Kicking Ass: The Democratic Party's Blog

Bush Administration Says Warrantless Eavesdropping Cannot Be Challenged

Posted by Michael Link on August 14, 2007 at 10:39 AM

A U.S. appeals court is reviewing the legality of the Bush administration's Warrantless Eavesdropping Program, but the administration is now attempting to claim that the courts "must dismiss the cases" because they expose "national secrets."

Wired reports that two senior Justice Department officials speaking on condition of anonymity claimed that the Bush administration will invoke "the so-called 'state secrets privilege' in arguing that the 9th U.S. Circuit Court of Appeals must dismiss the cases because they threaten to expose information authorities say is essential to the nation's security."

As you might remember, last year a court ruled that the program was unconstitutional and otherwise illegal. Later, a court panel decided that those bringing the case didn't have the standing to do so, and decided not to rule on the merits of the case.

All of this appears to be a move away from the original Bush administration arguments that the program is legal due to the president's "well-recognized inherent constitutional authority as Commander in Chief." While they do not dispute that, instead they appear to be trying to win their case by avoiding any sort of ruling on the legality of the program.

Comments (36) «

The Bush crime family now wants the courts to agree that their "illegal activities" are synnomous with state secrets?

To me that is an admission of guilt.

In another time and place in American history, the whole pack of them would be indicted by the DOJ and a jury of the American people would decide their fate.

Today the fourth branch of the federal govenment tells the courts how they should operate...and the Roberts Court capitulates. The fix is in. It's obvious that a few SCOURT justices need to be impeached.

Congress needs to exercise their Constitutinal responsibilities in maintaining the separation of powers.

1
SandyH on August 14, 2007 at 11:44 AM

They'll have a problem with this defense as in this case, the party has to prove that they have been harmed,(which has been done) and that it was as a result of wire tapping (which I understand has also been proved) or at least they have the NSA log. The log was sent to the plaintiffs lawyers by mistake and they were ordered to return it but, and this is good, the judge has allowed the plaintiffs to testify by memory.

2
Michigan_Dave on August 14, 2007 at 12:16 PM

I beg to differ because warrantless wiretapping violates the Constituition. You can't go after someone without an warrant period. Bush has no idea of what he is talking about. This is exactly why the American people need to be smarter when they elect the President or we get power-crazed psychopaths like Bush and Cheney in charge.

3
Darien on August 14, 2007 at 12:47 PM

Well you guys voted to give him that power before you went on August break.

4
SL600AMG on August 14, 2007 at 02:18 PM

The more illegal stuff that is found, the more our elected officials screw up and protect Bush instead of fixing the problem.....what is wrong with us? The way we are going, Pelosi and crew will give away the United States to Bush and his croanies before we even get a chance to vote them out of office (that's while the senate chases its tail ignorant to all).

5
davesback on August 14, 2007 at 02:53 PM

Unfortunately, I don't think all of the illegal activities are going to end any time soon.

Despite all of the cries for help, no one in the American public, in my eye, is standing up to do a thing. Even with all the rallies, it's just not enough. Not even people rallying for the Democrats are getting through, what with all the failing calls to impeach Bush, and such...

6
Foxwood on August 14, 2007 at 03:38 PM

davesback, the only thing wrong with your comment is that you put it in the future tense instead of the past. It has already happened.

The Dems' only problem with the wholesale hijacking of the Constitution by the Reps is that the other side gets all the toys. They are not willing to act to remove the toys, because they expect to be the ones playing with them after 2009.

The great part is, when it comes to granting rights to ordinary Americans, the right talks about "original intent" and "strict constructionism." But when it comes to granting the federal government powers to control our private lives, "inherent" but never expressed powers are good enough. And the fact that the Constitution itself, in Amendments Nine and Ten, say exactly the opposite, never gets mentioned.

Face it, folks, the mafia is in charge now, and the only difference this election will make is to change Familia.

7
BeyondPopper on August 14, 2007 at 03:38 PM

CNN's Situation Room just laid the lock stock and barrell on the democrats in congress with the recently passed legislation giving Bush the right to spy on us, violate our rights, ad nauseum. This site is supposed to give those in the DNC an eye on how we feel.......our leaders have made fools of us since the last election.

