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AmProg"The Truth About Bush's Warrantless Spying" (& Gonzo planned to LIE)

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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:32 AM
Original message
AmProg"The Truth About Bush's Warrantless Spying" (& Gonzo planned to LIE)
This masterful American Progress compilation on Spygate and who said what and what it all means is not to be missed. Go to the original - it has dozens of links embedded in the text, documenting key statements. It's here:
http://www.americanprogressaction.org/site/apps/nl/newsletter2.asp?c=klLWJcP7H&b=917053

Here is the introductory paragraph and list of section titles, each of which is followed by a densely written paragraph with multiple documenting links. The introductory paragraph, for example, has nine such links. Again, I urge you to go to the original - it's a fine way to keep the facts straight on this historic controversy. With all the lies spewed by Bush and his enablers, this is a real help.


NATIONAL SECURITY

The Truth About Bush's Warrantless Spying


On Saturday, President Bush acknowledged that he had personally authorized a secret warrantless domestic surveillance program more than three dozen times since October 2001. Bush's actions run contrary to the Fourth Amendment to the U.S. Constitution, which forbids "unreasonable searches" and sets out specific requirements for warrants, including "probable cause." They demonstrate a dangerous disregard for the basic liberties that serve as our nation's guiding values. They are also in violation of federal law. The Foreign Intelligence Surveillance Act (FISA) makes it a crime, punishable by up to five years in prison, to conduct electronic surveillance, except as "authorized by and conducted pursuant to a search warrant or court order." Moreover, since 1978, 18 U.S.C. Sec. 2511(2)(f) has directed that Title III and FISA "shall be the exclusive means by which electronic surveillance...and the interception of domestic wire and oral communications may be conducted." The President's actions were not necessary; if he had legitimate concerns about FISA, "the appropriate response would have been to go to Congress and expand it, not to blatantly violate the law."

Below, we debunk the administration's attempts to justify Bush's actions.

FACT: BUSH PROGRAM WOULD NOT HAVE PREVENTED SEPTEMBER 11 ATTACKS:
(snip)

FACT: BUSH PROGRAM DID NOT IMPROVE SPEED OF OBTAINING WARRANTS:
(snip)

FACT: DISCLOSURE OF PROGRAM DID NOT UNDERMINE NATIONAL SECURITY:
(snip)

FACT: RICE UNABLE TO EXPLAIN WHAT GAVE BUSH AUTHORITY TO EAVESDROP WITHOUT WARRANT:
(snip)

FACT: SOME CONGRESSIONAL INTELLIGENCE OFFICIALS NOT TOLD OF PROGRAM:
(snip)

FACT: IN CONFIRMATION HEARING, GONZALES DENIED BUSH WOULD ACT BEYOND CRIMINAL STATUTES:
(snip)


For me, at least, the last of these topics was news - Gonzales was asked at his confirmation hearings in 2005 about exactly this kind of extra-legal operation. This was a time when the spying operation, the secret prisons, and who knows what else were already ongoing, and surely Gonzales knew all about them. Gonzales' response to Sen. Russ Feingold demonstrates clearly that he planned to LIE:

(again, go to the original - it has three embedded links)

FACT: IN CONFIRMATION HEARING, GONZALES DENIED BUSH WOULD ACT BEYOND CRIMINAL STATUTES:

In a classified legal opinion, the administration argued the President had the power to order the warrantless search pursuant to his authority as commander-in-chief to wage war against al-Qaeda. During his Attorney General confirmation hearings in January 2005, Sen. Russ Feingold (D-WI) asked Gonzales specifically whether the president "at least in theory the authority to authorize violations of the criminal law under duly enacted statutes simply because he's commander in chief?" After trying to dodge the question for a time, Gonzales issued this denial: "Senator, this president is not — I — it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes." Later, Feingold asked Gonzales to "commit to notify Congress if the president makes this type of decision and not wait two years until a memo is leaked about it." Gonzales replied, "I will advise the Congress as soon as I reasonably can, yes, sir."


Oh, I'm sure he would parse this to death, but it sure looks to me like Gonzo lied to the Senate under oath during his confirmation hearings and planned to continue to lie to Congress forever after.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:45 AM
Response to Original message
1. Another piece: BUSH KNEW HE WAS BREAKING THE LAW:
Edited on Tue Dec-20-05 02:46 AM by Nothing Without Hope
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5643625
thread title (12/20 GD): April 2004: Bush tells audiences Wiretaps Require a Court Order

This is an amazing find. Brief excerpt - be sure to go to the original and also vote up the thread (mine was only the 2nd vote):


THE PRESIDENT: Let me -- that's a great question. A couple of things that are very important for you to understand about the Patriot Act. First of all, any action that takes place by law enforcement requires a court order. In other words, the government can't move on wiretaps or roving wiretaps without getting a court order.

Now, we've used things like roving wiretaps on drug dealers before. Roving wiretaps mean you change your cell phone. And yet, we weren't able to use roving wiretaps on terrorists. And so what the Patriot Act said is let's give our law enforcement the tools necessary, without abridging the Constitution of the United States, the tools necessary to defend America.



