tag:blogger.com,1999:blog-10623297.post113525697961386881..comments2023-11-17T06:40:12.183-06:00Comments on Don Singleton: Judges on Surveillance Court To Be Briefed on Spy ProgramUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-10623297.post-1135280431527472822005-12-22T13:40:00.000-06:002005-12-22T13:40:00.000-06:00What do I know that the FISA Court does not know? ...What do I know that the FISA Court does not know? What's the hype? Apparently I know more. <BR/><BR/>My legal opinion on the surveillance scandal that is currently all over the media is below. <BR/><BR/>ISSUE: Is Bush doing something wrong, illegal, or unconstitutional?<BR/><BR/>Many legal issues can go either way, but apparently Bush has done nothing wrong (unless most other Presidents have done the same wrongs). The President apparently has inherent authority to conduct warrantless searches in order to obtain foreign intelligence information. <BR/><BR/>There are three pieces of research posted below that indicate that Bush has done nothing wrong (in re. surveillance). None of the sources cited below are binding authority and provide an absolute vindication but they are very persuasive and will ultimately lead to an absolution of any wrongdoing (in re. surveillance). <BR/><BR/>This information was NOT difficult to find and is not hidden in secret databases. The research shows such compelling support for Bush's position that the "consitutional experts" that keep getting cited in the media should be called out as idealogical hacks because they should know better and should not be hyping this scandal as something that could lead to impeachment. <BR/><BR/> Only through real debate and not idealogical rantings can we possibly get to the truth.<BR/><BR/><BR/>RESEARCH:<BR/><BR/>1st: Check out the only reported case to come out of the Foreign Intelligence Surviellance Court (In re. Sealed Case, 310 F.3d 717 (2002)).<BR/><BR/>In pertinent part is reads"...The Truong court (United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir.1980))., as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. FN26 It was incumbent upon the court, therefore, to determine the boundaries of that constitutional authority in the case before it. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power..."<BR/><BR/><BR/>2nd: Check out President Carter's executive order at http://www.fas.org/irp/offdocs/eo12139.htm<BR/><BR/>In pertinent part President Carter's executive order states that "... the Attorney General<BR/> is authorized to approve electronic surveillance to acquire foreign<BR/> intelligence information without a court order..."<BR/><BR/>3rd: Check out President Clinton's executive order at http://www.fas.org/irp/offdocs/eo/eo-12949.htm<BR/><BR/>In pertinent part, President Clinton's executive order states that "...the<BR/>Attorney General is authorized to approve physical searches, without a<BR/>court order, to acquire foreign intelligence information for periods of<BR/>up to one year..."Anonymousnoreply@blogger.com