8
davesback on August 14, 2007 at 04:12 PM

Bush has no idea of what he is talking about

I think just about everybody except the most diehard GOP crime family members would agree on that statement. So why are people allowing him and his Attorney General to give their worthless opinion?

The Executive does not have the authority in the Constitution to interrupt laws even if Congress is misguided enough to pass a law saying he does.

Bush would need a Constitutional amendment to assume that power. It’s right there in plain English. Those in the American legal community apparently need to learn it as a second language.

Also, the Executive branch cannot declare a war on terror or anything else. Congress has that power. It’s time for Congress to de-authorize what it shouldn’t have authorized in the first place….that was unconstitutional, too.

If Pelosi gets everyone on the record this second time, then we won’t have Clinton, Edwards, Kerry, and any of the rest having to sound stupid all the time defending their original vote. Do it before Petraus comes back with his blood-covered report card.

Just take another vote to de-authorize. It’s not that hard of a concept. Really.

Do it, you Congressional cowards; and hang another albatross around the lame duck (and his Congressional GOP enablers) as he walks down the same road as Rove…into imfamy.

9
SandyH on August 14, 2007 at 04:45 PM

Well you guys voted to give him that power before you went on August break.

And Congress didn't have the authority to do it either.

CNN's Situation Room just laid the lock stock and barrell on the democrats in congress with the recently passed legislation giving Bush the right to spy on us, violate our rights, ad nauseum.


The only recourse we have other than voting them all out is a Consitutional Convention. Maybe it's long past due?

Korea, Vietnam and now this War on Terror have all been illegal. Nullifying the Bill of Rights is illeagl.

I wonder if we got a petition drive going that it might scare Pelosi and Reid enough to act?

10
SandyH on August 14, 2007 at 04:54 PM

Meanwhile Pelosi and Reid and the other Democratic leaders of Congress, who serve a most important function in the balance of power and defenders of our Constitution, roll over like a lap dog waiting to have their belly rubbed.

They are pathetic followers who don't deserve to be in the position of Congressional leadership.

11
Robson on August 14, 2007 at 09:06 PM

My concern is that to “Retro-actively” make these FISA polices legal! Must mean my Government knowingly and with malice of forethought, has broken the law! As I understand our legal system, if you do something today, and tomorrow it becomes illegal, you can not be prosecuted for it. If this is true, then so is the inverse.
To “Retro-actively” making what was done yesterday (when it must have been illegal), or they would not have even had to suddenly make it “Retro-actively” suddenly legal! Proof that laws ‘were’ broken, is in that fact alone!
As a citizen, I am very upset that this vote has made me complaisant in the violation of the law. And I ask for immedent action on the violation of the law at the highest levels of this government. If you fail to act, then you in fact are in violation of your ‘oath of office’! And guilty of complicity in the illegal acts described above!