This was part of a Q & A session in April, 2004.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 03:16 AM
Response to Reply #1
5. This important find from April 2004 suggests that the main reason why
Bush wanted to shut down the NYT article on warrantless spying...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5641346
thread title (12/19 GD): BREAKING: SHRUB MET WITH NYT EDITORS IN LAST-DITCH EFFORT TO STOP SPYGATE

...was indeed to SAVE HIS SORRY ASS because he KNEW he was breaking the law and his oath of office - just as many have suggested.
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Oversea Visitor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 04:10 AM
Response to Reply #1
6. Gee
He very very screwed
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Beam Me Up Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:52 AM
Response to Original message
2. Great Stuff NWH, Thanks!
There is just SO MUCH to read right now, can hardly keep track of it all.
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 08:08 AM
Response to Reply #2
14. SOOO much to read
I need a spare brain to keep track of everything.

Thanks NWH for sharing these articles with us!
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:56 AM
Response to Original message
3. lemme see if i got this math right...
Uh, whereas...
"The Foreign Intelligence Surveillance Act (FISA) makes it a crime, punishable by up to five years in prison, to conduct electronic surveillance, except as "authorized by and conducted pursuant to a search warrant or court order."


and...
"On Saturday, President Bush acknowledged that he had personally authorized a secret warrantless domestic surveillance program more than three dozen times..


then 36 counts, all convictions, times 5 is 180 years.

Holy Shit George--you're never going to see the outside again!
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:27 PM
Response to Reply #3
20. The entire administration engaged in this conspiracy to violate,...
,...the laws of this country. They should each get 180 years in prison!!!

I am so damned sick of the all these abuses of power!!! It's mind-boggling! This regime has betrayed, violated and exploited the United States of America! Why the hell are they allowed to stay in power over our country?

Crazy. Crazy.
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me b zola Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 03:02 AM
Response to Original message
4. Mind numbing
After we run these criminals out of the WH I hope The Hague will assist them with all of the spare time on their hands.

Recomended.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 04:56 AM
Response to Original message
7. For writings by and commentaries on John Yoo's imperial view of the POTUS,
see the links in this thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5643999
Thread title (12/20 GD): New LAT op/ed from JOHN YOO, the legal enabler of the IMPERIAL BUSH

What Bush is claiming as his power to do anything he wants, law or not, is really based on Yoo's opinions, especially starting with the infamous 2001 Yoo Memo. We need to know and understand them to be able to more easily predict and rebut the logic in the assertions of dictatorial presidential powers.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:36 AM
Response to Reply #7
11. John Yoo's legal memos told Bush he could do ANYTHING -
Edited on Tue Dec-20-05 06:38 AM by Nothing Without Hope
declare war without the permission of Congress - indeed, he claimed that the President has the SOLE ability to declare war. He also was the major author of the infamous serious of memos telling Bush he could set aside the Geneva Conventions, as described in the New Yorker excerpt in the John Yoo thread - see Reply #2 in this thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5643999
Thread title (12/20 GD): New LAT op/ed from JOHN YOO, the legal enabler of the IMPERIAL BUSH

OF COURSE something as paltry as warrantless wiretaps was not an issue at all. Yoo is coy about the specifics of his role in that, but after telling Bush he can declare war all by himself and ignore the Geneva Conventions at his whim, hey, what CAN'T Bush do?

Yoo is a former clerk of Clarence Thomas and member of the Federalist Society - and his legal views have been shown to be fundamentally WRONG. But he told Bush what he wanted to hear, so all law and decency was gladly ejected from discussion.
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:31 PM
Response to Reply #11
21. The Federalist Society should be renamed The Dictatorship Society.
They believe a president (except a Democratic one, of course) should have more power than the other branches. That's called a dictatorship.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 05:57 AM
Response to Original message
8. Kick for what's left of the night n/t
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:19 AM
Response to Original message
9. k & r....
If this is allowed to stand, then we do have a dictator. America is dead.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:28 AM
Response to Original message
10. Maybe Torquemada meant, "This president has no policy or
agenda. In fact, he still eats at the kids' table!"

Great analysis!

K & R
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 07:05 AM
Response to Original message
12. K & R n/t
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ClayZ Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 07:15 AM
Response to Original message
13. Kick and Recomend!
:kick:
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 10:26 AM
Response to Original message
15. I doubt the monitoring was limited to international communications.
Edited on Tue Dec-20-05 10:27 AM by Warren Stupidity
Since this story broke we have learned that this isn't really about traditional wiretapping, it is about the NSA's echelon system, which basically consumes vast amounts of communications and processes it through a massive computer database system to search for 'stuff'. It is wholesale monitoring and does not resemble the traditional wiretap at all. This explains why the FISA court system was not used - nothing they are doing could possibly qualify for a warrant.

