Saturday, January 07, 2006


I think we should remember that FISA was passed in part as a reaction to NIXON'S DOMESTIC SURVEILLANCE ABUSES. The keyword here is ABUSE. Nixon ABUSED REAL presidential power, (he tried to construe and use powers in a way that was wrong) - HE DID NOT INVENT OUT OF WHOLE CLOTH POWERS THAT THE POTUS DOESN'T CONSTITUTIONALLY HAVE.

The POTUS does have the right and authority to order warrantless searches and seizures of US CITIZENS if the targets are primarily foreign agents. FISA law says this; the FISC has said this; the FISCR itself has ruled on this, (QUOTE: "... the President’s inherent constitutional authority to conduct warrantless foreign intelligence surveillance, ..." ); the SCOTUS has ruled on this; Federal district courts have ruled on this. [These points are from liberal constitutional law professor Cass Sunstein, former Clinton #2 USA AG John Schmidt, and the legal eagles at POWERLINE.]

Nixon's searches and seizures were an ABUSE OF POWER because they targeted: (1) domestic threats who were (2) actually personal political foes of Nixon and NOT real threats to the national security of the USA. Other presidents, the SCOTUS, federal district lower courts, the FISCR and the FISC have all reiterated this point: they have each ruled that the POTUS has the authority to order warrantless searches and seizures if the targets are agents of foreign powers - even if they are US persons or US citizens.

Further buttressing Bush's argument that this NSA intercept program is legal and constitutional is the fact that the AUMF specifically defines al Qaeda (and its affiliates) as a foreign power. If that wasn't enough, federal district courts - since the 1990's - have also determined that, according to FISA, al Qaeda and its affiliates are foreign powers.

THEREFORE, when the POTUS orders programmatic surveillance or intercepts of agents of al Qaeda and its affiliates (even if they are US persons inside the USA) the POTUS is acting constitutionally and in accordance with FISA and the AUMF. The NSA intercepots program, therefore, cannot be described as an abuse of power; it is the correct use of constitutionally and legally defined power by the POTUS.

Those in the Left-wing dominated MSM and Left-wing dominated Democrat party who assail Bush as having committed a Nixonian deed and an impeachable offense in this matter miscontrue Nixon, FISA and the NSA intercepts. In other words: They get it ALL WRONG.

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