This time from Bryan Cunningham, who “served in senior positions in the CIA and as a federal prosecutor under President Clinton, and as deputy legal adviser to the National Security Council under President George W. Bush”:
Whatever Judge Taylor’s motives, it is critical to understand the impact of her decision, were it allowed to stand. Among many damaging results, the Terrorist Surveillance Program, publicly credited not 72 hours ago with helping to prevent the “9/11 Part 2†British airline bombings, will be shut down and our enemies will know it. Worse, neither politically accountable branch of government (even working together) would be able to modify FISA in a way that did not require prior judicial warrants based on probable cause and particularity as to the person targeted. In other words, there would be no lawful way, short of amending the Constitution, to ever collect catastrophic-terrorist-attack warning information unless we knew in advance it was coming, and the identities of the precise individuals who were going to communicate it.
As Judge Taylor’s new favorite justice, Robert Jackson himself, warned, the courts should not “convert the constitutional Bill of Rights into a suicide pact.†I will put my daughters to bed tonight confident that the Court of Appeals and our Supreme Court will not allow Judge Taylor’s giant step in that direction to stand.
Sure. But admit it: it’s getting more and more difficult to muster such confidence—particularly when federal district judges are willing to rule in ways that are clearly intent on shaping and massaging Constitutional readings to fit pre-determined, ideological-driven outcomes.
And this is precisely the problem I have with a living Constitution; because once one is able to claim the document has been freed of its intententional (ratified) meaning, it is “open” to the kind of erasure and rewriting that allows it to be formed, interpretively, into whatever some clever jurist is able to argue it can mean in a variety of new contexts, and subject to ever-changing cultural dialogics.
<a href=”
http://article.nationalreview.com/?q=MTI2ZTRmYjg1OTA2ZjM1NGFhMDFjMDQ3ODJmYzA2MWE=“>Melanie Phillips at NRO</a>
Must-see movie:
http://www.obsessionthemovie.com/
(Buy the one-hour prerelease version for Jeff to review if you have the scratch)
Seixon is “airing” a fundraiser to pay for his move to Oslo.
Well, its one more reason to hold your nose and vote GOP: the appointment and confirmation of the federal judiciary.
I mean, if you dig this sort on nonsense from Carter era appointees, by all means, “punish” the GOP for its profilagate spending and failure to “control the border”.
But I think we all know there are more important fish to fry this time around.
Shit, Jeff. Sorry I killed the thread.
If this decision stands, and it can be shown to be directly linked to any successful future attacks on the scale of a 9/11, there’s going to be hell to pay. Good bye ACLU. Good bye whoever gets in the way.
Small victories like this for progressives only set them up for more spectacular failures later on because when it comes right down to it, their motives are fundamentally opposed to the values held by mainstream america. The harder they push, the more obvious it becomes.
Or maybe didn’t!
But was he descended from a dozen or so Revolutionaries? Hmmmm?
WHOA! Just watched “The Vent” over at HotAir. And what do you know! Our boy Jeff is going to do a “Vent” next Wednesday as a guest host for the vacationing Michelle Malkin. Good for you, Jeff. Looking forward to watching.
I lost confidence in our government after all three branches of the government decided it was just fine to ignore the very clear words of the First Amendment. The congress passed McCain-Feingold. The president signed it into law. The Supreme Court said it was just fine for the government to censor political speech.
We’ve been committing suicide for some time now.
The opinion reads as if the President is the defendant. For example:
The defendants are the National Security Agency and its director. The President is not a party.
Challenge: what does the last quoted sentence mean?
Looks like you are missing a closing blockquote tag. That or my browser/idiot brain isn’t working right.
Yet another judge “trying out” for an appellate spot should the Democrats ever regain the White House.
The WaPo, interestingly enough, joins the growing chorus of folks who think the opinion was sophomoric posturing even if ultimately correct.
Hmmmm.
I’m leaning towards the inclusionary rule:
If a judge rules in such a manner that Americans die because of his or her utter stupidity or political bias, then hang the fucker.
The concept behind a more perfect union is greater freedom, not less freedom. Hitler began slowly and got the people to approve of his plans for protection and ended up killing 11 million humans who didn’t agree with his world view. Add to that 50 million others who died for the cause. “Power corrupts, absolute power corrupts absolutely.” Peace
/blockquote is your friend.
