February 11, 2006

Ponderous, I must say

After reading the U.S. code Section 1802 cited as the law that President Bush is ignoring, I can seriously say with conviction that the political posturing and partisanship from the left is despicable. Why don't they just release a statement of support for terrorism? Where is the outrage and prosecution of the individual who leaked the story to the press about the classified surveillance program? Maybe if the anti-American leftists get really lucky we can uncover all the "secret" ways that the U.S. tries to thwart terrorists and publish them internationally in a handbook of sorts. This would seem to be a more efficient way of ensuring terrorists know our tactics. Everything will be out in the open and we can all sit with the Islamo-fascists and have a nice summit. We can talk with them about the desire we have for freedom not only for us but all people. Concluding, we could ask politely if they would please not kill our wives and children!? They would, of course agree since our attempts at understanding their religion of peace are so heartfelt and noble. Ahh, utopia. What a wonderful place!

Here is the text of the law that Bush and his evil henchmen are so wantonly breaking. I took the liberty of emphasizing a few areas.

(a)(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that -
(A) the electronic surveillance is solely directed at -


(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section1801(a)(1), (2), or (3) of this title; or


(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;


(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and


(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.


(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of this title.


(3) The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of Central Intelligence, and shall remain sealed unless -


(A) an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or


(B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.


(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to -


(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and


(B) maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain. The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.


(b) Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) of this section unless such surveillance may involve the acquisition of communications of any United States person.

Now what's so difficult to understand here?

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