12
Marshell on August 14, 2007 at 11:38 PM

First of all I went from middle class to homeless when President Bush took office. I'm not the only one. I live in Toledo, Ohio and our city is all messed up. We have alot of crime, such as kids in gangs and on drugs. Not to long ago we lost an off duty police officer because he caught a kid on the streets after curfue. When the officer went to confront the kid the kid shot and killed him. Afterwords there was an investigation which showed that the kid was in the middle of a drug exchange. We do need more police on our street but our Mayor wont do it. He is more concerned about beautifying the city. He has went from wanting the allies beautiful so now we have to put our trash out front of the houses the night before which believe me is more of an eyesore then having the trash left for pick-ups in the alley. The problem is that we have people who dig through the trash for several reasons. One is because of the way the economy is they pick up things they find that they can use to scrap, or use because they need whatever it is they need cause they can't afford things. WE have people going around taking siding off of homes to scrap because they need money. The jobs here are few and far between because of all the hiring freezes. My own son had to move to another state just to be able to work because the job situation is horrable here. Our Mayor has a bad attitude and fits and has arguments with anyone who disagrees with his way of thinking. He and his attitude is chasing buisnesses away. Right now there is a potition going around to get him out of office. We are in worse shape since he is in the office then we was before he was re-elected. We as citizens need improvement both locally and nationally. Our Mayor feels that our crime rate went down but i don't see it. We are poor getting poorer. And the crime rate is going up for one thing or another. People are losing their homes because the poverty rate is going up. this is part of the reasons for the rise of the crime. Its very illegal for someone that don't have a place to live to live on the streets, but all the homeless shelters are over crowded. They have taken up the abandend homes and trashing them just to have a place to live. The gangs are marking the homes and burning them down. Its a catch 22. I'm very happy that the Demacrates took the house and senate and I'm voting for the first woman to be President Hillary Clinton I believe we need a change, we need a womans presence, a person with a heart and a womans outlook on things. I believe that President Bush messed this country up with the war. It wasn't right and it was based on all lies. Ive said this before but we pay billions of dollars to keep people in prisions that have raped, molested and murdered kids and people in general. Instead of paying the keep of all of them let them go and fight for us in these wars and bring all those innocent people home we are loosing more and more of our kids to the abuse that the war has to offer. Now lets think about this we will pay less on sending the criminals to war then paying both for the criminals in prisions and the war. I don't feel anyone is winning the war we have lost to many lives already. So why not bring them home and give the criminals a chance to redeem themselves. If they make it back home they will of had a scared straight expierence its a win win situation. As for our schools they have become a huge joke. Our kids are failing by the droves they get promoted to the next grade and they failed the grade they are in my daughter is one of those kids she has a learning disability and she need more 1 on 1 contact with her teachers and in a public school they don't have that. They also have no protection for these kids. There is supposed to be a protection law from when the kids leave home for school and on the way home from school. That is a frace its dont happen. When a child gets jumped or beat up going to or coming from and you call the police they get to you whenever they can, it don't matter if its 6 hours from the time you call them. They claim they don't have enough officers to handle the calls but we "don't need" anymore police. There is so much more i'm sure i could write about but this is enough to give you and idea of what is happening here. Thank You for the opportunity to vent some flusterations.

13
AngelAnna6758 on August 14, 2007 at 11:46 PM

Unfortunately AngelAnna6758 is not alone. There are a lot of people who have lost their homes since Bush came into office, and there is no end in sight as long as decent jobs keep going overseas.
Yet, Hillary and the rest of the Republi-lites will support more unfair "free" trade and we will keep bleeding jobs. They are so out of touch.

14
Butte on August 15, 2007 at 10:36 AM

Butte...don't forget about the open invitation to illegal immigrants from the Democratic Party leaders, the US Chamber of Commerce, Catholic and some Protestant Churches, and some unions......all for their self gain. The costs of this lack of enforcement are passed onto the US peoplea crippled social security.

Most Democrats strongly oppose the current amnesty being pushed by the lap dog Party leaders.

15
Robson on August 15, 2007 at 05:06 PM

WHY are the democrats bitching??? They VOTED for the wire tapping. And now they are blaming bush. Please do not insult the people who read and follow what the senate and the house vote for. Also do not insult the people who GIVE AND GIVE YOU MONEY NOT TO VOTE FOR ILLEGAL WIRING TAPPING. BUT YOU DO ANYWAY. SO DO NOT BLAME IT ALL ON THE REPUBLACANS. Oh yes what about the war. Are you going to vote for that again and blame the republicans. I HATE republicans. But come on democrats. Please watch what you vote for.

16
usahope1 on August 15, 2007 at 06:34 PM

Usahope1....there is still hope but it isn't with current Democratic leadership. They are in the same bed as Bush.

17
Robson on August 15, 2007 at 06:38 PM

Why all of the controversy? Everyone knows that it is a statistically verifiable fact that totalitarian societies have lower crime rates.
First Amendment, freedom of speech freedom of religion. Who needs that? People will invariably say things that outrage everyone else. Who needs that? Just look at the mess that Mohamicidal, religious fanatics have caused so far.
Second Amendment, the right to keep and bear arms? If you want to meat buy it, you don't have to hunt. Defense against criminal attack, just dial 911. Though if you can get rid of this one, the rest are gimmies.
Fourth Amendment, privacy rights? What have you got in the trunk of your car that you don't want the police to see anyway?
Fifth Amendment, if you've done nothing wrong. You won't mind getting on the stand and saying so. There's nothing worse than seeing one of those end run crooks invoking their rights under the fifth. That's practically a confession.
Eighth Amendment, a prohibition on excessive bail and cruel and unusual punishment? Some people don't need to be on the street. Furthermore, I say let the punishment fit the crime for a change.
So as a law-abiding citizen. There shouldn't be anything to worry about.

