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Censure

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mbro View Drop Down
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    Posted: 13 March 2006 at 7:09pm
I was just watching cspan and saw this. (taken from wikipedia)

"On March 13, 2006, Sen. Russ Feingold (D-WI) introduced a resolution in the Senate to publicly admonish President Bush for approving domestic wiretaps on American citizens without first seeking a legally required court order. [1] In the resolution, Feingold asserts the president, "repeatedly misled the public prior to the public disclosure of the National Security Agency surveillance program by indicating his Administration was relying on court orders to wiretap suspected terrorists inside the United States." [2]"

What censure is for those who don't know (also wikipedia)

Censure in the United States is a congressional procedure for reprimanding the President of the United States or a member of Congress for inappropriate behaviour. News and other media often use the term "censure" incorrectly, confusing their viewers. When used to condemn the President, however, it serves merely as a condemnation and has no direct effect on the validity of presidency. Unlike impeachment, censure has no basis in the constitution, or in the rules of the Senate and House of Representatives. It derives from the formal condemnation of either congressional body of their own members.

Don't blame me, I voted for Kodos.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote High Voltage Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 7:14pm
ok wait, court order right? then where's the problem? blame the federal court, it falls under their branch not the executive. unless maybe someone would like to explain what Senator Feingold meant by "repeatedly misled the public prior to the public disclosure of the National Security Agency surveillance program by indicating his Administration was relying on court orders to wiretap suspected terrorists inside the United States."
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 7:21pm

Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the problem? blame the federal court, it falls under their branch not the executive.

Huh?  Methinks you have no clue what the wiretapping issue was.

But - I am disappointed in Russ for this move, which looks to me like a pure political grandstanding moment that will accomplish nothing except get Feingold invited back to the Bill Maher show.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 7:56pm
Seems like this would have been smarter for a person from a more liberal state to pull that wasn't planning on running in 08. Looks like it's just an attempt to screw up republican re-election attempts this fall to me.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote usafpilot07 Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 8:33pm
Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the problem? blame the federal court, it falls under their branch not the executive. unless maybe someone would like to explain what Senator Feingold meant by "repeatedly misled the public prior to the public disclosure of the National Security Agency surveillance program by indicating his Administration was relying on court orders to wiretap suspected terrorists inside the United States."


LIEK ZOMG, TEH PREZ SHUD T377 US WHAT THE INTEL. COMMUNITY IS DOING BEFORE ANYTHING ELSE.

Geez, I'm a strong beliver in the fact that sometimes you have to act first, ask questions later. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote TRAVELER Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 9:42pm
The President has broad powers granted to him to "ensure" the security and defense of the country. Simply put, if he wants to do something and there is a question of it's legality, he can make it legal with his word alone. If the president says it's legal, it's legal.

That doesn't mean that he could get away with declaring himself "Emperor of North America", but there is alot that he can do.

President Lincoln suspend the writ of habeus corpus during the civil war, and 70,000 American citizens were imprisoned without ever be charged with a crime.

The Senate Intelligence Committee was briefed on the operation from beginning to end, and the law the way it is written doesn't require the president to inform anyone else, including the courts.

Most Democrats will not pursue censuring the President, fearing that many Americans think that the "spying" program was in the best interest of the country at large.

Senator Feingold's main objective in this move was to put a squeeze on the President while putting himself in the media spotlight. Unfortunately for him, he's only marginalized himself.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 9:46pm
Originally posted by usafpilot07 usafpilot07 wrote:

Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the
problem? blame the federal court, it falls under their branch not the
executive. unless maybe someone would like to explain what Senator
Feingold meant by "repeatedly misled the public prior to the public
disclosure of the
National Security Agency surveillance program by indicating his
Administration was relying on court orders to wiretap suspected
terrorists inside the United States."


LIEK ZOMG, TEH PREZ SHUD T377 US WHAT THE INTEL. COMMUNITY IS DOING BEFORE ANYTHING ELSE.

Geez, I'm a strong beliver in the fact that sometimes you have to act first, ask questions later.

Yeah well under fisa he gets three days to ask those questions later and he ignores it

Don't blame me, I voted for Kodos.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 9:50pm

Originally posted by TRAVELER TRAVELER wrote:

The President has broad powers granted to him to "ensure" the security and defense of the country. Simply put, if he wants to do something and there is a question of it's legality, he can make it legal with his word alone. If the president says it's legal, it's legal.

That's a bit of an overstatement.

The executive branch does have some limited right to quasi-legislation by Executive Order, and can of course promulgate regulations pursuant to laws enacted by Congress, but the executive branch is at its heart executive.  It cannot willy-nilly declare something legal, nor can it directly counteract an act of Congress or a ruling of the judicial branch.

Various "war powers" acts of Congress have granted the President broad discretion within certain parameters during times of duress, but those parameters apply, as well as the Constitution.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 9:52pm
Originally posted by TRAVELER TRAVELER wrote:

President Lincoln suspend the writ of habeus corpus during the civil war, and 70,000 American citizens were imprisoned without ever be charged with a crime.
Ruled Unconstitutional by the supreme court

Don't blame me, I voted for Kodos.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Frozen Balls Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:13pm
Originally posted by mbro mbro wrote:

Originally posted by TRAVELER TRAVELER wrote:

President Lincoln suspend the writ of habeus corpus during the civil war, and 70,000 American citizens were imprisoned without ever be charged with a crime.
Ruled Unconstitutional by the supreme court


Lincoln also convienently arrested those who protested the suspension on such grounds, including the the Governor of Maryland, I believe?