Imhotep, I invoke Godwin. Plus, WTF?
In this case, the President has acted, undisputedly, as FISA forbids
Um, evidence please?
Funny how the opinion produces none.
Jeff,
You have framed what will be the deciding issue (IMO) for the Republican primaries in ‘08 very well. Even if President Bush is granted the opportunity to name two additional Supreme Court justices Rebublicans will still insist on a clear statement from candidates concerning their intentions in naming originalists to the bench. I don’t believe that McCain can shake his idiotic bill off his foot in a manner which would convince a sentient being that he understands what the Constitution is, let alone that he would have the judgement to name someone who could be trusted to look at original intent rather than seeking the aura of an emantion’s penumbra for guidance.
I have yet to see a Giuliani statement by which a judgement could be formed concerning his probable direction regarding judicial appointments. He can shuck the rest of his baggage but if he doesn’t get the answer to “what kind of judge” correct then his chances for the nomination will diminish greatly.
You’re free to die, Imhotep. You’re just not free to have me die.
How do you choose?
Plus, WTF? (Another leftard invoking the Constitution and great and varied hoary old, decidedly un-progressive principles in order to…um…WTF?!)
Amen hotep!!
Let’s start with the FDA. Remember the days when “the man” wasn’t looking over your shoulder, making you wash your hands before you prepared the next customer’s burger? I mean just because you had fingers in both nostrils?
Now it’s “wash your hands this” and “don’t sneeze on the cole slaw that”.
IT’S BOWLLLLSHIT!!!! GET OFF ME!!!
alppuccino wins best post of thread. Again.
What a howler.
Imhotep
The National Socialist Democrat Party supported Hitler’s rise to power. Of those millions murdered were either Jews or Christians.
In Nazi Germany under the National Socialists Democrat Party rule by 1938 the word Christmas had been changed to Yuletide and Christmas carols banned from all public schools. Sound familiar?
What does the Kelo decision or Roe vs. Wade mean to you? To me they are examples of how The National Socialist Democrat Party has purged Liberalism out of the Democrat Party.
Maintaining the purity of the ideology is no different than maintaining the purity of race.
You can’t see it Imhotep because you are it.
tw: Does anyone have a mirror so that imhoptep can take a good look at his own self?
Can we start small and start with Jamie Gorelick?
The exact quote:
Imhocrap,
Thats right I keep forgetting, BUSH=HITLER
Thanks…..
Todd,
Also blood for oil cheney shoot his buddy, Rumey and sadamm blablbblalblbalbalbalbalalbalbalbalbalalablbalbalblablablalbalblalbal
So true.
How does Karl Rove get these things to happen . . . another example of how the loony left, and its equally loony jurists, isn’t sincere about security.
TW:told—Karl told you to do these things in the run-up to the election!
Ummm yeah, it would be great…if next Wednesday
comes. 8/23/06.
TW:Systems might be down.
Ohhhhhhh…..
Yeah.
August 23.
Hadn’t thought of that.
Being a rather infrequent commenter, I ask this:
Has anyone ever seen Imhotep return to answer responses to his (apparent) drivebys? If not, why does anyone bother?
I would have much more respect for the intellect of someone who attempted to compare horseshit to chocolate easter bunnies than I do for these pathetic dumbfucks who compare 2006 America to 1933 Germany. Go read some history that wasn’t (re)written by closet communists.
Peace…….by any means neccessary.
Get with the program, dipshit. Your Maximum Leader has long conceded this point.
From the opinion:
It is undisputed that Defendants have
publicly admitted to the following: (1) the TSP exists; (2) it operates without warrants; (3) it targets
communications where one party to the communication is outside the United States, and the
government has a reasonable basis to conclude that one party to the communication is a member of
al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or
working in support of al Qaeda. As the Government has on many occasions confirmed the veracity
of these allegations, the state secrets privilege does not apply to this information.
“The concept behind a more perfect union is greater freedom, not less freedom.”Thats from Lincoln BTW not any of the founders.
