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Originally Posted by foundit66 Your comments may invoke other issues into play, but what aMFliberal quoted still applies.
Even if they are classifed as a "Foreign Agent", a U.S. citizen SHOULD STILL be a U.S. CITIZENS until the courts say otherwise. (Unless we suddenly gave the president power to revoke citizenry based on suspicions...)
Thus they would be a part of the quoted section B "(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..."
Nothing you have said negates this.
As such, Bush's actions inside the U.S. would be EXPLICITLY outside the scope of the afore-mentioned powers.
The only way around it would be to declare the participants as no longer U.S. citizens, and Bush DOES NOT have that power.
If you're tapping UNITED STATES phone calls where one of the ends is a UNITED STATES phone, it seems blatantly obvious that there is a VERY SUBSTANTIAL likelihood that the contents of the communication will include conversations which are explicitly forbidden.
And in addition, note the wording. It doesn't say that if a participant is KNOWN not to be a U.S. citizen. It talks about the LIKELIHOOD that such a tap could involve a participants who is a U.S. citizen. In other words, if you have a house which has 3 non-U.S. citizens, and one U.S. citizen as residents, it would be illegal to tap that phone's house because there WOULD BE a "substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party". | I agree with this statement whole heartedly. I do not believe that the President has the right to tap phones within the United States without a warrant. However, it seems that this case is about the phones being tapped in foreign countries. As more reports come out, we now are learning that the calls being intercepted are those that are being made to a known or suspected terrorist, or someone who has ties to the known or suspected terrorist. So the first question I would have to ask someone would be why are you calling this person???
dmk Conservatism, I repeat is not an ideology. It does not breed fanatics....But if you want men who seek, reasonably and prudently, to reconcile the best in wisdom of our ancestors with the change which is essential to a vigorous civil social existence, then you will do well to turn to conservative principles -Russell Kirk- |