18
NiemandBinich on August 16, 2007 at 12:31 AM

If the White House is Enron, then how can we fix it without bankrupting the Constitutional checks and balances? The stock holders in God We Trust have the right to defend our rights with concrete accounting in a court of due process.

We need to start impeachment right now.

19
dlesterpoet on August 16, 2007 at 02:54 AM

The ruling does not require that sensitive information that would jeopordize national security be presented in open court. The fact that searches are admitted by the President to have been conducted without a warrant, makes them illegal. It means that the administration has taken upon itself a judgement of necessity that belongs to the court and to Congress. He is to administer the laws for the protection of U.S. citizens against unreasonable search and seizures as judged by the Courts and by Congress.

20
Spartacus on August 16, 2007 at 03:32 AM

It's a little late to be whining about this now isn't it? As several posts already say - you caved and authorized this program. I'm fed up. I just cancelled my democracy bond contribution as a result of this. I will try to find independents to support in the upcoming elections since you're playing politics as usual.

21
DisgustedDemocrat on August 16, 2007 at 11:11 AM

When the US People throgh NASA reaching to planet of MARS
G.W.BWush want to take back the USA to the middle age .
He want whith the republican party to change the democratic administration of the US to Dectatorship adminsration to be
Emperor Nero the II . He is a lier murder & gulty . He found his OWN GOVERNMENT out of US using the powerof USA . He found mercinaries , spays , jels and security police who serving his madness only.
He may use them once against US and say after that that it's done by the terrorists to effect in the 2008 election.
The congress must do something to stop this mad
before he distroy the USA & the WORLD WIDE ' s sicurity & economy.
Please every body every where must know that
there are many other duties to begain to do , to save EARTH & LIFE by unit peace love and co-oporation than figting and killing women chldren and civil people .

Gabraeal

http://thinkprogress.org/2006/12/18/january-20-2001-december-18-2006/

22
Gabraeal on August 16, 2007 at 07:00 PM

I think someone needs to remind this administration that we are a democracy NOT a dictatorship!

Sign the Petition!
Enough is enough. We have to send a strong message to Congress that there is no trade-off between fundamental liberties and security. Preserving our Constitution is essential to our security—we can't lead on freedom around the world when we're actively undermining the rule of law at home. Can you sign this petition demanding that Congress reverse their capitulation to Bush and the politics of fear? To take action simply click on the link below:

http://pol.moveon.org/capitulation

23
DemocratKickingAss on August 17, 2007 at 01:21 AM

Why did a number of Democrats vote in favor the "Protect America Act" that expands the Bush Administration's ability to eavesdrop with warrants? Why were the Democrats unable to fight or amend this bill more effectively? The concessions ultimately made were minor, and some Democrats still voted for this repugnant thing.

Thanks for defending the Republic.

24
Algernon on August 17, 2007 at 10:08 AM

By telling the courts to stay out of Executive Branch affairs, Bush is attempting to dismantle our system of checks and balances. The Executive Branch is responsible for classifying this information and can therefore avoid oversight simply by classifying anything they don't want scrutinized. Clearly this approach is pushing our form of government toward autocracy. No one in government should be above the principles of the constitution.

25
ET on August 17, 2007 at 01:28 PM

Confidence without merit again, just like when an AGNOSTIC is leading the supposed Christian community. George Bush's best friend and confidante, Karl Rove, who had the idea to use the Christians against the general population, is an AGNOSTIC.

It must make the Christians that have been following Karl Rove Doctrine right along like the little animals feel real close to GOD, when they can be led astray by an AGNOSTIC. Bush would never have been following an AGNOSTIC to do the works of GOD if he really knew the Living GOD. Real Christians can not follow the Bush Regime.

Granddaddy Bush was a supplier to Hitler and was well acquainted with the Hitler Regime.

HITLER used the CATHOLICS and the MALTESE CROSS and BUSH has used Dobson, Falwell, Robinson and his 700 Club, ALL EVANGELICALS and EVANGELICALISM, the same way Hitler used Catholics and the Maltese Cross. It is time for real Christian to stand up for GOD and not be led astray by the agnostic wiles of the Devil. The Devil will always paint a good picture, but those who know GOD will not be led astray. I'm sure Karl Rove feels real smug in the way the so called Christians will follow a stranger so easily, but the Catholics aren't following that easily this time and the next time, and there will always be a next time until the Devil is locked away, it will be more difficult for Satan to deceive the Evangelicals, this time they were trusting of man, next time they will only trust GOD.

