Bush may have tainted investigations/convictions by not going to FISA!

[Wordie]

Today's WaPo article on the FISA court had another item of great import: it appears that if genuine threats were uncovered in the material that was gathered by Bush's extra-legal spying process, and the court issued a warrant for the arrest of those who were responsible for those threats, or prosecuted and/or convicted such persons on the basis of the spy information provided to the court, all that may now be in jeopardy, because the evidence was illegally obtained!

Presiding Judge Colleen Kollar-Kotelly, who also sits on the U.S. District Court for the District of Columbia, told fellow FISA court members by e-mail Monday that she is arranging for them to convene in Washington, preferably early next month, for a secret briefing on the program, several judges confirmed yesterday.

Two intelligence sources familiar with the plan said Kollar-Kotelly expects top-ranking officials from the National Security Agency and the Justice Department to outline the classified program to the members.

The judges could, depending on their level of satisfaction with the answers, demand that the Justice Department produce proof that previous wiretaps were not tainted, according to government officials knowledgeable about the FISA court. Warrants obtained through secret surveillance could be thrown into question. One judge, speaking on the condition of anonymity, also said members could suggest disbanding the court in light of the president's suggestion that he has the power to bypass the court.
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/21/AR2005122102326.html

So, even if they did catch somebody who really was a genuine threat, Bush completely screwed it up. Feel safer, everyone?

[BrainRants]

1. I've thought the same thing, with my "movie and TV law degree"

If evidence is obtained illegally, it's inadmissible. Sounds like pretty basic stuff.

[Wordie]

3. So what Bush may have actually done, is make us LESS safe, not more!

Again.

And the opinion that this may happen is coming, once again, from "knowledgeable government officials." (Those guys are everywhere! LOL)

[Walt Starr]

2. That means the one case they've been touting as a success for this

program could end up walking away a free man because these bozos were too lazy to follow the established law.

BUSH PUT AMERICAN LIVES AT RISK OVER LAZINESS!!!

[librechik]

8. that case is also complicated because torture was used

to extract the accusation about him.

These guys are too cowardly to learn how to get information in a strong and legal way. And they have nothing substantive in their approach. They want to sneak around and cheat because they know their case is BS and won't stand up in court. It's obvious.

[More Than A Feeling]

4. If they disband it, the Patriot Act better be repealed

FISA is the court that oversees the Patriot Act, IIRC.

[Chef]

5. Extra-legal

If they were willing to avoid the established legal process for surveillance, what would stop them from taking extra-legal remedial action rather than going through the courts? I think this is the crux of why they did this. If they have no moral or legal checks on arrests, holding suspects or, torture, they can do damn well what they want as far as punishment is concerned.

[Wordie]

7. Sadly, that may be true. If they can hold people indefinitely w/o allowing

them to see an attorney, or be informed of the charges against them, then I guess the legality of evidence is just a small insignificant detail to them.

[Warpy]

6. These taps were never intended to produce indictments

and convictions. They were fishing expeditions for gossip.

These taps weren't against the powerless and unknown. They could get warrants for that stuff. These taps were against the powerful and famous, people who were well known and whose warrants would be closely questioned.

When Congress finally realizes that they were the targets, both parties, along with judges, media figures and DNC party bosses, we'll see some real action.

We the people already know this to be true. We've been through this one before when Nixon did it. The GOP Post is just trying to obfuscate.

The question is WHY NO WARRANTS? The answer is obvious.

[Wordie]

10. Does seem more and more Nixonian, doesn't it. eom

[leftchick]

9. I doubt they were wiretapping any real threat

I would bet a hundred bucks all of the illegal wiretaps were for Democrats and peace groups. Anyone who threatened bush politically.

[EC]

11. Not only is Bush to blame, he hired a hack as

Attorney General, who should be out chasing ambulances...

[Wordie]

12. It may very well be that Bush himself has no clue (that's no excuse).nt