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"It's seems logical to me that if we know there's a phone number associated with al-Qaida or an al-Qaida affiliate and they're making phone calls, it makes sense to find out why," Bush said. "They attacked us before, they'll attack us again."

Who could disagree with that? But by the same token, it's impossible to imagine that the FISA court wouldn't agree with that. Here you've got a phone number associated with al-Qaida or an al-Qaida affiliate, and some calls coming from that number into the USA -- that's probable cause unless "al-Qaida affiliate" or "associated" is being used in a highly misleading way. Obviously, something rather different is going on here.


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Yep, exactly.   To describe the program in that way is to destory its justification.

Since when has logic had anything whatever to do with Bush's utterances?  He says whatever his handlers think will play the best on the evening news.  There is no necessary relation to fact, logic or reality.  So why would we even credit him with TRYING to be truthful?  Though I wouldnt say he lies every time he opens his mouth, I would say that he has complete and total disregard for the truth every time he opens his mouth - If he even knows what the truth is.

Mathew, what do you suppose our old friend Jude would make of this? While troubling in terms of civil liberties, this would gain no traction with a more popular President. I predict this will fizzle.

"While troubling in terms of civil liberties, this would gain no traction with a more popular President. I predict this will fizzle."


And this will likely aid Bush in becoming more popular.  The electoral politics of the issue do not cut our way.


But in terms of fizzling or not, it's important to remember that it's all up to Spector.  If he wants to make something of this, he can.  If he wants to let it drop, he can.

Bush wants to conduct warrantless surveillance, devoid of judicial oversight or public scrutiny -- in other words he wants essentially unlimited discretion. It's no surprise, then, that he also thinks this surveillance will more or less only target bad guys ("al Qaeda or an al Qaeda affiliate"). But if the first proposition makes many or most Americans nervous, not to mention Congress members in both parties, more or less as a matter of common sense, then so too should the second proposition, and for the same reason. Checks and balances are important for a number of reasons, but one is that institutions with complex and competing responsibilities act imperfectly in the real world.

Re: Checks and balances are important for a number of reasons, but one is that institutions with complex and competing responsibilities act imperfectly in the real world.----------
I think that 10 years of 'in your crack' tabloid journalism  has created a naturally honed pathway for violations of civil iiberties, leading to a thriving tabloid market and lawsuits. This is a more pervasive kind of warrantless surveillance. I raise this to highlight the point that this is as much culture and agency. 

How many wrongs make a right?
How many mistaken wiretaps does it take to catch one "for sure" Qaida message?

It is Howard Dean's job to be clearly framing this issue:

Why could you not get a warrant, even afterwards?

And he is not framing the issue.  There is not much we can do without leadership. 

He's lying. Impeach the shrub.

I am amazed.  For years people have been talking about the day when big brother would be watching you.  Everyone of you.  The day comes when we learn that the govenment is actually monitoring all communications enmasse and people start quibbling whether it is justified for our safety.  This is not a case of a few unwarrented taps.  This is about monitoring all communications anywhere in the world, including the US.  The reason the administration did not go to the FISA court for approval is because this is one request that would have been denied.  As in:  "We want to bug and monitor everyone".  Just on a political front.  What if the system is being used to monitor Democratic party actions?  Republican aids broke into Democrat senate computers and pulled info.  Who went to jail?  No one.  Now we are suppposed to take the Republican;s word they are not using this for political advantage.  True or False?  Who knows?  No oneknows because the foxes are guarding the hen house.  If Bush gave an illegal order to monitor people witout warrant and did not follow the laws, then arrest the people doing the spying.  The supervisors, the managers the directors etc.  Impeaching bush is not the point.  Stoping the spying is.  If a criminal boss gives orders to his people to commit crimes the police go after the entire chain.  From bottom to top.  Start at the bottom and work up.  Just because the president gives an order does not make it legal.  In war time if a commander gives an illegal order, a person does not have to obey it.  If he does obey an order that is illegal, the person doing the crime is responsible.  "I was just following orders" won't be a good excuse now anymore than it was in world war II for the Germans.
The just department needs to issue arrest warrents for the people doing the crime.  START THERE.

