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woody7
Premium
join:2000-10-13
Torrance, CA
reply to amigo_boy

Re: AT&T being good citizen after 9/11 attacks

For the millionth time, why didn't they get an effing subpoena after the fact. It is apparent that none of you telco fanboyz have ever been in the service to defend our nation against the same Bull$hit that we have gone through. the president doesn't have "your so called" inherent rights. Why the hell do we have a constitution and separation of powers. I don't remember any of this in school. Show me in the Constitution where the Prez can have signing statements or disregard the constitution, Just because our congress is spineless and the judiciary are bought and paid for doesn't make it right.
--
BlooMe

amigo_boy

join:2005-07-22
said by woody7:

For the millionth time, why didn't they get an effing subpoena after the fact.
There's nothing in 18 USC 2511(2)(a)(ii)(B) requiring a subpoena. It says the exact opposite. It says the Executive can tell the telco that no warrant is needed.

It's a recognition that when Congress created FISA, it could not anticipate every possible surveillance requirement in the future. That its law could not render the Executive powerless in such circumstances.

I agree it's not a desirable situation to be in. It leads to a constitutional crisis. An ambiguity of co-equal powers. Fortunately, it was resolved with an expansion of FISA and the President folding into that expansion.

Mark


woody7
Premium
join:2000-10-13
Torrance, CA
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