Dear Gov. Dean -- No One Is Above The Law In America

[understandinglife]

18 December 2005 (# 13)

No One Is Above The Law In The United States Of America.

As you likely know, Gov. Dean, the Foreign Surveillance Security Act (FISA) of 1978 already provides, under 36 USC 1805, the mechanisms for the Attorney General to approve surveillance for up to 72 hours without warrant. As long as the FISA Supervisory Court approves the surveillance within the 72 hour time limit, the surveillance is deemed legal and can persist.

In fact, all 1228 requests to the FISA supervisory court, in 2002 (i.e., during the year after "9/11"), were approved:

Office of the Attorney General
Washington, DC 20530
April 29, 2003
Mr. L. Ralph Mecham
Director, Administrative Office
of the United States Courts
Washington, D.C. 20544

Dear Mr. Mecham:

This report is submitted pursuant to the Foreign Intelligence Surveillance Act of 1978, Title 50, United States Code, Section 1807, as amended.

During calendar year 2002, 1228 applications were made to the Foreign Intelligence Surveillance Court for electronic surveillance and physical search. The Court initially approved 1226 applications in 2002. Two applications were "approved as modified," and the United States appealed these applications to the Foreign Intelligence Surveillance Court of Review, as applications having been denied in part. On November 18, 2002, the Court of Review issued a judgment that "ordered and adjudged that the motions for review be granted, the challenged portions of the orders on review be reversed, the Foreign Intelligence Surveillance Court's Rule 11 be vacated, and the cases be remanded with instructions to grant the United States' applications as submitted..." Accordingly, all 1228 applications presented to the Foreign Intelligence Surveillance Court in 2002 were approved.


Sincerely,
John Ashcroft

Link: http://www.fas.org/irp/agency/doj/fisa/2002rept.html

It is pure bunk, or "spin" as some call it, to use "emergency" or "terrorist" as an excuse.

The fact is the President wanted to spy on people, and he intentionally wanted to subvert any form of oversight for that activity. And, yesterday, he admitted to doing just that and said he'd continue being a felon, in plain sight. Perhaps the first honest statements Bush has made since ... ???

The infamous John Yoo memorandum of September 25, 2001 (http://www.usdoj.gov/olc/warpowers925.htm) is nothing more than a piece of paper claiming that the President stands above the law. The "Yoo Doctrine," if it is permitted to stand, transforms America into a totalitarian state. The most succinct summary of that fact I've found is the following:

Where Yoo surely parts company with any sane constitutional thinking since the Roman Republic is the extension that the monarch/president gets to decide what counts as a war. For George III, George Washington, Lincoln, Woodrow Wilson and FDR, war is an organized conflict between societies or social groups. Police actions against pirates, slavers, and terrorists are not war. By treating the rhetorical "war on terror", infinitely redefinable, as a real war with war's legal consequences, the Bush administration has entered the 1984 terrain of totalitarianism.

http://www.tpmcafe.com/comments/2005/12/16/142620/20/31#31

We now know, because Mr. Bush admitted it on national radio and TV on December 17, 2005, that he authorized spying on American citizens. He willfully violated FISA and he willfully violated the Fourth Amendment of the Constitution of the United States of America. Not only must Mr. Bush be impeached, he must be prosecuted. In civil court, under provisions of FISA, those American citizens upon whom he spied have every right to sue him.

Those who conducted the surveillance are also liable for their actions under FISA and must be prosecuted. Again, the victims have every right to bring civil suit against those who conducted surveillance on them.

No One Is Above The Law In America.

It is essential that lawyers from all over the Nation join together to bring legal support, pro bono, to those citizens whose rights have been violated by Bush and the minions who acted on his illegal orders. The DNC could demonstrate progressive leadership by spearheading that effort.

Also, the DNC should take an even more aggressive public education approach to this travesty than it did in the Jean Schmidt smearing of Congressman Murtha. The message is simple:

No One Is Above The Law In America.

Thank you for your continued leadership,

p.s. In my letter tomorrow, I'll cover John Bolton and the White House's refusal to account to Congress about his extensive access to surveillance data.