The next item in their bullshit list is the explanation that the only monitored communications were from 'terror suspects' making international phone calls. The problem with that explanation is that they already have the capacity to do this, and already do it through an 'exchange program' with various other security agencies (UK AUS NZ). Their guys listen in on our internationl communications, we listen in on theirs, we exchange information on stuff of interest, nobody breaks their own domestic bans on monitoring their citizens. We spy on the Brits, the Brits spy on us, and through the quid pro quo we all spy on all of our citizens as they perform international communications.

So the point is that the Bush administration is monitoring domestic communications using an Echeon type system. They already had international Echelon monitoring. They already had the ability through FISA to perform traditional wiretaps on domestic communications. They didn't go out and break the law here for something they already had, they broke the law for something they didn't have that they thought would be of great value to them. Note also that this program has continued since 9-11, that there have been no major terrorist arrests inside the US, and that the potential for political abuse of such a system is enormous.
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bonito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 01:00 PM
Response to Reply #15
17. This smacks of nothing but political spying
For the benefit of this administration.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:19 PM
Response to Reply #15
19. yes, exactly. See my reply (#18) below, which I wrote before I read this.
I'm predicting that in addition to watching any planning by political opponents and random "dissenents" who dare to object to the Bush Administration anywhere in the country, this system is also intended to collect BLACKMAIL data for keeping "friends" and enemies in line.
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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 11:36 AM
Response to Original message
16. WHERE oh where is the Corporate Media with a FACT check???
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:34 PM
Response to Reply #16
22. The whoremedia factcheck algorithm
1. check the fax machine for the talking points.
2. if total moron: repeat points as written; else use 8th grade plagerism skills to make them your own.
3. check to make sure no new fax has arrived.
4. repeat until retirement.

'liberal' pundit-whore algorithm:
1. check fax machine for the talking points.
2. do not research the validity of any point mentioned.
3. think of ways to set up each talking point.
4. toss out setup lines for your 'conservative' pundit-whore colleague.
5. act surprised, dumbfounded, when talking point is uttered.
6. repeat as needed until retirement.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:13 PM
Response to Original message
18. We also need to make it clear: this is likely to be wholesale monitoring
Edited on Tue Dec-20-05 02:15 PM by Nothing Without Hope
on a massive scale, not selected wiretaps:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5639121
thread title (12/19 GD): The media must learn the difference between a wiretap and "Echelon."

Thus - another reason they didn't ask for a warrant - it's blatantly unconstitutional! You KNOW it is mostly politicallly-motivated spying intended to protect and entrench the neocons and the Bushies.

But besides places like Quaker meeting houses and groups that dare to be concerned about the environment, here's my prediction:

I predict that this spying program is also directed at getting blackmail information to use on political enemies and to keep administration supporters in line.


Didn't you ever wonder sometimes why they all support King George so assiduously? What's he got on them? Helooooo Jeff Gannon! And that love nest suite of Cunningham's with the "extra bedrooms" - where there is political prostitution, there is sure to be blackmail. Bribery (not just money, but proximity power and favors), threats and blackmail are the stock in trade of a criminal organization like this.
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 02:34 PM
Response to Reply #18
23. I have no doubt they are culpable enough to engage in blackmail,...
,...and bribery via the utilization of their secret spying gig.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 03:39 PM
Response to Original message
24. kick - see AUDIO and VIDEO links by liveoaks on Bush saying that a
court order is required by law for wiretapping in the replies to this thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5644904
thread title {12/20 GD): Bush 04: We only wiretap with warrants

it's the second dupe on the topic, but it's on the Home Page, doubtless because of the priceless links to audio and video posted by liveoaktx in the replies.

Oh yes, Bush knew very well that he was breaking the law. And Gonzales lied about this under oath during his Senate confirmation hearings.

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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 05:19 PM
Response to Reply #24
26. Liveoaktx has also started a thread about VIDEO of Bush's lies about
warrantless spying:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5646915
thread (12/20 GD): VIDEO-April 2004 Bush Court Orders Versus Dictator/King

A must-see. Let's hope to see it on TV too.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 04:06 PM
Response to Original message
25. kick n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:23 PM
Response to Original message
27. Even CONSERVATIVE legal scholars say Bush's warrantless wiretapping is
an impeachable offense:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5648984
thread title (12/20 GD): Conservative Scholars Argue Bush’s Wiretapping Is An Impeachable Offense

No wonder he's tried to keep it secret.
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:46 PM
Response to Original message
28. kick n/t
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 08:11 PM
Response to Original message
29. kick in the evening . . . . n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 11:53 PM
Response to Reply #29
30. thanks, annabanana! n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-21-05 01:30 AM
Response to Original message
31. kick n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-21-05 04:59 AM
Response to Original message
32. kick n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-21-05 03:50 PM
Response to Original message
33. kick n/t
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-21-05 10:39 PM
Response to Original message
34. Wed. Night kick for visibility... Everytime ANYone trots
Gonzales out as any kind of a real atty gen.. Please remind them of the above.
He has always been houseboy for the BFEE
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