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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Karen Lawrence who wrote (301410)9/27/2002 12:25:29 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 769670
 
Oh. OK. So who does TP like who doesn't fit in one of those categories?



To: Karen Lawrence who wrote (301410)9/27/2002 12:54:47 PM
From: Skywatcher  Read Replies (2) | Respond to of 769670
 
Here's another real suprise!
THE NATION
Ashcroft Fights Limits Imposed on Wiretaps
Law: A secretive spy court 'wholly exceeded' its authority when it rejected guidelines on terrorism investigations,
Justice Dept. says.

From Associated Press

WASHINGTON -- The Justice Department aggressively urged an appeals
panel for the nation's secretive spy court to reconsider limits on special
wiretaps for terrorists and spies.

The legal filings, made public Thursday, are part of a fight within the
government to balance new surveillance powers against citizen rights.

In the documents
signed by Atty. Gen.
John Ashcroft, the
government said the
U.S. Foreign
Intelligence
Surveillance Act court
raised "significant
constitutional
questions" when it
rejected some of
Ashcroft's post-Sept. 11 guidelines for terrorism
and espionage investigations.

The May 17 ruling was the first substantial defeat
for the government in the spy court.

The court, charged with overseeing sensitive law enforcement surveillance, was "attempting to impose
rules for the operation of the executive branch and structure the functions of different units with the
executive branch," Justice lawyers wrote in an 80-page brief.

They charged that the spy court "wholly exceeded" its authority and "acted impermissibly by exercising
and undermining ... uniquely executive powers."

Justice lawyers also accused the court of "judicial excesses" by raising questions whether to approve
some secret wiretaps and physical searches, adding that courts generally should defer to the judgment
of the FBI director when he decides that secret surveillance is necessary.

Justice lawyers renewed their arguments that Ashcroft's new guidelines were permitted under the USA
Patriot Act. That law, passed one month after the terrorist attacks against New York and the
Pentagon, made it easier for U.S. investigators to employ secret wiretaps and physical searches under a
1978 surveillance law.

The changes permit such wiretaps when collecting information about foreign spies or terrorists as "a
significant purpose," rather than "the purpose," of an investigation. Critics at the time said they feared
the government might use the change as a loophole to employ espionage wiretaps in common criminal
investigations.

The Justice Department's legal papers, filed Wednesday night, responded to questions raised Sept. 9
by the appeals panel that suggest some skepticism about the Bush administration's arguments.

The appeals judges wanted to know why they should disregard a 1980 ruling requiring government to
show that its "primary purpose" in using a secret wiretap is to collect espionage information, not build a
criminal case.

Justice lawyers argued that such a requirement could allow terrorists and spies to escape the attention
of investigators.

" ...[T]here is a strong argument that the 'primary purpose' test is too strict," Justice lawyers wrote.

"JUSTICE LAWYERS"....AHAHAHAHAHAHAHA
And the July 17th was a victory for JUSTICE.....and a defeat for Ashcroft.....
let's get the record straight
CC