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Dead Constitution
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Title: Congress unlikely to pass wiretapping
Source: Yahoo! News (AP)
URL Source: http://news.yahoo.com/s/ap/20060926 ... TBjMHVqMTQ4BHNlYwN5bnN1YmNhdA-
Published: Sep 26, 2006
Author: LAURIE KELLMAN
Post Date: 2006-09-26 15:51:01 by aristeides
Keywords: None
Views: 62
Comments: 7

Congress unlikely to pass wiretapping

By LAURIE KELLMAN, Associated Press Writer
1 hour, 43 minutes ago

WASHINGTON - Congress is unlikely to approve a bill giving President Bush's warrantless wiretapping program legal status and new restrictions before the November midterm elections, dealing a significant blow to one of the White House's top wartime priorities.

House and Senate versions of the legislation differ too much to bridge the gap by week's end, when Congress recesses until after the Nov. 7 elections, according to two GOP leadership aides who demanded anonymity because the decision had not yet been announced.

House Majority Leader John Boehner, R-Ohio, told reporters Tuesday that his chamber would bring up a bill by Rep. Heather Wilson (news, bio, voting record), R-N.M. Asked whether that version could be reconciled with the Senate's White House-approved bill, Boehner replied:

"We'd like to, but I think that might be a stretch."

The Senate bill, struck by an agreement between Judiciary Committee Chairman Arlen Specter and the White House, is being reviewed by the Intelligence Committee and unlikely to receive a floor vote this week, the aides said.

Wilson's bill would impose more restrictions than the Senate bill on a president who seeks to wiretap terror suspects making calls or e-mails from the U.S. to other countries.

More likely to win passage by the end of the week is Bush's other legislative priority: a bill agreed upon by the White House, the House and Senate governing how terror suspects are to be detained and questioned.

Punting the surveillance bill would leave Congress only a "lame duck" session after the elections to consider it — along with 10 appropriations bills setting the budget for next year.

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#1. To: All (#0)

So, there are likely to be a number of court decisions on the legality of Bush's eavesdropping programs before there is any chance of congressional legislation removing their illegality.

Understandable that Bush's White House gives higher priority to the torture legislation. For violations of FISA, officials, including Bush, face at least the theoretical possibility of fines and prison sentences. However, for the violations of the War Crimes and Torture Acts that resulted in death, they face the possibility of the death sentence.

Katrina was America's Chernobyl.

aristeides  posted on  2006-09-26   15:53:15 ET  Reply   Trace   Private Reply  


#2. To: aristeides (#1)

The reasoning in the Hamdan decision also applies to the warrantless NSA spying.

The Bush administration uses two arguments for warrantless wiretaps -- inherent power as commander-in-chief, and implicit authority under Congress's 2001 Authorization to Use Military Force.

Both of these arguments were rejected by the Court in the Hamdan case, as applied to Bush's military tribunals for terror detainees.


I've already said too much.

MUDDOG  posted on  2006-09-26   16:27:12 ET  Reply   Trace   Private Reply  


#3. To: MUDDOG (#2)

And Judge Diggs Taylor found the NSA program(s) illegal and unconstitutional even without making any reference to the then very recent Hamdan decision. Hamdan of course greatly supports her conclusion, at least on the illegality.

Katrina was America's Chernobyl.

aristeides  posted on  2006-09-26   16:43:55 ET  Reply   Trace   Private Reply  


#4. To: aristeides (#1)

I wonder why they never thought of this before? Were they once more sure about that day never arriving?

"If there’s another 9/11 or a major war in the Middle-East involving a U.S. attack on Iran, I have no doubt that there will be, the day after or within days an equivalent of a Reichstag fire decree that will involve massive detentions in this country."

- Daniel Ellsberg Author, Pentagon Papers

robin  posted on  2006-09-26   16:46:38 ET  Reply   Trace   Private Reply  


#5. To: robin (#4)

By all reports, Bush gets angry when his subordinates tell him something he doesn't want to hear. He may have put that fear into his lawyers before he asked for their advice on what to do after 9/11. For that matter, he may just have impulsively gone ahead with things like the torture and the eavesdropping, and then insisted after the fact that his lawyers provide him with a justification.

Katrina was America's Chernobyl.

aristeides  posted on  2006-09-26   17:38:36 ET  Reply   Trace   Private Reply  


#6. To: aristeides (#1)

And they House knows that it's they ass too.

The president would have quite a whip hand over Congress if senators and representatives had to look over their shoulders every time they used the phone.

randge  posted on  2006-09-26   17:40:57 ET  Reply   Trace   Private Reply  


#7. To: aristeides (#5)

Hmmm, okay, and if he's just a sock puppet then he's disposable.

"If there’s another 9/11 or a major war in the Middle-East involving a U.S. attack on Iran, I have no doubt that there will be, the day after or within days an equivalent of a Reichstag fire decree that will involve massive detentions in this country."

- Daniel Ellsberg Author, Pentagon Papers

robin  posted on  2006-09-26   18:12:45 ET  Reply   Trace   Private Reply  


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