Removing liberties from a border state was a dangerous game.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote DBibeau855 Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:16pm
Originally posted by mbro mbro wrote:

Originally posted by usafpilot07 usafpilot07 wrote:

Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the
problem? blame the federal court, it falls under their branch not the
executive. unless maybe someone would like to explain what Senator
Feingold meant by "repeatedly misled the public prior to the public
disclosure of the
National Security Agency surveillance program by indicating his
Administration was relying on court orders to wiretap suspected
terrorists inside the United States."


LIEK ZOMG, TEH PREZ SHUD T377 US WHAT THE INTEL. COMMUNITY IS DOING BEFORE ANYTHING ELSE.

Geez, I'm a strong beliver in the fact that sometimes you have to act first, ask questions later.

Yeah well under fisa he gets three days to ask those questions later and he ignores it


Terrorists are using disposable cell phones and changing telephone numbers, a lot of the time, by the time they get any information, its already become obsolete and out dated. In the intel comunity, things need to be done QUICKLY, by the time the FISA court rules on anything, whatever they ruled on is most likely out dated.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote TRAVELER Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:17pm
Originally posted by mbro mbro wrote:

Originally posted by TRAVELER TRAVELER wrote:

President Lincoln suspend the writ of habeus corpus during the civil war, and 70,000 American citizens were imprisoned without ever be charged with a crime.
Ruled Unconstitutional by the supreme court


After the fact.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Monk Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:17pm
Originally posted by usafpilot07 usafpilot07 wrote:

Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the problem? blame the federal court, it falls under their branch not the executive. unless maybe someone would like to explain what Senator Feingold meant by "repeatedly misled the public prior to the public disclosure of the National Security Agency surveillance program by indicating his Administration was relying on court orders to wiretap suspected terrorists inside the United States."


LIEK ZOMG, TEH PREZ SHUD T377 US WHAT THE INTEL. COMMUNITY IS DOING BEFORE ANYTHING ELSE.

Geez, I'm a strong beliver in the fact that sometimes you have to act first, ask questions later. 

Amen
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Frozen Balls Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:20pm
Originally posted by DBibeau855 DBibeau855 wrote:

Originally posted by mbro mbro wrote:

Originally posted by usafpilot07 usafpilot07 wrote:

Originally posted by High Voltage High Voltage wrote:

ok wait, court order right? then where's the
problem? blame the federal court, it falls under their branch not the
executive. unless maybe someone would like to explain what Senator
Feingold meant by "repeatedly misled the public prior to the public
disclosure of the
National Security Agency surveillance program by indicating his
Administration was relying on court orders to wiretap suspected
terrorists inside the United States."


LIEK ZOMG, TEH PREZ SHUD T377 US WHAT THE INTEL. COMMUNITY IS DOING BEFORE ANYTHING ELSE.

Geez, I'm a strong beliver in the fact that sometimes you have to act first, ask questions later.

Yeah well under fisa he gets three days to ask those questions later and he ignores it


Terrorists are using disposable cell phones and changing telephone numbers, a lot of the time, by the time they get any information, its already become obsolete and out dated. In the intel comunity, things need to be done QUICKLY, by the time the FISA court rules on anything, whatever they ruled on is most likely out dated.


Way to sidestep what mbro said. The president acted first, go him, we are all way safer now. Great. But he did not follow up. Didn't ask whether what he did was legal.

if I followed the gist of the discussion...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:24pm

DBib - FISA allows for searches/taps first, and then you obtain the warrant three days AFTERWARDS.  It was set up specifically to address the need for speed.  The administration has pretty much admitted that the reason they haven't sought FISA warrants under this program is because they know they couldn't meet the burden of proof (probable cause) required by the Fourth Amendment.

USAF, Monk - same.  FISA exists specifically so that we can act first, ask later.  Bush just didn't want to ask later either.

Traveler - Lincoln's actions were ruled unconstitutional.  That makes them illegal, Lincoln just didn't know it yet.  He did not have the power to suspend Habeus Corpus, no matter how much he wanted it to be legal.  Presidents can't "make" something constitutional that isn't.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote DBibeau855 Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:27pm
Well thats something that the CIA has been doing for YEARS, along with the NSA, its nothing new.

IE. Black Bag Jobs, its when you search for intel and change nothing, no one knows youve been looking.

I think the intel people should be let alone to do their jobs and be secret about it.

And i think they do, i think we only know about 10 percent of what the intel comunity does.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:29pm

Originally posted by DBibeau855 DBibeau855 wrote:

Well thats something that the CIA has been doing for YEARS, along with the NSA, its nothing new.

IE. Black Bag Jobs, its when you search for intel and change nothing, no one knows youve been looking.

I'm sure it happens - and it is unconstitutional and against the very principles upon which this country came to be.  The Founders didn't make the Fourth Amendment optional to the federal government.

Quote I think the intel people should be let alone to do their jobs and be secret about it.

That is a horrifically frightening thought.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Frozen Balls Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:30pm
So dbib, did you just pull an OS?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote DBibeau855 Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:32pm
Well thing about whats going on right now. Theres a huge spotlight on the intel comunity right now. But did you know that some parts of the state department still pour over and study old cold war documents?

Watch, a lot of documents pretaining to current events will be declasified in about 50 years, we will be literaly shocked once these documents are declassified.

Frozen, no.

Edited by DBibeau855 - 13 March 2006 at 10:33pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 13 March 2006 at 10:39pm
Originally posted by TRAVELER TRAVELER wrote:


Originally posted by mbro mbro wrote:

Originally posted by TRAVELER TRAVELER wrote:

President Lincoln suspend the writ of habeus corpus during the civil war, and 70,000 American citizens were imprisoned without ever be charged with a crime.
Ruled Unconstitutional by the supreme court
After the fact.
Which means it was still illegal and the president DID NOT have the power to do what he did.


Dbid: Facism rocks doesn't it?

Don't blame me, I voted for Kodos.
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