"It is Howard Dean's job to be clearly framing this issue ... And he is not framing the issue."


Well, thank god for small gifts, then.


Is there anyone on the planet we'd less like to be speaking for us on the topic of national security than Ho-Ho?  I think not.

The just department needs to issue arrest warrents for the people doing the crime.

WHOSE JUSTICE DEPARTMENT?  Gonzalez? Maybe its time for a special  prosecutor , with a budget the Size of Ken Stars

If you think Spectre is your savior, I don't hold out hope. 

As for " Where is Dean" he's still hopelessly strategizing, he's way over his head    

Wow. I mean bloody freakin wow. We've been calling W a moron for so long, it's just breathtaking when we pulls something like this. In a certain, cynical, dangerous, immoral way, the man is a genius. His use of strawmen arguments whenever he's challenged is really pretty amazing (and I'm actually being serious here). His brain seems to just work that way: When confronted, respond angrily to an accusation that's easy to rebut. We all do it from time to time, but the man's facility and imagination in going to that well over and over and over is, well, ingenious. It's also catastrophic that the so-called MSM never calls him on it, of course ...

How many mistaken wiretaps does it take to catch one "for sure" Qaida message?

How many citizens must we torture before we learn anything new about al Qaeda? How many people accused of a crime must we force to testify against themselves before we get a righteous conviction? How many people must we randomly execute before we stop one murder?

Do we really need to consider any such questions? I think just following the bill of rights should be adequate. I understand that doing so reduces the fun Bush is having playing dictator, but isn't the constitution supposed to be important?

It is Howard Dean's job to be clearly framing this issue:

No, that is not Howard Dean's job. His job is nuts and bolts organizing and fund raising. It is our congressional delegation who need to get together and "frame" this issue. That isn't likely to happen for some time - what would be the benefit, unless the Republicans finally decide that the constitution means something? Until the Republicans in the House decide to hold judiciary committee hearings into this, it is a non-starter as in issue. Far too many of our citizens don't believe the constitution applies to the government, especially not to a Republican government and not when that government says we are at war. We are paying the price for neglecting high school civics classes for many generations.

Oh, I think Howard Dean would be a lot better than George W. Bush, Cheney, and everyone in the Cabinet .

I

We are the hollow men
We are the stuffed men
Leaning together
Headpiece filled with straw. Alas!
Our dried voices, when
We whisper together
Are quiet and meaningless
As wind in dry grass
Or rats' feet over broken glass
In our dry cellar

Shape without form, shade without colour,
Paralysed force, gesture without motion;

Those who have crossed
With direct eyes, to death's other Kingdom
Remember us -- if at all -- not as lost
Violent souls, but only
As the hollow men
The stuffed men.

II

Eyes I dare not meet in dreams
In death's dream kingdom
These do not appear:
There, the eyes are
Sunlight on a broken column
There, is a tree swinging
And voices are
In the wind's singing
More distant and more solemn
Than a fading star.

Let me be no nearer
In death's dream kingdom
Let me also wear
Such deliberate disguises
Rat's coat, crowskin, crossed staves
In a field
Behaving as the wind behaves
No nearer --

Not that final meeting
In the twilight kingdom

III

This is the dead land
This is cactus land
Here the stone images
Are raised, here they receive
The supplication of a dead man's hand
Under the twinkle of a fading star.

Is it like this
In death's other kingdom
Waking alone
At the hour when we are
Trembling with tenderness
Lips that would kiss
Form prayers to broken stone.

IV

The eyes are not here
There are no eyes here
In this valley of dying stars
In this hollow valley
This broken jaw of our lost kingdoms

In this last of meeting places
We grope together
And avoid speech
Gathered on this beach of the tumid river

Sightless, unless
The eyes reappear
As the perpetual star
Multifoliate rose
Of death's twilight kingdom
The hope only
Of empty men.

V

Here we go round the prickly pear
Prickly pear prickly pear
Here we go round the prickly pear
At five o'clock in the morning.

