Big spin: spying an error in political judgement (No Bush broke the law)

The ultimate spin:

Posted on Mon, Dec. 26, 2005
Impeachment too far

In authorizing domestic spying, Bush made an error of political judgment. But his action is hardly a crime.

Charles Krauthammer is a columnist for the Washington Post

The year 2005 was already the year of the demagogue, having been dominated for months by the endlessly echoed falsehood that the President "lied us into war." But the year ends with yet another round of demagoguery.

http://www.philly.com/mld/inquirer/news/editorial/13487173.htm



But in truth:

Posted on Mon, Dec. 26, 2005
He's a president, not a monarch
By JOSEPH GALLOWAY
Knight Ridder Newspapers

Snip…

Some legal scholars beg to differ, arguing that the president has violated federal law and has opened himself to impeachment for high crimes and misdemeanors. They contend that he trampled the Constitution in a bid to expand the powers of the executive branch and conduct the war on terrorism.

Snip…

Congress passed the law creating the Foreign Intelligence Surveillance Court precisely because another president, Richard Nixon, bent the intelligence agencies and the entire government to his will in pursuing those he considered his enemies. If you made the Nixon enemies list, your phones were tapped, your comings and goings watched, your tax returns audited.


Snip…

How big a leap is it from ignoring the rule of law in pursuing foreign enemies to pursuing and punishing domestic enemies, those Americans who for political reasons or reasons of principle oppose your aims?

The president, his vice president and his attorney general are saying, essentially, trust us. We won't use our extra-legal powers against ordinary Americans. We just want to protect you from further terrorist attacks. Trust us. We are honorable men who have nothing but your well being at heart.

Sorry. That won't cut it. They have all the legal tools any president needs already on the books for our protection. Congress makes the laws. The judiciary interprets them. The president and all the rest of us live by them.

Joseph L. Galloway is senior military correspondent for Knight Ridder Newspapers.

http://www.dfw.com/mld/dfw/news/opinion/13480323.htm



And the law:


TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1805 Prev | Next

§ 1805. Issuance of order

snip...

(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that—

(1) 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

(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;

he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is 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 such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001805----000-.html

a campaign with the stupid American people through their fake media people to keep people on their side and to keep Congress from exercising its duty. If it succeeds, then our system of government is dysfunctional.

with two stolen elections, a dead lady that politicians fell over themselves to rescue and a hurricane that politicians fell over themselves to not deal with and illegal wiretapping and torture and illegal wars and ......... you get the idea, this government has proven itself remarkably dysfunctional. If this specific instance is your litmus test, have at it, but I think this Rethug controlled government is dysfunctional to the point of psychotic already. This will just be business as usual or as we say in Texas Jes' Bidness like always.

enough spin to make all of us really dizzy for years to come. Unless Congress does the right thing. Less than 10 days ago, I wasn't holding my breath. Now, maybe I am, just a little. I would like to get off the tilt-a-whirl now.

I sent him a note though:

Mr. Krauthammer,

Either you are ignorant of the law, in which case I have appended the applicable regulation for your edification, or you are simply a lying shill for this maladroit administration. Either way, you are entirely incorrect, once again compromising what little remains of your credibility.

TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1805 Prev | Next

§ 1805. Issuance of order

snip...

etc, etc
snip...

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001805----000-.html

Disgustedly,
Acmejack

Concise and to the point.

:thumbsup:

of his claim, which would be a poor opening in a court of law by the way. You wouldn't even get bail with that one.

By that logic if Bush killed Wellstone it also would be an error in political judgment and hardly a crime considering the necessity to act in Iraq and the war on terror.

Also having Kraut tortured until he agreed to go online with this turkey would be an error- if found out- but not if secret and it worked.

There is no if to it. High frequency beams that fry electronics and leave no trace in a plane crash are their favorite way. All Poppy had to do was make a call to his old CIA mafia buddies. Done.

shut the hell up. LIARS.

It is time to use their words against them.

in judgment.

Integrity dismissed.