Sunday, January 15, 2006

WAR POWERS DO NOT ALLOW ILLEGAL SPYING

As an Independent Researcher and listed with the National Archives, Clients pay me to read 10's of thousands of documents for any number of issues or projects. This work also leads me to message boards, where I am continuously amazed at the apparent absence of facts.

(my personal statement follows the links below)

50 U.S.C. 36 § 18**

http://uscode.house.gov/download/pls/50C36.txt
http://uscode.house.gov/download/title_50.shtml
(text documents, you do NOT have to download)

http://www.fas.org/irp/agency/doj/fisa/
A nice collection of congressional, committee reports, court opinions, summarizing the FISA and PATRIOT ACT, pertaining to current events. (Source Documents)

http://www.fas.org/irp/agency/doj/fisa/navy0903.doc

Personal Statement:

This administration has operated OUTSIDE the US CODE, as defined by US House of Representatives, and thus, BAD GUYS will go FREE.

Essentially, the issues involved have been discussed in terms of 4th Amendment AND Criminality. The government agencies needing laws and procedures in order to clarify and consistently implement the procedures have been obstructed and restrained by inconsistencies and variances in procedures among themselves. NSA, DIA, CIA, FBI, etc, operate inside a 'soup', and unless they have defined common denominators that translate among all the agencies, they ALLOW THE BAD GUYS TO GO FREE.

THEREFORE, the operations OUTSIDE the common denominators, such as Court certifications-warrants-affidavits, confuse and tangle the soup. For me, the 4th Amendment is less of an issue, in this case, vs. the allowance of letting the bad guys get loose. When the operators operate without the structures designed to make the operations work, they lose their targets.

(Example: affidavit for warrant was obtained by using unauthorized surveillance, thus, the court throws out the evidence, allowing criminals to go free.)

Currently, a wide sweeping drag net of US based Telephone communications has been established, catching ALL the telephonic conversations among ALL people inside the US, using specialized software to filter the keywords heard, i.e. 'jihad', does not matter if you were telling your grandmother that you read a book about the Muslim jihad movement. If they happen to overhear a plan to ROB A BANK, they WILL NOT be able to stop the robbery, because they were NOT authorized to capture that information, nor will intelligence regarding terrorism be interpreted and translated into action to prevent it.

Either change the laws, or obey them. There is no room for 'flexibility'. It becomes a philosophical discourse on 'when' or 'how' will any Executive Branch decide to 'disobey' the laws, and then justify using the age old and proven methods of persuasion: fear, anti Americanism. "Allow this president room to move or be considered a friend to the enemy". Whether Democrat or Republican, that sort of jingoism, will never be successful. Violating laws has never created an advantage, for anyone.

(not to mention now, the phone companies are selling the phone records of all people to anyone willing to pay the price)

culture begins at the top
truth always rises to the top
ends never justify means

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