26
_MarthaA on August 18, 2007 at 10:55 AM

Darien:

Bush was not elected, Bush was selected and installed against the will of the people.

27
_MarthaA on August 18, 2007 at 10:57 AM

SL600AMG:

The DLC that is a part of the Bush Regime on the democrat side voted to support the Bush Regime. If we can vote the DLC out in the Primary Election process, we will be able to deal with the Right properly. When the Right is on both sides of the spectrum, balance isn't possible. The following website and the sites this site refer to get the word out really well:

http://rightweb.irc-online.org/profile/1463

28
_MarthaA on August 18, 2007 at 11:05 AM

SL600AMG:

The DLC that is a part of the Bush Regime on the democrat side voted to support the Bush Regime. If we can vote the DLC out in the Primary Election process, we will be able to deal with the Right properly. When the Right is on both sides of the spectrum, balance isn't possible. The following website and the sites this site refer to get the word out really well:

http://rightweb.irc-online.org/profile/1463

29
_MarthaA on August 18, 2007 at 11:06 AM

EVEN THE JUDGES KNOW IT'S TIME TO IMPEACH

This week the Cheney regime again tried to argue that the courts
should have no jurisdiction to review their illegal warrantless
spying because they claimed there were "other avenues" for that
oversight. To which a federal appeals court judge responded, "What's
that? Impeachment?" That's as close as a sitting judge can get to
calling Congress essentially a gutless bunch of cowards.

And with the exception of Dennis Kucinich, and the other now 20
sponsors of H.Res. 333, to impeach Dick Cheney, so they are.

30
BamaSlama on August 18, 2007 at 12:05 PM

Bill Moyers Bids Farewell to Karl Rove
By Bill Moyers
Bill Moyers Journal

Friday 17 August 2007

Bill Moyers: Some closing thoughts now on politics. When Karl Rove announced his resignation from the White House earlier this week, he got some rave reviews. Here's a sample circulating on the Internet.

CNN Correspondent: We should be congratulating Karl Rove for a long successful run - this is a guy who elected a president twice- who's known as one of the most brilliant political activists of our time...

Chris Matthews: If you've ever talked to him he's almost got, almost like a blinder's on his eyes- he looks you right in the eye - and he talks fast- faster than I do - really fast right in your face totally intent on you - and it's really like talking to a fire hydrant...

Bill Plante: He's not only the mastermind behind everything - he's the president's senior advisor...

MSNBC Correspondent: Boy genius, Bush's brain, the architect...

Karen Hughes: Karl is brilliant - he is funny - and he's a passionate advocate...

Andrew Card: Karl Rove is a superstar- he's very insightful - he's a great friend to the president- he's also a very broad thinker - he is one of the more intelligent people that I know - he's very quick witted- he's got a great sense of humor and the president will miss him...

Chris Matthews: Well generally where there's brains, there's Rove...

Bill Moyers: There is, of course, more to be said. What struck me about my fellow Texan, Karl Rove, is that he knew how to win elections as if they were divine interventions. You may think God summoned Billy Graham to Florida on the eve of the 2000 election to endorse George W. Bush just in the nick of time, but if it did happen that way, the good lord was speaking with a Texas accent.

Karl Rove figured out a long time ago that the way to take an intellectually incurious draft-averse naughty playboy in a flight jacket with chewing tobacco in his back pocket and make him governor of Texas, was to sell him as God's anointed in a state where preachers and televangelists outnumber even oil derricks and jack rabbits. Using church pews as precincts Rove turned religion into a weapon of political combat - a battering ram, aimed at the devil's minions, especially at gay people.

It's so easy, as Karl knew, to scapegoat people you outnumber, and if God is love, as rumor has it, Rove knew that, in politics, you better bet on fear and loathing. Never mind that in stroking the basest bigotry of true believers you coarsen both politics and religion.

