Reply #8: WRONG! THERE IS A CITE....HERE'S YOUR CITE...

[ddeclue]

FogerRox:

The FISA law is EXPLICIT: 15 calendar days FOLLOWING A DECLARATION OF WAR BY THE CONGRESS. There is no way to spin this to mean 15 days after a warrant is issued or that a war grants the President special powers.

And YES it is certainly logical in that the President has no powers not granted to him by the Constitution and neither the Founding Fathers nor the Congress that passed the FISA ACT wanted a President creating wars as an excuse to run roughshod over American citizens rights. "National security" is always the lame excuse given for these sorts of usurpations:

I've already researched this thoroughly so here is the CITE:

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001811----000-.html

US CODE TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1811
§ 1811. Authorization during time of war


Release date: 2005-03-17

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days FOLLOWING A DECLARATION OF WAR BY THE CONGRESS.

(Emphasis added).


This is yet another lame attempt to try to spin this into an excuse for Bush's televised confession to multiple felonies. Again it is 15 days following a DECLARATION, not a warrant and it requires a DECLARATION OF WAR BY CONGRESS which NEVER HAPPENED.

So there's no place to hide for Bush under THAT ROCK...

Doug De Clue
Orlando, FL


Here's the article I wrote about this at brainshrub.com:

www.brainsshrub.com/president-wiretap


Listening in without a warrant isn't just impolite, it's a felony.

The Foreign Intelligence Surveillance Act (USC Title 50 Chapter 36 Subchapter 1) specifically prohibits the government from doing what the President has secretly ordered and it is a serious felony with major penalties.

The President has publicly confessed to this felony on national television. He ordered government agencies to engage in spying on thousands of American citizens without a warrant when the Congress made specific provisions in law to cover all circumstances, even emergency situations so that the government could listen in for up to 72 hours before obtaining a warrant, plenty of time to find and convince a judge.

There is no excuse for this action, yet the President has done so anyways.

That the President has colluded with others to do so, also makes this a conspiracy subject to fine and imprisonment up to 5 years per count under USC TITLE 18 PART I CHAPTER 19 § 371.

That he has chosen to hide it from the public, the Congress, law enforcement agencies, and the Courts through secret findings and secret orders may also be a case for obstruction of justice under USC TITLE 18 PART I CHAPTER 73 § 1512 paragraph (b).

The penalties for illegal wiretaps are severe, up to 5 years and $10,000 per count. The President has admitted to reauthorizing this violation of the law 30 separate times and thousands of phone calls have been intercepted.

Did anyone ever see the movie The Firm? I think we've just found the way to shut down the firm of Bendini Lambert and Locke.

The time has come for Prosecutor Fitzgerald to step forward and finally take the gloves off.

It is definitely time for the Congress to convene impeachment hearings.

More information:

FISA Act:

USC Title 50 Chapter 36 Subchapter 1

§ 1809. Criminal sanctions

Release date: 2005-03-17

(a) Prohibited activities A person is guilty of an offense if he intentionally—

(1) engages in electronic surveillance under color of law except as authorized by statute; or

(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.

(b) Defense

It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Penalties An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.