Between the idea
And the reality
Between the motion
And the act
Falls the Shadow

For Thine is the Kingdom

Between the conception
And the creation
Between the emotion
And the response
Falls the Shadow

Life is very long

Between the desire
And the spasm
Between the potency
And the existence
Between the essence
And the descent
Falls the Shadow
For Thine is the Kingdom

For Thine is
Life is
For Thine is the

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper.

Why does tpmcafe hate poetry?




Because we have neither judicial nor congressional oversight, we do not know in the first place wether Bush is telling the truth. We do not know what the scope of the program is now or has been, and there have been reports suggesting that NSA intercepts morphed to a much broader scope.

Bush will try to put the matter in the safe hands of Sen Roberts and his Intel Committee. So without leaks, we won't know the truth until such time as the Democrats can retake at least one house of Congress.

Until then, the spin will be as it was today....Don't fret - only evidoers need worry.

The Democrats must avoid debate on these terms.   Bush violated the law; he usurped constitutional powers of congress and the courts; he violated the constitutional rights of US citizens and hs is not telling the truth about what he did or why.



 "Any time you hear the United States government talking about wiretap, a wiretap requires a court order."

Greetings Matt -

One clear implication is that the FISA court could not be trusted to automatically support these extra-super-secret activities, which were consequently legitimized by preemptive executive mandate.

Thus we have the curious scenario wherein the secret FISA court is itself perceived to pose a security risk, having been found guilty of potential future crimes against the administration.

Maintaining secrecy with regards to the FISA court then becomes as imperative as pursuing the originally proposed target of those activities, al-Qaida communications. One may safely assume that al-Qaida partisans of any salt already suspect themselves to be under surveillance ; therefore the party compromised by the leak is the Bush administration itself, in its evasion of the FISA court, the only other party in that secretive loop.

The problem is that people of Islamic faith have ties to relatives etc in middle eastern or Muslim countries. They communicate, I think, like anyone else, in routine ways. Communications to those states is targeted for surveilance. The question becomes how to sift the communications effectively without violation of laws. The fact is there probably isn't a way to do that and serve both the purpose of security and liberty. And how do you determine that a seemingly innocuous communication might actually be a coded conversation? And lastly, if I am a real terrorist, I would find a way to conduct necessary communications without compromising security. Doing so indirectly via links in South America, Latin America, Canada or Asia wouldn't be unreasonable and might be subject to less scrutiny.


And if I can think of these things so can the NSA. Which means they'd have to do a lot more than we might think to have a chance of intercepting critical communications. How broadly might they be searching is anybody's guess. The scope of possibilities is very broad and so too then are the possible infractions that have been untertaken by the administration.


thepeoplechoose

>"It's seems logical to me" 

 

Didn't his bobble head explode when he said this?

Bush has justified warrantless searches as an "important program in a time of war" and has made repeated references to his powers as a wartime president. Are we technically "at war" in Iraq? Is he referring to the war on terror, a nebulous concept analagous to the cold war, which could maintain a state of war - and suspension of constitutionally protected civil liberties - indefinitely.

The question becomes how to sift the communications effectively without violation of laws. The fact is there probably isn't a way to do that and serve both the purpose of security and liberty.

No, the question is how to follow the US Constitution's prohibition of unreasonable searches, and the FISA law which prohibits wire taps without warrants, while gaining as much information as possible within those restrictions. That question didn't interest Bush, so he got his sycophants to gin up a phony constitutionally derived justification for not upholding the US Constitution and US laws as he swore to do when he took office. Now, today, right now, this week, the question is how to get the Republicans in Congress to be patriotic and impeach Bush for violating his oath of office, committing high crimes, and being utterly unwilling to back off.

Is he referring to the war on terror, a nebulous concept analagous to the cold war, which could maintain a state of war - and suspension of constitutionally protected civil liberties - indefinitely.

By Golly! I'll bet that never did occur to Bush - his dream come true - how fortuitous!