Hence the “Bill of Rights”
Constitutionally, in this case the president, must balance the needs of the country as a whole against those rights.One of the few things our constitution actually empowers the federal government to do is to protect us. The time has long past when we could hide behind two great oceans and make snide comments about how the rest of the world does business.
Another aside; You can thank FDR for starting the practice of monitoring all overseas communications.
TWsecond Anybody wanna guess why there is a secondamendment?
Davey, have you bothered to read any of the criticism of the idiot judge’s decision?
So, either you think this ruling is not such a ruling or you are typing death threats. Which is it?
Another death threat? It positively reeks of desperation in here. You guys must wonder daily when some event will conform with your twisted world view. It must be very frustrating. But, still, death threats are over the line, I don’t care how big a tantrum you’re throwing.
Undisputed, eh?
it targets communications where one party to the communication is outside the United States, and the
government has a reasonable basis to conclude that one party to the communication is a member of
al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or
working in support of al Qaeda.
So all the mouth sounds the left has been making about “Domestic spying” is just so much lying wind? Thought so. Thanks for helping.
Full meltdown mode right out of the gate in this thread, eh david?
Listening in on overseas communication is NOT illegal, AND it is credited with helping to stop at least one terrorist attack on our soil. So naturally, you would be one who wishes to shut it down. Why do you elevate liberty over life david?
The decision is a bad one, and it won’t stand.
What does any of that have to do with your idiot girlfriend questioning universally stipulated facts, dick?
david, what part of those admissions do you have a problem with? Targeting communications out of the country with Al-Qaeda?
Anyway, Before posting crap like “Get with the program, dipshit.”, I suggest you read over this. <a http://www.blackfive.net/main/2006/08/wiretap_ruling_.html” target=
By the way, do you know who the defendants and plainiffs are?
Ladies and Gentlemen, behold David, the left’s new champion come to crush us with his mighty twin arms of Logic and Rhetoric.
………….. or profanity laced ad hominimes
BECAUSE OF THE UNDERLYING NUANCE!!
TW: Before
Haven’t we been down this road _____ ?
Wow.
Not even trying to be civil, eh, davey?
FOAD. P.
Well, that didn’t work, try this…
http://www.blackfive.net/main/2006/08/wiretap_ruling_.html
Stupid spellings…….
The keyboards trickes us, it does.
You obviously don’t know what you are talking about.
Bullshit
Bullshit. Nobody wants to shut down surveillance and you know it, liar.
Why are you a frightened little girl?
Since we’ve established you don’t know what the fuck you are talking about and you are a proven liar, we’ll save this quote for the “I told you so” portion of the program.
I do think I got an answer to my question, though: Davey has not read ANY criticism of the decision.
david –
There is no escaping the conclusion that you are a suicidal moron.
Why the fuck don’t you get out of that dizzy little brain of yours, and come outside and take a look at the real world?
You have no idea how many people are becoming furious with assholes like you who are somehow incapable of seeing past the end of their own noses.
The good side to your lack of logical skills is that every time you open your thoughtless piehole, you make someone else see the truth about the real world. Every post here (and elsewhere, I would guess) has the exact opposite effect of what you wish for. I guess I have to thank you for that.
It was a joke, shitforbrains.
You know, I quip, you laugh?
Or are you one of those reactionary liberals who have a humorectomy and then celebrate afterwards with a party and a speech: “Today I am an asshelmet!”
OT, how do you pull off that cool trick of turning a link into a word in a sentence? I can’t figure that one out.
I don’t have time for this crap, today. But, as I ride off into the sunset, keep in mind that every. freaking. recent. event. in. the. world. requires you guys to go on defense in this cesspool of yours. Are you sensing a pattern? I mean really, what will it take for you people to pull your heads out of your asses?
Bye.
Anyway, let’s just let the adults talk here:
o How soon will this be reversed?
o Will Taylor face any repercussions for her judicial misbehavior (ie, failing to cite precedent counter to her decision)?
Every event on the defensive? I seem to recall some sort of plot exposed last week. That was really defensive and reactionary of us, now wasnt it.
Wow, the moron fisked my comment. I guess he really told me.
Eh. If he’d actually bothered to provide evidence, rather than waving his paw and saying “bah!”, it would be a fisking. Instead it’s just a rant.
Read it in a whiny little-girl voice for the full effect.
