Tough Calls
Here's a scenario that pro & anti NSA tap folks ought to consider:
1. OBL, in Screwedupistan, picks up his phone, on which the NSA/CIA/whomever has a tap.
2. OBL dials Joe Jihad, and American citizen located in New York City.
What action are the spooks supposed to take?
A. Keep listening (Hey, OBL is a terrorist communicating with his sleeper agent!! And OBL's in Screwedupistan, not in the USA.)
B. Turn off the tap until OBL is done speaking with Joe Jihad & maybe get a warrant later. (Hey, JJ is an American citizen!! He is also on American soil!!)
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Here's another scenario to chew over:
1. OBL, in Screwedupistan, picks up his phone, on which the NSA/CIA/whomever has a tap.
2. OBL dials some number, but it is routed through VOIP & the actual location of the other speaker can not be immediately determined.
What action are the spooks supposed to take?
A. Keep listening (Hey, OBL is a terrorist communicating with his sleeper agent!! And OBL's in Screwedupistan, not in the USA.)
B. Turn off the tap until OBL is done speaking. (Hey, he may be taking to an American citizen on American soil!! We can't risk that without a warrant!!)
Twist to above scenario:
It is later (96 hours or so) determined to be Tamil D. Terrorist's phone in Chicago, Illinois. Tamil is an American citizen.
What do you do with the intel developed?
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I'm not trying to be a smart@$$. These scenarios (or something like them) probably occur every day & our spooks have ot make some sort of decision.
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Bartholomew Roberts said:
Informing a few select members of Congress isn't exactly the same as having a full Congress check the executive on this issue. As long as the number is limited to a few that the Executive selects, how hard is it to coopt them by offering support for some pet project? Especially if you get to hand pick which ones you will inform. Also, which members of the judiciary were informed according to your information?
Among those who are in the know are the chairmen and ranking members (RM=Democrats) of the House & Senate Intel Committees. Those RMs are not patsys or political allies of GWB (Jay Rockefeller, D WVA, being one). GWB generally has to clear all these sorts of fun & games with the Democrats. This was happening all this time and there was no great cry against it & only one CYA note was found (from Rockefeller to VP Cheney) stating (essentially), "I don't really understand what youse guys are doing, technology-wise."