[extropy-chat] Impeachment of President Bush What odds am I offered?

Mike Hayes l4point at gmail.com
Sat Dec 24 15:43:36 UTC 2005


Pretty good analysis.  But the implications of the theory of needing a court
order?  That means directly that if there was a mole in the FISA process,
the entire house of cards unravels, and the country has no protection
against foreign subversives.

It wouldn't even require a mole, just a leak prone individual.  Then the
security of the country is compromised, and any foreign agent who knew this
or had created this situation could and would take advantage of it in ways
that are pretty troublesome to consider.

The average guy in the US has a lot of common sense, and a lot of them see
this instinctively.

Outside of concepts of influence through propaganda, this all makes no
sense.

Mike H

On 12/24/05, David Lubkin <extropy at unreasonable.com> wrote:
>
> I wrote:
>
> >I haven't done the research to give my opinion on the merits of
> >DOJ's arguments, but they appear on par with what one sees in
> >Supreme Court pleadings. In other words, there may be convincing
> >counter-arguments, but they will have to be rigorously reasoned and
> >grounded in case law.
> >         :
> >I suspect, as Spike said, that the courts will uphold the legality
> >of the NSA intercepts. Whether they are legal, of course, is
> >distinct from the questions of whether they are wise or whether I
> >approve of them.
>
> After reading analyses of this situation, for which
>
> On the Legality of the NSA Electronic Intercept Program
> http://powerlineblog.com/archives/012631.php
>
> is a good introduction, and then reading some of the pertinent
> decisions, particularly the recent
>
> Hamdi v. Rumsfeld, 542 U.S. 507 (2004)
> http://supct.law.cornell.edu/supct/html/03-6696.ZS.html
>
> and
>
> In re: Sealed Case No. 02-001 (2002)
> http://www.fas.org/irp/agency/doj/fisa/fiscr111802.html
>
> I'm now convinced not only that any lawsuit in opposition to the
> intercepts will fail, but that if it was accepted for Supreme Court
> review, the decision would not be close. I don't expect any less than
> a 7-2 decision, and wouldn't be at all surprised by a 9-0 "message".
> But I'm torn on whether it would get that far; it seems equally
> likely that the Court would simply deny cert.
>
>
> -- David Lubkin.
>
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