General Hayden addresses the press on the NSA matter
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Bartholomew Roberts
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Actually, that speech makes me less comfortable than I was before. I was hoping that NSA was just exercising the authority it already had to monitor those types of communications under the 1981 Executive Order.
This speech makes it clear that this is not the case - that whatever they are doing, the existing loopholes weren't big enough and both those loopholes and FISA had to be bypassed in order to implement the program.
I'm also not encouraged by the General's tidbit that the program was reviewed by three NSA lawyers in addition to DoJ lawyers. That is a bit too much like letting the fox guard the henhouse for my taste. This program needs review by Congress and the Judiciary. At an absolute minimum, it needs review by the full House and Senate intelligence committee - especially since some of the people aware of the program (at least one FISA judge and several of the people who have been briefed) have expressed concerns about it.
I'm all for listening in on the terrorists and if the program has value it should be implemented; but anytime you start spying on Americans, even if only on one end of the conversation, you should have the authority of more than one branch of the government backing you - this is even more important when the branch of the government backing you represents only one single man. The Executive should not be able to remove the protections of millions of Americans without review by the judicial or legislative branches. This is just wrong and it doesn't matter how you spin it.
This speech makes it clear that this is not the case - that whatever they are doing, the existing loopholes weren't big enough and both those loopholes and FISA had to be bypassed in order to implement the program.
I'm also not encouraged by the General's tidbit that the program was reviewed by three NSA lawyers in addition to DoJ lawyers. That is a bit too much like letting the fox guard the henhouse for my taste. This program needs review by Congress and the Judiciary. At an absolute minimum, it needs review by the full House and Senate intelligence committee - especially since some of the people aware of the program (at least one FISA judge and several of the people who have been briefed) have expressed concerns about it.
I'm all for listening in on the terrorists and if the program has value it should be implemented; but anytime you start spying on Americans, even if only on one end of the conversation, you should have the authority of more than one branch of the government backing you - this is even more important when the branch of the government backing you represents only one single man. The Executive should not be able to remove the protections of millions of Americans without review by the judicial or legislative branches. This is just wrong and it doesn't matter how you spin it.
Lobotomy Boy
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Judging from the answers of Alito and Roberts during their confirmation hearings, I suspect that the judicial branch will rubber stamp anything this administration does.
Didn't expect to open any minds
just thought some of the undecideds might want to hear the other side of the story.
My favorite Gen. Hayden remark: why is it the default position of so many that whatever intel agencies are doing, it's probably illegal?
just thought some of the undecideds might want to hear the other side of the story.
My favorite Gen. Hayden remark: why is it the default position of so many that whatever intel agencies are doing, it's probably illegal?
El Tejon
Member
Doc, gee whiz, you think you would figure that out by now.
The answer: because Republicans are running the show.
The answer: because Republicans are running the show.
Bartholomew Roberts
Member
Hey, as long as we are all OK with the Department of Justice and NSA deciding whether the monitoring they are doing is legal or not, why not just get rid of Congressional oversight and FISA entirely?
Fred Fuller
Moderator Emeritus
"Why is it the default position of so many that whatever intel agencies are doing, it's probably illegal?"
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Ummmmmm..... history?
lpl/nc
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Ummmmmm..... history?
lpl/nc
Bartholomew Roberts
Member
Khornet said:
Yeah, I'm kind of close minded about giving government the authority to spy on American citizens without warrants - despite having worked for NSGA for five years and having a pretty good idea what type of authority the NSA already has in those circumstances.
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