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Obama Administration quietly expands Bush's legal defense of wiretapping program

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Orwellian_Ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 06:34 AM
Original message
Obama Administration quietly expands Bush's legal defense of wiretapping program
Obama Administration quietly expands Bush's legal defense of wiretapping program
John Byrne
Published: Tuesday April 7, 2009

In a stunning defense of President George W. Bush's warrantless wiretapping program, President Barack Obama has broadened the government's legal argument for immunizing his Administration and government agencies from lawsuits surrounding the National Security Agency's eavesdropping efforts.

In fact, a close read of a government filing last Friday reveals that the Obama Administration has gone beyond any previous legal claims put forth by former President Bush.

Responding to a lawsuit filed by a civil liberties group, the Justice Department argued that the government was protected by "sovereign immunity" from lawsuits because of a little-noticed clause in the Patriot Act. The government's legal filing can be read here (PDF).

For the first time, the Obama Administration's brief contends that government agencies cannot be sued for wiretapping American citizens even if there was intentional violation of US law. They maintain that the government can only be sued if the wiretaps involve "willful disclosure" -- a higher legal bar.

<snip>

http://rawstory.com/news/2008/Obama_Administration_quietly_expands_Bushs_legal_0407.html
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AndyA Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 06:39 AM
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1. Yeah, I voted for Obama to make sure Bush's policies continued...
NOT.

Jonathan Turley was all over this last night on Countdown, and he basically said you can't say people have a right if there's no remedy, and that's exactly what this is. He basically called out Obama on this bullshit stance, stating he should know better.

This will not be good for Obama if he continues this, he will lose a lot of support.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 06:39 AM
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2. So the watchers will be doing alot of watching over the watchers.
Those lawyers who inserted the "sovereign immunity" acted with bias and bad faith. Time to repeal the law because it is unconstituional.
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pnutbutr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 06:42 AM
Response to Original message
3. I wonder
if VOIP encryption would help to prevent them from acquiring useful information.
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 07:00 AM
Response to Reply #3
4. A capitalist solution - invent a product that people have to buy to scramble calls?
No, this has gone on long enough. We resist. At this point we have no other choice.
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blindpig Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 08:17 AM
Response to Reply #4
5. Indeed, a capitalists solution.

Enough of this, they hold everything in thrall. How soon before we must pay for the air we breath because they have fouled the atmosphere?

K&R
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 08:40 AM
Response to Original message
6. Surveillance is cancer to democracy
and freedom's anathema.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 10:00 AM
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7. Kick.
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OhioChick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 11:02 AM
Response to Original message
8. K&R
:kick:
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Gregorian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-08-09 11:02 AM
Response to Original message
9. Fighting fire with fire?
That's my only explanation. On one hand I'm appalled. On the other hand, I'm appalled, but perhaps think this could be a temporary means which enables him to actually see what is going on behind the scenes. Meaning the change would be wiretapping people other than citizens. CIA, perhaps.

I defer judgment. But man, this can't go on indefinitely. It's frighteningly serious.
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inwiththenew Donating Member (163 posts) Send PM | Profile | Ignore Wed Apr-08-09 11:32 AM
Response to Original message
10. Hopefully this gets shot down
Because the Repugs are eventually going to get the White House back sometime and can you imagine what they would do with an argument like this?
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