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huntml

join:2002-01-23
Mullica Hill, NJ

reply to amigo_boy

Re: I'd favor indemnifying the telcos...

We don't know that the amendments to FISA serve to retroactively legalize what the admin. was doing, because *we don't know what they were doing*. That's why we need to have *some* mechanism to examine what they were doing._At this point, with this bitch-ass Congress, it looks like civil trials against the telcos are the only way to shine light on the matter.

amigo_boy

join:2005-07-22
Reviews:
·magicjack.com

said by huntml:

We don't know that the amendments to FISA serve to retroactively legalize what the admin. was doing, because *we don't know what they were doing*.
You need a girlfriend. There's a presumption that Congress is aware of what "[the administration] were doing" and the amendments reflect Congress's good-faith effort to ameliorate the potential for shortcomings while filling the "dire hole" you admitted needed to be fixed. (Balance of powers, and all.).

You're assuming that the amendments have no relation to what happened. Or, that you can't trust Congress acted appropriately. That's the way representative democracy works. If you don't like it, run for office. That would be more in line with the Constitutional intent than sinking to civil court for monetary damages.

Mark


huntml

join:2002-01-23
Mullica Hill, NJ

1 edit

said by amigo_boy:
You need a girlfriend.
My wife of twenty-one years would *probably* beg to differ with you.

quote:
There's a presumption that Congress is aware of what "[the administration] were doing" and the amendments reflect Congress's good-faith effort to ameliorate the potential for shortcomings while filling the "dire hole" you admitted needed to be fixed. (Balance of powers, and all.)

You're assuming that the amendments have no relation to what happened. Or, that you can't trust Congress acted appropriately. That's the way representative democracy works. If you don't like it, run for office. That would be more in line with the Constitutional intent than sinking to civil court for monetary damages.
Maybe you are right, maybe not. As I mentioned, there are many cases in American law, in environmental law, labor law, etc., where civil actions brought against the executive branch, by citizens with standing and grievance, have led to injunctions forcing the executive to do the right thing, even, no especially, in cases where it flouted legislative will, knowing that the legislature was too fractured/ununified to cite it for contempt.

To me, this looks like just such a case.

amigo_boy

join:2005-07-22
Reviews:
·magicjack.com

said by huntml:

As I mentioned, there are many cases in American law, in environmental law, labor law, etc., where civil actions brought against the executive branch, by citizens
Again, you're mixing examples. Filing suit against the executive branch would be the "normal" Constitutional process. Skipping that to impact a business that followed the executive branch in good faith looks like a cheap shot.

Mark

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