Pirates the Constitution right

368. Pirates the Constitution right (1/2/06)

Bush defended his domestic eavesdropping program was "targeted known Al-Qaida members or associates and involved intercepts of only a few numbers in the US." This is a quibble.

1. If it was about Al Qaida, why bypassed FISA? FISA warrant is easy to get.
And there is reason to believe Al Qaida was under surveillance already. What is the work for CIA? How do they spend the huge budget on intelligence? Consider Al Qaida is illegal in every country and was in escape in caves. (what government said)

2. Who gave Bush the right to ride over the Constitution? Secret eavesdropping means unreasonable search and seizure which is against 4th Amendment. When the administration authorize themselves the right to search and arrest, then what's the difference from a totalitarian? Bush will be the similar figure like Saddam.

3. Bush is a villain who used to extort people by "terrorist". He had intimidated US into an unjust war by "WMD", "imminent danger". He now blackmails Americans by "saving their lives". Step by step, he rips off the civil right from American people and turns US into a totalitarian country.

4. Beware of another "terror attack" activated by Bush's group to justify his illegal action.

369. D.O.J. wants unlimited power (1/2/06)

Though Bush tries to put the argument in the name of "we are in the war, saving American's lives", his real purpose is to legalize unreasonable search. The real commander behind him is the Department of Justice.

1) US citizens are protected by the Constitution. If government wants to put you under surveillance, they must apply for a warrant from the court with evidence.

2) FISA(Foreign Intelligence Surveillance Act) is in low standard. Government can apply a warrant based on suspicion not evidence. But there is a wall to prevent it to be used in domestic criminal case. Because there is big difference between suspicion and evidence. And we have seen how D.O.J. hates this wall and activated waves of attack on it.

3) What happens now is government even abandon the court system and issue warrant by themselves. That's how Bush authorizes the domestic eavesdropping. If that goes through, then it's a totalitarian. The government can do what they want to do. There is no check and balance to this power. America loses it's principle of foundation.

You will understand a series events happened recently if you read the above analysis. Why a FISA judge resigned to protest. Why Bush defended his spying policy again and again. Why D.O.J. hastily start to probe the leak on spying program.

A typical sample is Padilla's case. Padilla was held without charge for three years. Now government dropped former "dirty bomb" allegation and tried to deliver him to domestic criminal court with other charges. A typical "arrest without evidence" then to transfer him to a domestic court which needs evidence to arrest. D.O.J. tried to establish a case to break the wall which is set to protect American people.

370. The corrupt D.O.J. attacks (1/2/06)

The purpose of 4th Amendment is to protect people from evil activities (set up, plant) of corruptive law enforcement agent.

If corrupt official plant fake evidence at your home. (gun, drugs) And asked for a search warranty. Judge would asked him for evidence. The corrupt official couldn't say:" Because I suspect it." That's how domestic criminal law requires. It depends on Evidence not suspicion.
The official also couldn't say, "I knew it because I had a search already." That's unreasonable search. (warrantless search) It's illegal.

FISA standard is low. Law enforcement official can request a warrant on suspicion not evidence. But there is a wall to forbid it be used in domestic criminal law. Otherwise 4th amendment will mean nothing.

Corrupt officials plant fake evidence at your home. Then apply a warrant from FISA. Say they suspect you are a terrorist. They get a warrant then found the "evidence"(gun, drug) at your home. That's how the 4th Amendment bypassed. A foreign intelligence method is used in domestic criminal law. Though D.O.J. said Patriot Act gave them such privilege, there is at least a FISA court watch their behavior.

Now they even don't need a FISA approval. They authorize themselves the right to search and arrest. To give the order to search in name of save lives of citizens. Is it for "security" or rather, abusing power? When it goes, the Constitution means nothing. It allows unlimited power of police search and arrest. (to be continued)