Bush is just giving his followers their talking points. As long as nobody asks him how we can be sure he is not spying on Howard Dean, he's winning the news cycles. As long as nobody asks him why he spied on the U.N. before the authorization vote, he's winning the news cycle. As long as reporters and lawmakers go along with Bush's talking points that the only people he spies on are Al Qaeda members, he wins the news cycle. As long as Bush can portray himself as Clint Eastwood fighting the wussy bureaucracy, he wins the news cycle.

All you liberal Democrats need to get a grip.  Bush is not going to get impeached over this.  He is going to serve out his term.  Focus on getting your people elected if you want to change the tone in Washington.  Trying to get back at the Republicans for impeaching Clinton is not smart politics.  There is enough unease with the American people over the machinations of the Republican Party in domestic politics.  FISA is a non-issue that your average, voting American does not understand.  Bush will be able to spin this to make you look like you would rather have America attacked than to let the Feds listen in on phone calls from Al Quada.  No win.  Move on to something of real importance that will sell with the American people.

 I caught the end of Bush saying this on TV.  He looks stressed to the max.  So, Al Qaida, I just want you to know that we are listening to your phone calls and you are not fooling anybody, but, if you don't mind, I wonder if you would please speak English; it would make it a lot easier for us to understand what you are saying and it would make it a heck of a lot easier for ME (with an emphasis on ME and My heroic efforts) to keep America safe from you terrorists?  

"It's seems logical to me that if we know there's a phone number associated with al-Qaida or an al-Qaida affiliate and they're making phone calls, it makes sense to find out why," Bush said. "They attacked us before, they'll attack us again."

The Bush comment that they'll attack us again cannot be proved one way or another.


I suspect that the multiple goals of disrupting the U.S. political system, inducing Constitutional violations of individual liberties and the global perception of democracy have been achieved. OBL has exposed the flaws in our system, only because Bush allowed himself to be suckered. Bush has failed to grasp this is an ideological war and not one that can be fought in a conventional sense. The idea behind violence such as 9/11 or any other is to bring about a modification of behavior. The compromise of our Constitutional freedoms is exactly what OBL wanted to achieve. Bush & Co have been unwitting accomplices in that endeavor. If Bush had strength of conviction in our Constitution and the underlying principles that make it work his abject fear of an enemy could not have made him violate those principles.


thepeoplechoose

The post below is written by georgiagal and is from DailyKos.  She is reference the same source, but has her own take on it.  I think she makes a great point.   When I preview this, it looks awful.  I've done by best to fix it, but I am not good with html. 

<h2>President Bush Tips Off Terrorists </h2&gt<h3 class="byline">by georgia10 </h3&gt<h4 class="date">Sun Jan 01, 2006 at 05:07:05 PM EDT</h4&gtIn an attempt to defend his illegal spying, Bush claims the program is limited in nature:

SAN ANTONIO -- President Bush on Sunday strongly defended his domestic spying program, saying it's a limited initiative that tracks only incoming calls to the United States.
"It's seems logical to me that if we know there's a phone number associated with al-Qaida or an al-Qaida affiliate and they're making phone calls, it makes sense to find out why," Bush said. "They attacked us before, they'll attack us again."

Let's suspend our disbelief for a moment and accept his claim that the program tracked "only incoming calls."  Thank you, Mr. President, for giving Osama the heads up that if he wants to avoid being tracked, he shouldn't call collect.  Sleeper cells across the whole fucking nation just learned how to avoid the program you call "vital" to our national security.  
The President, who decried the leak of generic information about the spying as "shameless" and causing "great harm to the nation," now singlehandedly undermined the effectiveness of his own program. Shameless indeed.

This is why I quit calling 1-800-AlQaeda…Bush can say whatever he wants because any lies he puts forth are protecting our secret WOT programs. I doubt that these intercepts were just tracing of al Qaeda communiqués back to the U.S. It may have been a fishing program of data mining, keyword searching, bugging of American Muslims where no terrorist connection could be made or worse.

The MSM seem determined to spin this as a non-issue. Perhaps the media is acting out of a general guilt for supporting this fear mongering all along. We hear over and over that most Americans will give up civil liberties for protection. I think most people are appalled at the trashing of the Constitution. And, really, it doesn’t matter anyway.