David, David, David,
Your not serious are you? this has to be a joke right? You are just trying to rile the crowd right? I mean, come on now, NOBODY CAN BE THAT FUCKING STUPID!!! There I said it, now you can go and drink your Kool-Aid and try to play nice with all the other Kos kids. Run along now…..
I want to change the Constitution so I can have sex with monkeys.
david: Clearly, you are on the verge of a breakdown. You’re been running around for the last few days emptying your bowels all over the place. What’s the matter? Lamont falling behind? You should see a doctor for your incontinence.
You people are. invariably. blind. to. irony.
Anyway, it may have something to do with apoplectic self-assured twatwaffles like yourself who turn every. freaking. recent. event. in. the. world. into a political attack.
If a retard wearing a helmet attacks me with a baseball bat 24/7, it doesn’t mean my self-defense is an admission of guilt. It means I’m being attacked by a retard with a bat.
And after I get tired of having all of the that hot-monkey-sex, I want to change the Constitution so I can have sex with dolphins.
every.freaking.recent.event in the world confirms that you were educated by left wing dipshits instead of teachers. I love the way you use logic the same way that politicians use statistics.
There actually is “truth”, david. But in this world, it needs to be supported by facts. Unfortunately, you seem to be getting your facts from DU and Kos.
Enough of you. Just make sure you smoke a lot more weed. There is nothing like a little pot to fuel your paranoia.
Happy fuckin’ Friday.
TW: spring – are you sure that shouldn’t be Schwing! ?
What about retards with keyboards?
Why not just swim out to international waters and have a go at it?
Natesnake,
Hot monkey sex? Sounds like a movie to me….And for godsakes, stay away from Flipper….
Well, you could always transport a gull across a state lion for immoral porpoises.
Twatwaffle?
I do declare!
Techie,
There was no plot: it was a hoax, donchya know. There is no terrorist threat, that has long been established. The Bush Administration has no reason to surveil anyone, anywhere.
dDavid has spoken. Time to shut down this website.
TW: Judge Anna Diggs-Taylor ordered the Terrorist Surveilance Program shut down. It’s now in your corner, dDavid.
BECAUSE THE CONSTITUTION IS A LIVING DOCUMENT AND I WANT TO HAVE SEX WITH DOLPHINS IN THE PRIVACY OF MY OWN BATHTUB!
Much less dangerous, much more obnoxious. At least until they start organizing and forming mobs, which I’d say they’re a couple years and a couple melt downs away from yet.
He stormed off in a huff. Apparently he sensed we weren’t going to bow to his unsupported assertions and circular reasoning.
David,
Thanks for stoping by we really enjoyed talking to…….er……at you about world events. All of the facts……..scratch that……insults you posed really helped the debate on the issue. To help you in further such trolling I have a few suggestions for you.
1. Try using your big boy voice for a change as most of us have transitioned into adulthood and have kids we tend to tune you out automatically.
2. Give us directions to LA-LA land as we could all use use a break from where we live (a place called reality)
3. find a cure for your complete ignorance of the situation (a little light reading ought to do it)
4. Purchase a glass stomach to facilitate #3
Anyway, thanks again for stoping by and dazzeling us with your intelect and I hope these suggestions help you in your future trolling!
As my political philosophy teacher put it
“Circular Reasoning Leaves No Loose Ends”
What’s not to love?
TW: power
Power Overwhelming…
Really? In 2004, a number of Bush-Cheney campaign offices were swarmed by “protestors” trying to force their way inside. It happened in multiple states, all on the same day. There were a few injuries and lots of vandalism.
Oddly, no one (reporter or prosecutor) ever bothered to figure out why it was so well coordinated.
natesnake
I can tell you are new at this, don’t you know how hard it is to get dolphin sex stains out of bathtubs? Besides which, it’s damn near impossible to get them to go down the drain when you are done. For some reason, even suggesting they leave the tub in this way offends them.
Monkeys are cool with it though.
Actually, I think we’re closer than that. If the Repubs win this fall, I’d expect to see leftist extremism take a quantum leap.
david: You need a kleenex or something?