Peace.

[understandinglife]

1. Cumulative index:

As requested by several DUers, I post a cumulative index of these letters. Also, please feel free to use these letters in any way you consider helpful to your messaging.

# 1 -- Dear Gov. Dean --- America, Or Not?
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5531641

# 2 -- Dear Gov. Dean -- Bush knows he's lying ...
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5541924

# 3 -- Dear Gov. Dean -- Talk about extreme hiking …
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5551415

# 4 -- Dear Gov. Dean -- About those “Niger forgeries” ...
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5560254

# 5 -- Dear Gov. Dean -- On Passing the "Nuremberg chalice" …
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5568226

# 6 -- Dear Gov. Dean -- Beyond a wall for “The Fallen Legion” …
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5574037&mesg_id=5574037

# 7 -- Dear Gov. Dean -- Let’s take Wally O’Dell at his word …
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x404707

# 8 -- Dear Gov. Dean -- “Making it up” … Must Be Stopped
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5593443&mesg_id=5593443

# 9 -- Dear Gov. Dean -- "Accumulated evil of the whole"
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5601256&mesg_id=5601256

# 10 -- Dear Gov. Dean -- Just dial 1-800-CALL-SPY ...
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5608382&mesg_id=5608382

# 11 -- Dear Gov. Dean -- "Same Intel as Congress," NOT ...
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5611041&mesg_id=5611041

# 12 -- Dear Gov. Dean -- On Concealing Crimes …
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5608382&mesg_id=5615989

# 13 -- Dear Gov. Dean -- No One Is Above The Law In America
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5630443&mesg_id=5630443

Peace.

[dorktv]

2. That was so reasonable. You are obviously a terrorist!

I am just teasing. :) Very good job!

[understandinglife]

3. Just want to make sure my name is "on the list" -- I know I wil be in ...

... the company of millions of truly patriotic Americans!

And, I realize you are teasing :) Thank you.


Peace.

[dorktv]

5. Eh, no one ever gets my jokes IRL so I had to make sure it was clear

I am on the NRA hit list. I got a F- last election! :loveya:

[understandinglife]

4. HuffPo headlines: Sen. Reid: “Commander In Chief Does Not Trump The Bill

... Bill Of Rights”…

GOP Sen. Graham: “We Cannot Set Aside The Rule Of Law In A Time Of War”…

Sen. Biden: “A Very Dangerous Overreaching”…

GOP Sen. Specter: “There Are Limits As To What The President Can Do”…

Sen. Feingold: There's No “Statute Authorizing This. I Guarantee It”…

Rep. Murtha: “This Is A Very Fundamental Thing Not To Spy Without Going To The Courts”…

Sen. Levin: “We Need An Explanation, We Need It Fast”…

Kansas City Star: “The Struggle With Foreign Enemies Does Not Simply Give Him A Blank Check”…

Denver Post: Adm. Has Lost “Balance Between Essential Anti-Terrorism Tools And Encroachment On Liberties”…

LA Times: “Stunning,” “One Of The More Egregious Cases Of Governmental Overreach”…

Wash. Post: “The Tools Of Foreign Intelligence Are Not Consistent With A Democratic Society”…

Pittsburgh Post-Gazette: “Unacceptable Actions Of A Police State”…

St. Petersburg Times: “So Dangerously Ill-Conceived And Contrary To This Nation's Guiding Principles”…

NY Times: Bush “Secretly And Recklessly Expanded The Govt.'s Powers In Dangerous And Unnecessary Ways”…

Plus, literally thousands of comments ...

www.huffingtonpost.com

Folk seem to be grokking it ....


Peace.

[understandinglife]

6. Bob Cesca: Crime Tip to Federal Agents: He's On TV Tonight!

From December 18, 2005

Crime tip! Crime tip! To federal agents and DC authorities seeking the President of the United States who has admitted to violating FISA law and the Fourth Amendment to the Constitution:

He's appearing on TV tonight. He shouldn't be difficult to track down. Note that whatever's in the background will indicate where he is.

