CaliNORML
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From an interview in the Jim Lehrer New Hour.
The full reports on the NSA the following quote is from the first link of Dec 29th, 2005.
Link to the index of reports.
JAMES BAMFORD: Well, actually, you know, if you read the FISA Act it actually takes that into consideration. It says in a time of war, you can have an extra 15 days to present the information to the FISA court for a warrant. But it's very clear the whole idea of the FISA Act was to keep presidential power from getting out of control and using an agency like NSA to spy on American citizens.
One of the things that was said when they created the law was that this bill specifically states that the protections in the bill are the exclusive means by which the government can get permission to eavesdrop. And it said that the --it recognizes no inherent power of the president to conduct electronic surveillance. That's what the law says and the law provides the penalty of five years in jail if you go around the law, which was done.
Now if they have a problem with that law, the place to solve that problem is by creating new laws or fixing this law in Congress. And I saw no effort by the administration to try to do that.
JOHN McLAUGHLIN: Gwen, I just want to add there that Jim and I aren't going to be able to settle these complex legal issues here today. People are making arguments on both sides of it. I think in the end the president's action will be shown to be legal. But I say that as a non-lawyer.
I just saw two men in some very hot seats during this discussion, it was funny and sad at the same time.
I do not disagree with the laws and oaths you stated, it is the knowlegdable and blatant disreguard of them that makes me go hummmmmmmmmm.
KMS
The full reports on the NSA the following quote is from the first link of Dec 29th, 2005.
Link to the index of reports.
JAMES BAMFORD: Well, actually, you know, if you read the FISA Act it actually takes that into consideration. It says in a time of war, you can have an extra 15 days to present the information to the FISA court for a warrant. But it's very clear the whole idea of the FISA Act was to keep presidential power from getting out of control and using an agency like NSA to spy on American citizens.
One of the things that was said when they created the law was that this bill specifically states that the protections in the bill are the exclusive means by which the government can get permission to eavesdrop. And it said that the --it recognizes no inherent power of the president to conduct electronic surveillance. That's what the law says and the law provides the penalty of five years in jail if you go around the law, which was done.
Now if they have a problem with that law, the place to solve that problem is by creating new laws or fixing this law in Congress. And I saw no effort by the administration to try to do that.
JOHN McLAUGHLIN: Gwen, I just want to add there that Jim and I aren't going to be able to settle these complex legal issues here today. People are making arguments on both sides of it. I think in the end the president's action will be shown to be legal. But I say that as a non-lawyer.
I just saw two men in some very hot seats during this discussion, it was funny and sad at the same time.
I do not disagree with the laws and oaths you stated, it is the knowlegdable and blatant disreguard of them that makes me go hummmmmmmmmm.
KMS
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