What do you mean “if”?
dDavid, this is far from over, and you’re a deeply unserious person. You come in here calling other posters “dipshits” right off the bat, while more sober people (even the WaPo editorial board, fer Chrissakes) see a number of real problems with the judge’s opinion, and colorable arguments on both sides.
Did you read the Cunningham piece? Have you read Lederman over at Balkin’s blog? Anyone at Volokh? Are you even considering arguments adverse to your own, or are you in Snoopy-dance mode? You pull a drive-by, insulting people and running away. You haven’t even got the backbone to leave a real e-mail address. Very adult of you.
I think the FISA objection’s going to stand up ultimately (who knows?), but she’s in for a spanking on nearly everything else. Someone, don’t remember who, said (and I paraphrase) “I hope the ACLU lawyers brief the 6th circuit better than this opinion does.” No kidding.
One of these days we’re gonna nail that damn pet door shut and little-d David won’t be able to get in.
I think you are absolutely correct. The purge of Lieberman for the Democratic Party is just a precursor.
It wouldn’t surprise me if a new breed of liberal domestic terrorism is born. It’s already a staple of PETA and Greenpeace.
Jaysus Christ, these people worship the likes of Che.
I’m with you nate.
I may be naked and coverend in panda love, but I still want my hot dolphin sex.
Karl R., don’t you think you’re laying it on a little too think with your lefty parody-commenter “david”? I mean seriously. This isn’t DU.
**sniff, sniff**
I miss Ling Ling.
Where did Dave go?
I’m waiting for examples. He sounded like he knew stuff.
What color horse did he ride off on?
Pale yellow.
If you thought we had troubles before, it may interest you to know that david is/was a marine.
Phinn: I was assuming a dispassionate pose. Of course, the Repubs are going to win this fall. Unfortunately, I suspect it’s going to entail having to learn how to protect myself from some of my fellow citizens. O well.
Eh. I knew a former marine named david. He got booted for smoking dope. He also once had a girlfriend who was a hooker, and had no idea. I’m thinking this david is his twin.
As a service to the Protein Wisdom community, and since I live in Boulder, where I have perforce been required to learn fluent moonbat, I shall essay a simultaneous translation of David’s screed.
I’m losing.
I don’t know how to punctuate, and I’m still losing. Plus, no one told me there would be a test on the actual decision.
Have you noticed that we come back and make the same complaints over and over again?
Don’t you know that we’re right and you’re wrong? You don’t need any better argument than that.
Is it payday yet, Mr Soros?
Either you’ve never actually seen a dolphin, or you’ve got some big goddamn bathtub.
Three hours later?
To be absolutely serious, I doubt we’re going to have to wait that long.
Predictions:
* at least one Republican campaign office will be firebombed this year. (My top candidate would be Steele in MD; for this purpose I will count a Lieberman office as well.)
* at least one Republican campaign gathering will be disrupted by a “spontaneous” gang.
* there will be more than one aggravated assult on a Republican campaign worker, and I’d give even money of at least one murder.
It was simultaneous for me.
Er, FISA doesn’t “forbid” these things.
Of course you’ve never read the law…
Sadly, I think those are pretty good predictions.
Charlie,
Can you think in moonbat? ‘Cause, frankly, that can cause dementia, incoherance, and eventual suicide.
For your sake, be careful my friend, and try and advoid simultaneous translations.
I’ve seen Charlie in action. And, believe me, three hours is the speed of light.
shortly after parking your cement truck having solved your most difficult case yet!
TW: everything‘s better with ninjas!
Of course if Judge Anna Diggs Taylor, becomes a widow and then has a whirlwind romance with Howie Long while he’s broadcasting a Lions game, then divorces him, but must keep his last name as prescribed in the prenup, then meets Andy Dick during a liberal mixer and runs to Vegas for a chapel wedding………….
Why change the Constitution to have sex with monkeys or dolphins, when there are hot models galore available? Or even cute cheerleaders with nice breasts? Please!!!
TW: fiscal. Uh oh. What is this going to cost me?
But seriously, folks, ain’t it a shame that judges can’t be removed from office for gross incompetence?
I’m from Chicago where public officials are promoted for gross incompetence, so I wouldn’ know.
Ah, finally, an excuse…
TW: strength: as in
‘Really, how much strength would be needed to drive the blue staters into the sea?’