At the same time he was recruiting an army of the lord for the born-again Bush, Rove was also shaking down corporations for campaign cash. Crony capitalism became a biblical injunction. Greed and God won four elections in a row - twice in the lone star state and twice again in the nation at large. But the result has been to leave Texas under the thumb of big money with huge holes ripped in its social contract, and the U.S. government in shambles - paralyzed, polarized, and mired in war, debt and corruption.

Rove himself is deeply enmeshed in some of the scandals being investigated as we speak, including those missing emails that could tell us who turned the attorney general of the United States into a partisan sock puppet. Rove is riding out of Dodge city as the posse rides in. At his press conference this week he asked God to bless the president and the country, even as reports were circulating that he himself had confessed to friends his own agnosticism; he wished he could believe, but he cannot. That kind of intellectual honesty is to be admired, but you have to wonder how all those folks on the Christian right must feel discovering they were used for partisan reasons by a skeptic, a secular manipulator. On his last play of the game all Karl Rove had to offer them was a hail mary pass, while telling himself there's no one there to catch it.

http://www.truthout.org/docs_2006/081807B.shtml

-------

31
_MarthaA on August 18, 2007 at 10:14 PM

I used to think the talk about the Bush administration having ties and/or correlations with the Hitler take over of Germany...until I started reading. It looks like Rove (good German name), used Hitler's take over as a blue print including a catasrophe which enabled both to pass legislation enabling them to do whatever the wanted without being held in check, in the name of protecting the population.

We want our civil liberties back. The country will probably be hit again by a terrorist attack no matter how well prepared we are, but to use it, as did Hitler, to scare the hell out of the population for political purposes is unacceptable. Will any of our candidates give us back our civil liberties, adhere to the constitution, and take the government back from the fascist/Nazis now in power?

Please, before it's too late,
Glenn

32
nmliberal on August 19, 2007 at 12:41 AM

Has anyone noticed this correlation; Rove is known as the architect. Albert Speer who was an architect was Hitler's advisor. We now know of the Bush family's sympathy to the Nazi regime. It is said that Rove's grandfather was very high up in the Nazi party. Our religious fanatics have been had and used by Nazis.

33
nmliberal on August 19, 2007 at 12:52 AM

Surprises Lurk in 2008 Congressional Elections

Weekend Edition Saturday, August 18, 2007 · While much of the nation's attention is focused on the presidential race, the entire House of Representatives and a third of the Senate are also up for election in 2008.

Former House speaker Dennis Hastert (R-IL) announced Friday that he will not seek another term in office, just one of a series of moves that could affect the shape of Congress after the elections.

Scott Simon talks with David Wasserman of The Cook Report http://www.cookpolitical.com/, nonpartisan group that has its sights trained on all elections at all times, about what's brewing for 2008.

http://www.npr.org/templates/story/story.php?storyId=12899506

Nancy Pelosi and Steny Hoyer as members of the DLC are strongly protecting the corporate interests of the Bush Regime against the general population. ALL DLC members are for corporate globalization and cooperation with the Republican EXTREME, which is destroying the 70% general population leaving only 3 distinct classes of populations, the Elite Capitalists, the Professionals and the General Population. The "middle class" DLC members talk about does not include any member of the general population, ONLY political Professionals BASED ON COLLEGE EDUCATION.

The DLC is keeping a low profile now so as to deceive the general population before the Primary & General elections, but some prominent DLC members can be found at this website:

http://rightweb.irc-online.org/profile/1463

DO NOT VOTE ANY DLC MEMBER INTO OFFICE TO REPRESENT THE GENERAL POPULATION -- DLC MEMBERS DO NOT REPRESENT THE GENERAL POPULATION. Do not fall for the DLC rhetoric of helping the "middle class" as the DLC consider themselves the middle class.

34
_MarthaA on August 20, 2007 at 12:04 PM

The Elite are the first class, the Professionals are the "middle class" and the General Population is the lower class. DO NOT ALLOW THE DLC TO COMPLETE THEIR "NEW WORLD ORDER" PLAN.

DOWN WITH THE DLC Republican lobbyist democrat organization originated and controlled by lobbyist Al From.

35
_MarthaA on August 20, 2007 at 12:10 PM

Horse hockey.. Maybe we should just get out the guillotines now, and have done with this crap.

Mme. LaFarge ^o^

36
BamaSlama on August 20, 2007 at 11:15 PM


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