If there were al Qaeda connections, FISA would have approved the spying. If there was some technical hang-up, Congress could have tweaked FISA (secretly even, as with black ops). Obviously, the intent of the program was to circumvent oversight. The bottom line is that the NSA, at the President’s command, has broken the law.

Keep it simple, stupid.  Simply lie.

Yeah, but the core problem is that we are incapable of doing basic intelligence grunt work.  We have a governnment so incompetent that it is busy infiltrating decades old and decades harmless Catholic peace groups in Des Moines but it can't infiltrate a terrorist cell anywhere.   It isn't going to stop a terrorist act by reading all the mail and listening to all the phone calls of everyone everywhere.  Ask them how many fluent Arabic intelligence agents they've put in the field since 9/11. 

I guess it is time for the political cartoon where two guys sitting on logs are playing the card game "Go Fish". One guy labeled 'Congress', or maybe the 'FISA Court' tells the other, Labled 'Bush' to "Go Fish" when he strikes out guessing for a card. "That's good enough for me!", Bush thinks.

We are really talking about a fishing expedition here, not a wire tap. In the future, Bush can simply drop the last word of his newest line: "If somebody from al Qaeda is calling you, we'd like to know why."

In case anyone is wondering, "limited" means "limited in time and space." This might be an improvement for Bush, where he started a war based on unlimited guessing about what the enemy might do.

Hmm, Logical does rhyme with Popsicle.

Wiretaps? Are we applying 1950's terminology that not longer has any meaning or application to modern communications technology?

It is pretty apparent that Al Quada stopped using interceptable communication links at least two years ago. 

Bush's use of the term "wiretap" just doesn't seem to apply to the millions of communications that are intercepted daily.  You can bet that less than 0.00001 % of these are from any sources that wish to cause us trouble. 

Just a smokescreen for the administration's failure to get human intelligence up to speed as radidly as needed to secure Americans. 
The people choose to be safe rather than sorry.  I can't believe some of the outlandish assertations on this string.  OBL has said he wants to destroy us.  We have been attacked multiple times.  I think we need to do something about it.

Here is a question for the participants on this string.  How do you propose that we defend ourselves against terrorism?  Clinton was not able to do squat in eight years and emboldened our enemies.

Audiofile,
Very good points. From reading the stuff here, and in reviewing the concerns of different privacy organizations,  I think it is safe to say that private and public spying on different individuals and groups has been the norm rather than the exception to the norm. Unless we begin to reflect on this feature of culture, I doubt that people will comprehend their toolhood and contributions to this culture, which makes the surveillance the overaching paradigm for the future. And I am quite sure that the potential for quality thought will continue to erode, as that is surely one of the key results of surveillance.  

Re: the question is how to follow the US Constitution's prohibition of unreasonable searches, and the FISA law which prohibits wire taps without warrants, while gaining as much information as possible without those restrictions.-----------
You can't be serious with this question.  Through history, people have managed to this with such ease. Friends and family members who may have a hankering to bend over for any attention or are prone to toolmongering have be used for such purposes. No?  You should read some accounts of those European dynasties, with family members conniving against their own or rival clans. As I said status anxiety can be utilized constitionally. 

To add,
Lack of self esteem and status anxiety are two key traits used by mistrust promoters to achieve their ends:  instill disharmony and suspicion. These traits have served power for centuries. Generally the promoters are either sole operators or belong to a clique or cult of mistrust promoters.  Probably they are work in different domains. It's not always easy to identify them as they are expert at ingratiating themselves to an arena.

Re: How many mistaken wiretaps does it take to catch one 'for sure' Qaida message.-----
As long as individuals/groups raise suspicions about their neighbors, friends, relations, etc. etc. Unquestionably the informational and reputational cascades, as explained by Cass Sunstein, can operate in perverse ways, leading people to become obsessed with other people, for reasons which, often enough, have very little to do with terrorism, in the conventional sense. It may be simply scapegoating, as that was useful in Nazi Germany.

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