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Reply #22: I've read the bill [View All]

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Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
Jcrowley Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-12-06 08:45 PM
Response to Reply #21
22. I've read the bill
in it's entirety. Used to study that aspect of our government in painstaking detail. Not fun.

Anyway I have no dog in this fight either. I'm pretty indifferent to both of my state Senators. They've got alot of baggage and tons of cash not to mention boundless political ambition. I'd rather the party swing with the likes of Feingold and Waters. The American public is ready.

And to confuse the issue further read this:
The Schumer NSA Bill and the Feingold Censure Resolution

Marty Lederman

There's a hearing in the Senate Judiciary Committee today on Senator Feingold's censure resolution, dealing with the NSA's extra-legal electronic surveillance program. As I explain below, I think the legal substance of the Feingold Resolution is unassailable, and the emergence of the censure resolution certainly plays a valuable role in keeping the issue in the public eye. Beyond that, I don't have enough information or political acumen to calculate whether the Feingold Resolution is a politically astute tactic -- but the one thing I'm fairly certain of is that, although it's well-intentioned, it will not lead to cessation of the NSA program, or to any serious and effective assertion of congressional war-powers prerogatives.

Accordingly, I return to the question I asked two months ago: What can Congress do about this conflict, anyway? I continue to think that what I wrote then was correct: The only way for Congress to prevail in this important war-powers stand-off is if the Supreme Court declares the President's conduct unlawful. Assuming that's correct, the only worthwhile thing for Congress to do is to pass a statute such as that proposed by David Barron, establishing statutory standing for parties reasonably chilled by the NSA program, and facilitating expedited Supreme Court review.

Enter Senator Schumer's new bill, S.2468, which would do just that. This is the bill that should be the top legislative priority. The bill is very simple:

Most importantly, it would create a statutory cause of action -- and thus statutory standing -- for certain persons with a "reasonable fear" that their communications are being intercepted, authorizing them to file an action asking a court to enjoin or declare unlawful the NSA program. A reasonable fear would be established by evidence that the plaintiff either has regular wire communications from the U.S. to Afghanistan, Iraq or Pakistan, in the course of paid employment involving research pertaining to terrorism or terrorist groups, or commercial transactions with a bank or financial institution in those countries.

http://balkin.blogspot.com/2006_03_26_balkin_archive.ht...

If you are up to studying these things in detail I highly recommend Lederman's (above link) website. Very thorough and no nonsense.
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