alleged terrorism to get an order, but that means it applies to a specific incident.

In the context of what is being alleged, the action would be illegal. It is illegal to target Americans.

Another misleading media report implies that warrantless wiretapping is legal.
http://www.democraticunderground.com/10023026724

magellan

(13,257 posts)
2. Cut the nonsense, please
Sun Jun 16, 2013, 12:56 PM
Jun 2013

The 1978 FISA stipulated that the primary purpose of the surveillance must be for gathering foreign intelligence. The Patriot Act changed the word primary to significant. That change means that the government can conduct surveillance for purposes other than gathering foreign intelligence, as long as some foreign intelligence gathering is included.

I don't know how anyone could argue that the sweeping domestic surveillance this allows isn't unethical. But then, I'm not invested in protecting a party.

ProSense

(116,464 posts)
6. Please
Sun Jun 16, 2013, 02:41 PM
Jun 2013

"The 1978 FISA stipulated that the primary purpose of the surveillance must be for gathering foreign intelligence."

...stop spewing nonsense. No one is disputing that the primary purpose is "gathering foreign intelligence." I mean, it's called the "Foreign Intelligence Surveillance Act."

As for your other claim, become familiar with the Act.

Title 1---Electronic Surveillance Within the United States for Foreign Intelligence Purposes
http://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/STATUTE-92-Pg1783.pdf

magellan

(13,257 posts)
23. You obviously don't bother reading
Sun Jun 16, 2013, 03:19 PM
Jun 2013

Was primary. Now only significant. Big legal loophole. But you go right on trying to defend your god when this has nothing to do with personality.

ProSense

(116,464 posts)
25. Seems
Sun Jun 16, 2013, 03:22 PM
Jun 2013

"But you go right on trying to defend your god when this has nothing to do with personality."

...you forgot the point was about FISA and its original intent. Your bias is showing.

magellan

(13,257 posts)
31. FFS
Sun Jun 16, 2013, 04:31 PM
Jun 2013

The change in wording the Patriot Act made to FISA, from the gathering of foreign intelligence being the primary objective of surveillance to it only having to be a significant part, is where the loophole was created and exploited.

Not sure where you think my bias is. Obama didn't create the Patriot Act. I have no doubt the language was loosened by Bush** and the Republicans.

 

cali

(114,904 posts)
4. more and more when I read your posts, I am reminded of
Sun Jun 16, 2013, 02:38 PM
Jun 2013

Hannah Arendt's phrase, "the banality of evil".

TalkingDog

(9,001 posts)
3. Just because it's legal doesn't mean it's Constitutional.
Sun Jun 16, 2013, 02:33 PM
Jun 2013

Laws are deemed Unconstitutional every day.

Screw arguing legality. That's a red herring.

backscatter712

(26,355 posts)
5. In my book, un-Constitutional is illegal.
Sun Jun 16, 2013, 02:39 PM
Jun 2013

These are illegal laws, providing a fig leaf for illegal acts that stand in direct violation of the Fourth Amendment to the Constitution, which is the supreme law of the land. All other laws that contradict the Constitution are invalid.

DCBob

(24,689 posts)
9. If our current laws allow for this kind of activity then how can it be abuse of power??
Sun Jun 16, 2013, 02:50 PM
Jun 2013

Its legal, laws are being followed, where's the abuse of power?

 

cali

(114,904 posts)
10. of course something can be legal and an abuse of power
Sun Jun 16, 2013, 02:53 PM
Jun 2013

you don't think that Jim Crow laws weren't an abuse of power?

DCBob

(24,689 posts)
11. They were wrong but they were law of land back then.
Sun Jun 16, 2013, 02:56 PM
Jun 2013

You can't prosecute over something that will be illiegal in the future.

MNBrewer

(8,462 posts)
15. I just said it was an abuse of power, NOT that that it was a crime.
Sun Jun 16, 2013, 03:02 PM
Jun 2013

It's LEGAL abuse of power.

If legal, that is. We don't really know because of all the classified interpretations the government is using to justify its abuses.

Edited to say NOT in the title.

DCBob

(24,689 posts)
16. But if its a true "abuse of power" it means an actual violation of some law or regulation.
Sun Jun 16, 2013, 03:04 PM
Jun 2013

otherwise its only an opinion.

DCBob

(24,689 posts)
18. okay.. so I disagree with your opinion...
Sun Jun 16, 2013, 03:07 PM
Jun 2013

if you are saying President Obama is abusing his power.

MNBrewer

(8,462 posts)
19. The whole security apparatus is abusing its power!!!
Sun Jun 16, 2013, 03:10 PM
Jun 2013

The president is one piece of it. Congress is complicit as well.

 

truebluegreen

(9,033 posts)
29. If laws cannot be examined or challenged in court
Sun Jun 16, 2013, 03:48 PM
Jun 2013

because no one knows how they are being applied, they can simultaneously be "legal" (there is a law) and unconstitutional (a bad one).

That is exactly the point in all this, the secrecy.

Cleita

(75,480 posts)
12. It's that simple and yet the apologists for our government's "legal" action
Sun Jun 16, 2013, 02:59 PM
Jun 2013

keep trying to spin that the Patriot Act is okay after all. It's legal and all is well in the land of ostriches with their heads in the ground.

Latest Discussions»General Discussion»Just because it's "legal"...