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So exactly what law did Shrub break with the wire tapping?

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booley Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:45 PM
Original message
So exactly what law did Shrub break with the wire tapping?
I hope this isn't a dupe but it seems like an obvious question.

Precisely what law did Shrub break and what is the penalty?
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GOPisEvil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:47 PM
Response to Original message
1. He violated the 4th Amendment to the Constitution.
The same Constitution he swore to uphold. The penalty: impeachment (in a fair world).
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madeline_con Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:48 PM
Response to Original message
2. Which laws were broken
Which laws were broken when President Bush authorized the NSA to wiretap without a warrant.



http://www.brainshrub.com/president-wiretap
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Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:58 PM
Response to Reply #2
5. FISA.
It says, barring following these procedures, or for the 15 day non-renewable exception after the start of a declared war, the executive branch may not wiretap on US persons (permanent residents/ citizens).

PERIOD.

Even if Bush had the power to wiretap absent a specific statue saying he couldn't, Congress plugged that loophole decades ago.

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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 08:10 PM
Response to Reply #5
14. wiretap for only the 1st 15 days of a war? Who would write a law like that
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:49 PM
Response to Original message
3. invasion of privacy laws, probably specific telecom laws, too
if a government official is not specifically authorized to do something that is illegal for ordinary people to do, then he's subject to the same laws that apply to ordinary people.

so if you were to tap my phone, you'd be guilty of invasion of privacy laws. i also think there are specific telecom laws regarding wiretapping.

this, of course, is IN THEORY, because shrub will likely suffer nothing more than a minor political hit for this OUTRAGEOUS criminal act.
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 02:51 PM
Response to Original message
4. Pick one he has shredded all these at least
Edited on Mon Jan-02-06 02:56 PM by Vincardog
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Does aWoL's faith bases initiatives come to mind?
Ask Cindy about the redress of grievances


2nd Amendment
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed
The Republicans took the guns away from the people left behind in New Orleans.

4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Ask the NSA for the paperwork.


5th Amendment
No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Does GITMO come to mind?

6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
GITMO AGAIN How about the secret prisons?


7th Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re- examined in any court of the United States than according to the rules of the common law.
GITMO AGAIN How about the secret prisons?


8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Torture anyone?
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daleanime Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 03:11 PM
Response to Reply #4
6. Damn...
if we let him have a couple of more years, he could get the complete set.
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 03:16 PM
Response to Reply #6
7. WE have found the ONLY thing the MISERABLE FAILURE is good at
Breaking Laws and looting.
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TexasProgresive Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-02-06 04:05 PM
Response to Reply #4
8. Don't forget those amendments that
are meant to ensure voting rights.
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 05:45 PM
Response to Reply #8
9. Like
15th Amendment
Sect. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Sect. 2. The Congress shall have power to enforce this article by appropriate legislation



24th Amendment
Sect. 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Sect. 2. The Congress shall have power to enforce this article by appropriate legislation
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AtomicKitten Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 05:46 PM
Response to Original message
10. FISA plus a dent in the Fourth Amendment n/t
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 05:54 PM
Response to Original message
11. Foreign Intelligence Surveillance Act (USC Title 50 Chapter 36 Subch 1.)
Here you go from my post on brainshrub.com:

http://www.brainshrub.com/president-wiretap



Listening in without a warrant isn't just impolite, it's a felony.

The Foreign Intelligence Surveillance Act (USC Title 50 Chapter 36 Subchapter 1) specifically prohibits the government from doing what the President has secretly ordered and it is a serious felony with major penalties.

The President has publicly confessed to this felony on national television. He ordered government agencies to engage in spying on thousands of American citizens without a warrant when the Congress made specific provisions in law to cover all circumstances, even emergency situations so that the government could listen in for up to 72 hours before obtaining a warrant, plenty of time to find and convince a judge.

There is no excuse for this action, yet the President has done so anyways.

That the President has colluded with others to do so, also makes this a conspiracy subject to fine and imprisonment up to 5 years per count under USC TITLE 18 PART I CHAPTER 19 § 371.

That he has chosen to hide it from the public, the Congress, law enforcement agencies, and the Courts through secret findings and secret orders may also be a case for obstruction of justice under USC TITLE 18 PART I CHAPTER 73 § 1512 paragraph (b).

The penalties for illegal wiretaps are severe, up to 5 years and $10,000 per count. The President has admitted to reauthorizing this violation of the law 30 separate times and thousands of phone calls have been intercepted.

Did anyone ever see the movie The Firm? I think we've just found the way to shut down the firm of Bendini Lambert and Locke.

The time has come for Prosecutor Fitzgerald to step forward and finally take the gloves off.

It is definitely time for the Congress to convene impeachment hearings.

More information:

FISA Act:

USC Title 50 Chapter 36 Subchapter 1

§ 1809. Criminal sanctions

Release date: 2005-03-17

(a) Prohibited activities A person is guilty of an offense if he intentionally—

(1) engages in electronic surveillance under color of law except as authorized by statute; or

(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.

(b) Defense

It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Penalties An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.


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Disturbed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 07:56 PM
Response to Reply #11
12. It seems that most Amerikans don't understand what..
has happened &/or don't care. This Prez can do whatever and break any laws that he feels like breaking under the pretense of protecting Amerika and most of the people will shrug and say it's all ok. The fear has been ingrained and the Neo Fascists, along with the Multi-Corps control Amerika.
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NativeTexan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 07:58 PM
Response to Original message
13. If he can trample the 4th amendment....
....you know that the 1st amendment is next. Or maybe this ongoing "coup" might just throw the whole damned thing out!!
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No Exit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-03-06 11:27 PM
Response to Original message
15. Oh, just a little old law called the U.S. Const. Amendment 4.
It's not a recent one. Wasn't passed by this congress, or the congress before it. In fact, it's one of those real old laws. You know--like the one in Danville, Michigan that says it's illegal to spit on the sidewalk on Sunday.

Nothing to worry about. Bush is the President, so that means he knows lots more 'bout laws an' stuff than you and me. So I'm sure he had a good reason.
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