Berkeley CSUA MOTD:Entry 41885
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2006/2/16-17 [Politics/Domestic/President/Reagan, Politics/Domestic/911, Politics/Domestic/President/Bush] UID:41885 Activity:high
2/16    Conservatives argue for impeachment:
        QUESTION: Is spying on the American people as impeachable an
        offense as lying about having sex with an intern?

        BRUCE FEIN, constitutional scholar and former deputy atty general
        in the Reagan Admin: I think the answer requires at least in part
        considering what the occupant of the presidency says in the aftermath
        of wrongdoing or rectification. On its face, if President Bush is
        totally unapologetic and says I continue to maintain that as a
        war-time President I can do anything I want . I don't need to consult
        any other branches . that is an impeachable offense. It's more
        dangerous than Clinton.s lying under oath because it jeopardizes our
        democratic dispensation and civil liberties for the ages. It would
        set a precedent that . would lie around like a loaded gun, able to be
        used indefinitely for any future occupant.

        NORM ORNSTEIN, AEI scholar: I think if we.re going to be intellectually
        honest here, this really is the kind of thing that Alexander Hamilton
        was referring to when impeachment was discussed.
        \_ Congress seems to be agreeing with the necessity of the wiretaps.
           What's your point?
           \_ Both Congress and the American public are overrun by cowards
              who do not believe in freedom.  What's your point?
              \_ Welcome to a Democratic Republic.  It isn't perfect but it
                 is the best thing the planet has seen so far in governments.
                 If enough voters cared about this they'd speak with their
                 votes.  Since most people don't vote at all much less based
                 on issues like this, you would seem to have the minority
                 opinion on how important this really is.
                 \_ Fuck you, you patronizing fuckhead asshole.
                    \_ *laugh*  If you weren't such an idiot, then you
                       wouldn't find everyone so patronizing.  Pull the log
                       from your own eye before pointing to the splinter in
                       someone else's.  ;-)
                       \_ Fuck you.  I can keep this up all day.
                          \_ Exactly.  Now you have identified your problem.
                             \_ Stick it in your ass.
                                \_ You're such a cutie!  Muwah!
                                   \_  Come a little closer and say that, punk.
                                       Just see what happens.
           \_ Just about everyone agrees with the necessity of the wiretaps.
              It's the part about doing this without oversight that violates
              FISA and has people in an uproar.
              \_ The thing is, it's Congress' opinion that counts, not any
                 professor.
                 \_ Although I think it's unlikely that a GOP Congress will
                    impeach a sitting GOP President, there are still plenty
                    of conservative congress-people who agree with the
                    speakers above.
                    \_ And there are Democrats who agree that the process
                       should continue with congressional oversight.
                       \_ I really mean no offense, but I think you're
                          missing why this is an issue to begin with. The
                          wiretapping has never been the issue; the issue's
                          been that the wiretapping was going on without
                          oversight (specifically, Judicial, according to
                          FISA). If I misunderstand your confusion, I look
                          forward to your elaboration.
           \_ I do not understand the uproar about FISA. Let's say the
              Pres. does an illegal wire tap, but never uses the evid.
              against you in ct. How are you hurt (esp. if you never
              find out that your were wire tapped)? What exactly are
              you afraid of?
              \_ Well, let's say you're in the opposition party and the Pres.
                 uses wiretapping to spy on you and set his party's political
                 strategy. Ridiculous, you say. But if there's no oversight,
                 there's nothing to prevent people from doing this sort of
                 thing. Really, court is the least of your concerns.
                 \_ Or they could end up with 500+ of your FBI files... but
                    no one would ever do that.
                    \_ So what? The Pres. could easily get access to these
                       files if he really wanted it. I don't see how FISA
                       makes this any easier/harder for the Pres.
                       \_ FISA prevents the executive branch from violating
                          the constitutional right against illegal search and
                          seizure. The international calls go to domestic
                          lines, and potentially citizens, so FISA allows taps
                          for cases that have probable cause. What the
                          executive branch is doing ignores probable cause and
                          may be using tainted evidence to gain domestic
                          wiretaps. So if someone in the 300k list of people
                          listed as terrorists calls say Clinton's Senate
                          office and hangs up, that's a link. No oversight so
                          now the NSA tells the FBI says we have credible link,
                          tap all lines in that office, we'll review the
                          transcripts. There would be no probable cause to tap
                          the lines without the tainted no-FISA evidence.
                          \_ I'm specifically talking about the FBI files.
                             The wiretap provisions of FISA do not restrict
                             the Pres. access to FBI files.
                             I don't follow your argument. At some point the
                             gov needs to get a valid warrant, that means
                             the warrant needs to be based on independent
                             evid not on the tainted wiretap info.
                             Say the NSA fingers a suspect and tells the
                             FBI about it. The FBI can't get a warrant to
                             FBI about it based on a so-called illegal
                             wiretap. The FBI can't get a warrant to
                             wiretap the guy w/o a showing of probable
                             cause. This can't be based on tainted evid.
                             The FBI will have to est. independent evid
                             to support a showing of probable cause. This
                             is what their warrant will be based on. The
                             fact that they got a tip from the NSA is the
                             same as if they got an anon tip and invest-
                             cause. This warrant can't be based on tainted
                             evid. The FBI will have to est. independent
                             evid to support a showing of probable cause.
                             The fact that they got a tip from the NSA is
                             the same as if they got an anon tip and invest-
                             igated. There is no taint.
                             [ I say so-called illegal wiretap b/c I think
                               FISA is an unconstitutional limitation on
                               the Pres. constitutional duty to defend this
                               nation from her enemies. ]
                 \_ So why would you be discussing your important political
                    policies in cleartext? Why wouldn't you be using encry-
                    ption? I still don't understand. When I value my info
                    enough that I don't want a 3d party intercepting it, I
                    use encryption. If the opposition party doesn't value
                    the information enough to take measures to prevent it
                    disclosure, then it is their own fault if the info is
                    disclosed.
                    \_ We're talking about phone conversations, not email.
                       Also, why should the resources of the US be used for
                       political gain of one political party?
                       \_ There are secure phone sol'n for sensitve info.
                          Use that if you really care. If not, don't be
                          surprised if someone overhears your conversation
                          and uses it against you.
                          I'm not exactly sure why you are bothered that
                          one party might be abusing government resources
                          for political gain. Both parties do it. Its not
                          something that can be prevented.
        \_ Congress can decide to impeach on whatever they want. The
           Constitution is itself vauge about the terms of what constitutes
           a "high crime", so practically speaking as long as you have the
           political clout you can just trump up charges and start the
           impeachment process. You don't need peanut gallery commentators
           to argue for or against impeachment. Is GW going to be impeached
           during his term? Not likely unless the Dems can pull off some sort
           of electoral revolution during the midterm elections. Chances
           of GW getting impeached are probably one in a thousand if not
           less.
        \_ Just an aside, but Bubba would say, (a) under oath, he didn't lie
           about Monica, (b) in the public sphere, "sexual relations" didn't
           include oral sex, and (c) in his private life with Hillary and
           Chelsea, he lied like hell.
           Similarly, Dubya would say there's a loophole on spying on the
           American people (a) if one end of a call comes from outside the
           country, and (b) one of those individuals is suspected of al Qaeda
           activity (c) during a war on al Qaeda (Dubya interprets the
           Congressional resolution authorizing "all necessary and appropriate
           force" in fighting al Qaeda as enabling his war powers against al
           Qaeda).
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