Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Wednesday, January 17, 2007

NSA Has A Legal Problem With Civilian Contractors Talking

The President has no authority to "allow or not allow" the courts to review something. [ Ref ]

The President admits in the memo that he "authorized" something. This is an illegal assertion of Judicial Power.

the President cannot legally make a decision related to judicial power. All communications related this President's actions, as it relates to the Judicial powers he has illegal asserted, may not be protected by privilege. Executive privilege only shields the Executive's executive actions, not illegal-judicial-related decisions.

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Links
Ref The FISA court -- only one Judge -- was not given a chance to challenge the information provided. Another Snow Job. Congress is still not getting straight answers.

Ref Greenwald: Gonzo at Senate Judiciary -- Non-answers.

Ref Doubts about President's responses; other questions. ( h/t)

Ref Gonzo illegally reserves illegal right to violate FISA again. [ Greenwald ]

Ref Kos Has the NSA Issue Covered -- The Stonewalling continues; Gonzo unresponsive.

Ref News

Ref Leahy Letter

Ref DoJ Letter -- More Drivel, non-answers

Ref Telecom DoJ Officials spew forth more non-answers. What a waste of time. Where are the war crimes prosecutors?

How did the Boeing aircraft scheduling system interface with the Terremark Fiber Optic accessing system, integrate with the NARUS STA 6400, and enter the Verizon facilities using the intermediaries; and then use the intercepted information to support their transport of personnel from the US to Eastern Europe?


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___ When was the first authorization for this gathering approved?

___ Why was authorization issued prior to Sept 2001?

___ What authorizations exist for surveillance outside "this program"?

___ What about surveillance that was not being conducted according to "this program" but is related to something else?

___ What other surveillance, other than what is called the "terrorist surveillance program" is occurring?

___ Are there any other surveillance programs which need to be reviewed by FISA, but are outside the Terrorist Surveillance Program"?

___ Why wasn't the Administration working with Congress before Sept 2001?

___ What is the basis to assert what the court approval criteria should have been?

___ Where is the President delegated any judicial power to decide whether the program was or was not meeting criteria only the Judiciary can decide?

___ Why were DoJ Staff, during this "very complicated process" working on non-official business?

___ Where is the order from the Court?

___ Why was the court order not referenced with a specific case number; and no inclusion of the date of the judge or the date that the ruling was issued?

___ Given the President's signing statements, why should we believe that President is committed to using any lawful method?