RIGHTING AMERICA - Illuminating works of the Praiseworthy and Uncelebrated ~ while exposing those Miscreants, whether Treacherous or Unwitting, that are plaguing our otherwise Brave Nation...
_______________________________"It is fatal to enter any war without the will to win it." ~ General Douglas MacArthur ___________________________________________________________________"As long as I'm the President, we will stay, we will fight and we will win the war on terror." ~ President George W. Bush ___________________________________________________________________"The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." ~ Martin Luther King Jr. ___________________________________________________________________"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." ~ Albert Einstein ___________________________________________________________________"He that would live in peace and at ease, must not speak all he knows nor judge all he sees." ~ Benjamin Franklin ___________________________________________________________________"To see what is right, and not to do it, is want of courage or of principle." ~ Confucius ___________________________________________________________________"We will confront emerging threats before they fully materialize. And if you harbor a terrorist, you're just as guilty as the terrorist." ~ President George W. Bush ___________________________________________________________________"We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle." ~ Winston Churchill ___________________________________________________________________"And so, my fellow Americans: Ask not what your country can do for you - ask what you can do for your country. My fellow citizens of the world: Ask not what America will do for you, but what together we can do for the freedom of man." ~ John F. Kennedy ___________________________________________________________________"We have room for but one flag, the American flag ...We have room for but one language here and that is the English language ...and we have room for but one sole loyalty, and that is a loyalty to the American people." ~ Theodore Roosevelt ___________________________________________________________________"Righting America - One Reader at a Time." ~ Timmer

Wednesday, December 28, 2005

Captured Terror Suspects May Go Free on Technicality

Lawyers Contemplate Civil Case Against President
Ali and Yusef's Most Explosive Adventure
In the latest twist of this exploding story, Terror suspects who were captured in the United States, with the help of a highly classified intelligence gathering program leaked to the New York Times, will now try to use this information to have their cases thrown out of court. In fact, their lawyers have indicated an interest in pursuing a subsequent civil complaint against President Bush.

The New York Times (that very same newspaper that knowingly reported classified National Security information), published an article entitled Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts.
"Defense lawyers in some of the country's biggest terrorism cases say they plan to bring legal challenges to determine whether the National Security Agency used illegal wiretaps against several dozen Muslim men tied to Al Qaeda."
This program invoked by the President,
  • Is probably legal under the Constitution (see below)

  • Has been approved by two Attorney Generals

  • Was briefed to both Congressional Intelligence Oversight Committees over a dozen times

  • Is based on a precedent of presidential powers that had been set by Bill Clinton

  • Has thwarted at least two terrorist attacks against the U.S. and Britain - possibly dozens (still classified)
Regarding the legality of President Bush's use of non-FISA NSA wiretapping, Daveed Gartenstein-Ross writes in his article Defense Challenges to NSA Wiretaps: Legal Issues over at The Counterterrorism Blog:
"...the government's strongest argument is that the NSA wiretaps were legal. While this isn't a settled issue of law, there's a strong argument that because of the president's constitutional authority in the area of foreign affairs, the president may authorize surveillance to obtain foreign intelligence information without obtaining a warrant. United States v. Truong (Fourth Circuit 1980), which was based on a pre-FISA set of facts, held that the president did have this power to conduct warrantless surveillance. Thereafter, in In re Sealed Case (2002), a special court convened to hear FISA appeals noted that Truong and all other courts to decide the issue "held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." Further, In re Sealed Case stated, "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." This is a basic point of constitutional law: If a power is derived from the Constitution itself, that power cannot be abridged by statute."
The liberal outrage decrying the supposed outing of "Covert Agent" Velerie Plame by administration officials, even if true, would be nothing next to this blatant sell-out of our National Security. How can there be such an uproar when the President has taken these measures to do his job? David Limbaugh in a Washington Times article, entitled Subordinating the truth, makes several suggestions to the MSM on what they should be investigating, to include:
"How Democratic Senators can complain about the government's failure to connect the dots concerning the terrorists' September 11, 2001, plot and yet take action that will virtually guarantee our inability to connect future dots."
How are we to wage the War on Terror without using our resources? We are slowly tying our hands in every facet of this fight - from regulating and publicizing our interrogation methods to curbing our own ability to use force - in this wacky, bizzaro-world of protecting the guilty and imperiling the innocent, there is a very real possibility that our nation will meet its ultimate doom by such madness (try to imagine 9-11 times TEN).

And the New York Times, no doubt, hopes to be there at the end to get the scoop on its own handiwork.


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Retired Navy and Cold War/Gulf War Veteran. Senior Analyst for a large defense contractor, Bachelor of Science, Father, moonlighting Graphic Designer (T-shirts etc) and Blogger.

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