Fly, you fools! Before he gets on his bike!

<clip>

UPDATE: He was able to finish his speech and is presently riding the sleepy train to Snoozeville, so you clearly didn't arrest him. I understand, though. So many poor people to arrest -- so little time. You could always arrest him whilst sleeping, though. He's probably a lot easier to apprehend.

Link:

http://www.huffingtonpost.com/bob-cesca/crime-tip-to-federal-agen_b_12517.html

Arrest him ....


Peace.

[katinmn]

8. LOL. I love that post by Cesca!

I've been thinking the same thing.

What the hell are we waiting for? The firing squads??

[Time for change]

7. Excellent letter -- What have we come to when our "president" can go on

national TV and admit that he considers himself above the law, and will continue to do so, and yet does not have to face serious consequences as a result of that?

Too large a portion of the American people are too cowed by the fear mongering of this Administration to care whether or not our "president" considers himself above the law. In normal times it would be the place of our national news media to point out what is going on, how we are having our democracy taken from us, one bit at a time. Without an independent press, however, that possibility hardly exists.

It is therefore necessary that our Democratic leadership be able to show an extra-ordinary measure of leadership and courage in order to combat the theft of our democracy. I hope that Howard Dean is up to this monumental task, and I hope that your letters help to light a fire under him.

[mrdmk]

9. NSA was tapping phone calls (overseas?), e-mails and faxes

and the information was going where? Condi Rice and Steven Hadley (part of the Fitzgerald investigations) are the head of the NSA.

As a side note, people wondered out loud why these people are so smart politically.

[understandinglife]

10. SCOTUS 1972: Prez May NOT Authorize Warrantless Surveillance

by Rhonda
Mon Dec 19, 2005 at 03:46:33 AM PDT

In a 1972 case, the Supremes held that even in the face of great harm, the President is not allowed to authorize warrantless surveillance. U.S. v. U.S. District Court, 407 US 297

The case was regarding 3 suspects that were planning to bomb something in Ann Arbor, Michigan. The government surveillance was conducted without a warrant and the DOJ argued that should be acceptable because of the potential danger to national security. The Supremes rejected that argument.

<clip>

Much more including some excellent comments, like this one by Valtin:

Very good summary on Bush's abrogation of separation of powers. I especially appreciated the reference to the Magna Carta.

Last night, makemefree diaried on the 1967 Katz decision. In a comment, I added some quotes from a later case.

The SCOTUS reaffirmed what it meant in Katz when they gave their decision in United States v Jacobsen et al. Arguing against drug surveillance rulings by the Eighth Circuit Court of Appeals in 1984, the Supreme Court wrote:

In short, under the interpretation of the Fourth Amendment first suggested in Place and first applied in this case, these surveillance techniques would not constitute searches and therefore could be freely pursued whenever and wherever law enforcement officers desire. Hence, at some point in the future, if the Court stands by the theory it has adopted today, search warrants, probable cause, and even "reasonable suspicion" may very well become notions of the past. Fortunately, we know from precedents such as Katz v. United States, supra, overruling the "trespass" doctrine of Goldman v. United States, 316 U.S. 129 (1942), and Olmstead v. United States, 277 U.S. 438 (1928), that this Court ultimately stands ready to prevent this Orwellian world from coming to pass.

"...in Katz v. United States, we held that electronic eavesdropping constituted a search under the Fourth Amendment because it violated a reasonable expectation of privacy.

http://www.dailykos.com/comments/2005/12/19/54633/975/93#93

Link:

http://www.dailykos.com/storyonly/2005/12/19/54633/975

Peace.

[mod mom]

11. Has anyone had the opportunity to read how this is playing overseas?

Bet other countries are envious of our freedom. the bu$h America: No privacy, no dissent, NO DEMOCRACY!

[understandinglife]

12. Haven't had a chance to check, but I think you'll find this one ...

... quite interesting:

Spying: How's it playing in Peoria?
http://dailykos.com/story/2005/12/20/12140/637


Peace.