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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: geode00 who wrote (198426)8/21/2006 7:08:50 PM
From: TimF  Read Replies (1) | Respond to of 281500
 
Spying within the US

On overseas conversations to suspected foreign agents.

At least that's all that has been established. Bush may have gone beyond this, in that case you have a much better argument, but first you have to prove it.

So now you're going to define 'war' as a shooting war? Then the Cold War wasn't a war and the war against terrorism, when there is no American shooting at a terrorist isn't a war.

The moment in between shots isn't "peace".

I thought War was declared by Congress.

Korea and Vietnam were wars.

Bush's argument about wiretapping without warrants is clearly nonsense. If he could do so, if anyone could do so then why bother with warrants at all?

If you can comply with the law and get everything you want done, its easier to do that than to go through a big constitutional argument about the law.

Another reason to bother with FISA, is that even if the president properly has the constitutional authority to wiretap without FISA approval, the FISA court could be considered a reasonable check on the president.

If a president thinks that FISA is getting in his way, and he thinks the check isn't needed than he might go around FISA. Having done so, Bush now has a big fight on his hand about the limits of his power. Other presidents may have chosen to avoid the fight (or they may have kept their secrets better than Bush did).