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Monday, March 13, 2006

Tell Russ Feingold This

Tell Russ Feingold This

Big Dog over at Big Dog's Weblog was doing a little research (something he believes that Senator’s staff could do) and came across a 2002 United States FISA Court Review. The review of the case dealt with the issuance of FISA warrants that had been disapproved. The important thing about the case is a statement by the court which reads:

Although the Court in City of Indianapolis cautioned that the threat to society is not dispositive in determining whether a search or seizure is reasonable, it certainly remains a crucial factor. Our case may well involve the most serious threat our country faces. Even without taking into account the President’s inherent constitutional authority to conduct warrantless foreign intelligence surveillance, we think the procedures and government showings required under FISA, if they do not meet the minimum Fourth Amendment warrant standards, certainly come close. We, therefore, believe firmly, applying the balancing test drawn from Keith, that FISA as amended is constitutional because the surveillances it authorizes are reasonable. (emphasis added)

In addition, this history was spelled out regarding the use of warrantless foreign surveillance:
The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. It was incumbent upon the court, therefore, to determine the boundaries of that constitutional authority in the case before it. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power. (emphasis added)

The court stated that the President has inherent Constitutional authority to conduct warrantless foreign intelligence surveillance. Perhaps we should censure Russ Feingold for being an idiot. Now he, Kennedy, Dean, Pelosi, Kerry, Clinton, The ACLU and the rest of the boobs who have been saying that the President conducted illegal searches because he failed to obtain a warrant can sit down and shut up.

Too all moonbats, which part of INHERENT CONSTITUTIONAL AUTHORITY are you having problems with? What part of all courts that have reviewed this have ruled the same way is giving you a problem?

Read more of Big Dog's work at his weblog, Big Dog's Weblog

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