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April 7th, 2009
In Warrantless Wiretapping Case, Obama DOJ's New Arguments Are Worse Than Bush's
Commentary by Tim Jones
We had hoped this would go differently.
Friday evening, in a motion to dismiss Jewel v. NSA, EFF's litigation against the National Security Agency for the warrantless wiretapping of countless Americans, the Obama Administration's made two deeply troubling arguments.
First, they argued, exactly as the Bush Administration did on countless occasions, that the state secrets privilege requires the court to dismiss the issue out of hand. They argue that simply allowing the case to continue "would cause exceptionally grave harm to national security." As in the past, this is a blatant ploy to dismiss the litigation without allowing the courts to consider the evidence.
It's an especially disappointing argument to hear from the Obama Administration. As a candidate, Senator Obama lamented that the Bush Administration "invoked a legal tool known as the 'state secrets' privilege more than any other previous administration to get cases thrown out of civil court." He was right then, and we're dismayed that he and his team seem to have forgotten.
Sad as that is, it's the Department Of Justice's second argument that is the most pernicious. The DOJ claims that the U.S. Government is completely immune from litigation for illegal spying — that the Government can never be sued for surveillance that violates federal privacy statutes.
This is a radical assertion that is utterly unprecedented. No one — not the White House, not the Justice Department, not any member of Congress, and not the Bush Administration — has ever interpreted the law this way.
Previously, the Bush Administration has argued that the U.S. possesses "sovereign immunity" from suit for conducting electronic surveillance that violates the Foreign Intelligence Surveillance Act (FISA). However, FISA is only one of several laws that restrict the government's ability to wiretap. The Obama Administration goes two steps further than Bush did, and claims that the US PATRIOT Act also renders the U.S. immune from suit under the two remaining key federal surveillance laws: the Wiretap Act and the Stored Communications Act. Essentially, the Obama Adminstration has claimed that the government cannot be held accountable for illegal surveillance under any federal statutes.
Again, the gulf between Candidate Obama and President Obama is striking. As a candidate, Obama ran promising a new era of government transparency and accountability, an end to the Bush DOJ's radical theories of executive power, and reform of the PATRIOT Act. But, this week, Obama's own Department Of Justice has argued that, under the PATRIOT Act, the government shall be entirely unaccountable for surveilling Americans in violation of its own laws.
This isn't change we can believe in. This is change for the worse.
Group: Members
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I want to hear some conservatives make an ass of themselves telling me how we need troops IN Saudi Arabia and that ACORN had even a 1% part in the housing crisis.
That makes for some fun arguing. Who wants to be my Huckleberry.
Oh and LOL at original post. Like you guys suddenly care about wiretapping.
I do. Just like he would kiss someone on the cheek in France or take his shoes off to eat with the Japanese and they would shake our hands like is custom here if they came to America.
I do. Just like he would kiss someone on the cheek in France or take his shoes off to eat with the Japanese and they would shake our hands like is custom here if they came to America.
nah. I watched this shit. At most a little jap style bow, really, Obama is what 6'3''? The King is 5'6''
I do. Just like he would kiss someone on the cheek in France or take his shoes off to eat with the Japanese and they would shake our hands like is custom here if they came to America.
nah. I watched this shit. At most a little jap style bow, really, Obama is what 6'3''? The King is 5'6''
I never seen the video, of course that was a bow. But that is what you do when you meet a King. When you meet a new girlfriend's dad you call him sir no matter what your intentions are. When you go to a gathering, you bow your head when they say grace even though you might be an atheist. Its the polite thing to do.
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From: Fuck-offs anonymous. Charter member
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Apparently it is custom for the US President to not bow to anyone. Also it gives something for Republicans to bitch about, when it probably does our country a bit of good showing a bit of humility. honestly who the fuck cares.
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So do you guys agree with this upcoming amnesty bill that will make all illegals instantly legal?
Do you also agree with his decision to bow in that video, and take his shoes off for the mosques, but refuse to take his hat off in honor of the dead at Omaha Beach? Im sure you do since he's your horse. Is there anything about Obama you guys don't like so far? Be honest with yourselves once.
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QUOTE('MaxDreidel')
You are a narrow minded mongoloid who can't tell the difference between open dialogue about the truth and hate speech.... You are too busy drowning in your chronic case of "privileged white guilt" to even come close to an epiphany about the real world.
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QUOTE(Blue58 @ Apr 10 2009, 06:59 AM)
So do you guys agree with this upcoming amnesty bill that will make all illegals instantly legal?
Do you also agree with his decision to bow in that video, and take his shoes off for the mosques, but refuse to take his hat off in honor of the dead at Omaha Beach? Im sure you do since he's your horse. Is there anything about Obama you guys don't like so far? Be honest with yourselves once.
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Oh thats right, he didnt go! So why didnt he go there? He didn't want to offend Germany, right? Cuz it would be a real shame to honor the men who got absolutely massacred for their our country on the D-DAY invasion because Germany would get offended huh? Fuckin A....
Also, dont dodge my question please There is honestly nothing in your heart that you don't like about Obama? Really?
--------------------
QUOTE('MaxDreidel')
You are a narrow minded mongoloid who can't tell the difference between open dialogue about the truth and hate speech.... You are too busy drowning in your chronic case of "privileged white guilt" to even come close to an epiphany about the real world.
Group: Members
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From: Las Vegas
Member No.: 924
QUOTE(Blue58 @ Apr 10 2009, 07:35 AM)
Oh thats right, he didnt go! So why didnt he go there?
Also, dont dodge my question please
Why didn't he go to Sweden? How come every time he goes to Europe he is accused of dodging something? How come he didn't go to New Orleans last week? I mean, was it Memorial, Veteran's, or D day or something?
Why did you accuse him of refusing to take his hat off like he spit on a grave or something? Is that where you get your political news from?
don't dodge my questions plz ty
As far as the Amnesty for illegal aliens, I have no opinion as I haven't checked my chain mails yet today :wink
Group: Members
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From: Dallas-Fort Worth
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QUOTE(Blue58 @ Apr 10 2009, 08:59 AM)
So do you guys agree with this upcoming amnesty bill that will make all illegals instantly legal?
Do you also agree with his decision to bow in that video, and take his shoes off for the mosques, but refuse to take his hat off in honor of the dead at Omaha Beach? Im sure you do since he's your horse. Is there anything about Obama you guys don't like so far? Be honest with yourselves once.
You guys make me laugh. No one is lied to more than the Hannity clones. I mean you may disagree with Obama and his policies and intentions of light socialism but at least he tells you what is going on, and what he is going to do.
Blue, upcoming amnesty bill? Keep dreaming.
Also gun control...you know what Obama has said about banning semi-automatics? Nothing. Privately it is said that he is against the banning.
Move on to my all time favorite lie on the radio: The "Fairness Doctrine". THis is an idea....that is going no where. Democrats do not support it. A few rogue Dems might but there was a Republican in congress yesterday that wanted Asian people to change their names. There is extremists on both sides.
Difference is you people are ready to believe lies so easily. They keep feeding it to you. You have abandoned scientific method.
OBAMA IS ON THE RECORD AS BEING AGAINST THE FAIRNESS DOCTRINE
THERE IS NO SUPPORT FOR THE BILL
YET YOU MORONS KEEP TALKING ABOUT IT ON THE RADIO
THERE IS NO SUPPORT FOR AN AMNESTY BILL. YET YOU MORONS KEEP TALKING ABOUT IT ON THE RADIO.
Apr 9 2009, 06:51 PM
There is honestly nothing in your heart that you don't like about Obama? Really?
