contact
Main
Contact Me

about
About RightWing NutHouse

Site Stats

blog radio



Amazon Honor System Click Here to Pay Learn More

testimonials

"Brilliant"
(Romeo St. Martin of Politics Watch-Canada)

"The epitome of a blogging orgasm"
(Cao of Cao's Blog)

"Rick Moran is one of the finest essayists in the blogosphere. ‘Nuff said. "
(Dave Schuler of The Glittering Eye)

archives
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004

search



blogroll

A CERTAIN SLANT OF LIGHT
ABBAGAV
ACE OF SPADES
ALPHA PATRIOT
AM I A PUNDIT NOW
AMERICAN FUTURE
AMERICAN THINKER
ANCHORESS
AND RIGHTLY SO
ANDREW OLMSTED
ANKLEBITING PUNDITS
AREOPAGITICA
ATLAS SHRUGS
BACKCOUNTRY CONSERVATIVE
BASIL’S BLOG
BEAUTIFUL ATROCITIES
BELGRAVIA DISPATCH
BELMONT CLUB
BETSY’S PAGE
Blacksmiths of Lebanon
Blogs of War
BLUEY BLOG
BRAINSTERS BLOG
BUZZ MACHINE
CANINE PUNDIT
CAO’S BLOG
CAPTAINS QUARTERS
CATHOUSE CHAT
CHRENKOFF
CINDY SHEEHAN WATCH
Classical Values
Cold Fury
COMPOSITE DRAWLINGS
CONSERVATHINK
CONSERVATIVE THINK
CONTENTIONS
DAVE’S NOT HERE
DEANS WORLD
DICK McMICHAEL
Diggers Realm
DR. SANITY
E-CLAIRE
EJECT! EJECT! EJECT!
ELECTRIC VENOM
ERIC’S GRUMBLES BEFORE THE GRAVE
ESOTERICALLY.NET
FAUSTA’S BLOG
FLIGHT PUNDIT
FOURTH RAIL
FRED FRY INTERNATIONAL
GALLEY SLAVES
GATES OF VIENNA
HEALING IRAQ
http://blogcritics.org/
HUGH HEWITT
IMAO
INDEPUNDIT
INSTAPUNDIT
IOWAHAWK
IRAQ THE MODEL
JACKSON’S JUNCTION
JO’S CAFE
JOUST THE FACTS
KING OF FOOLS
LASHAWN BARBER’S CORNER
LASSOO OF TRUTH
LIBERTARIAN LEANINGS
LITTLE GREEN FOOTBALLS
LITTLE MISS ATTILA
LIVE BREATHE AND DIE
LUCIANNE.COM
MAGGIE’S FARM
MEMENTO MORON
MESOPOTAMIAN
MICHELLE MALKIN
MIDWEST PROGNOSTICATOR
MODERATELY THINKING
MOTOWN BLOG
MY VAST RIGHT WING CONSPIRACY
mypetjawa
NaderNow
Neocon News
NEW SISYPHUS
NEW WORLD MAN
Northerncrown
OUTSIDE THE BELTWAY
PATRIOTIC MOM
PATTERICO’S PONTIFICATIONS
POLIPUNDIT
POLITICAL MUSINGS
POLITICAL TEEN
POWERLINE
PRO CYNIC
PUBLIUS FORUM
QUESTIONS AND OBSERVATIONS
RACE42008
RADICAL CENTRIST
Ravenwood’s Universe
RELEASE THE HOUNDS
RIGHT FROM LEFT
RIGHT VOICES
RIGHT WING NEWS
RIGHTFAITH
RIGHTWINGSPARKLE
ROGER L. SIMON
SHRINKRAPPED
Six Meat Buffet
Slowplay.com
SOCAL PUNDIT
SOCRATIC RYTHM METHOD
STOUT REPUBLICAN
TERRORISM UNVEILED
TFS MAGNUM
THE ART OF THE BLOG
THE BELMONT CLUB
The Conservative Cat
THE DONEGAL EXPRESS
THE LIBERAL WRONG-WING
THE LLAMA BUTCHERS
THE MAD PIGEON
THE MODERATE VOICE
THE PATRIETTE
THE POLITBURO DIKTAT
THE PRYHILLS
THE RED AMERICA
THE RESPLENDENT MANGO
THE RICK MORAN SHOW
THE SMARTER COP
THE SOAPBOX
THE STRATA-SPHERE
THE STRONG CONSERVATIVE
THE SUNNYE SIDE
THE VIVID AIR
THOUGHTS ONLINE
TIM BLAIR
TRANSATLANTIC INTELLIGENCER
TRANSTERRESTRIAL MUSINGS
TYGRRRR EXPRESS
VARIFRANK
VIKING PUNDIT
VINCE AUT MORIRE
VODKAPUNDIT
WALLO WORLD
WIDE AWAKES
WIZBANG
WUZZADEM
ZERO POINT BLOG


recentposts


TIME TO FORGET MCCAIN AND FIGHT FOR THE FILIBUSTER IN THE SENATE

A SHORT, BUT PIQUANT NOTE, ON KNUCKLEDRAGGERS

THE RICK MORAN SHOW: STATE OF THE RACE

BLACK NIGHT RIDERS TERRORIZING OUR POLITICS

HOW TO STEAL OHIO

IF ELECTED, OBAMA WILL BE MY PRESIDENT

MORE ON THOSE “ANGRY, RACIST GOP MOBS”

REZKO SINGING: OBAMA SWEATING?

ARE CONSERVATIVES ANGRIER THAN LIBERALS?

OBAMA IS NOT A SOCIALIST

THE NINE PERCENTERS

THE RICK MORAN SHOW: MCCAIN’S GETTYSBURG

AYERS-OBAMA: THE VOTERS DON’T CARE

THAT SINKING FEELING

A DEATH IN THE FAMILY

AND NOW FOR SOMETHING COMPLETELY INSANE: THE MOTHER OF ALL BIDEN GAFFES

PALIN PROVED SHE BELONGS

A FRIEND IN NEED

THE RICK MORAN SHOW: VP DEBATE PREVIEW

FAITH OF OUR FATHERS

‘Unleash’ Palin? Get Real

‘OUTRAGE FATIGUE’ SETTING IN

YOUR QUESTIONS ABOUT THE DEBATE ANSWERED HERE

CONSERVATIVE COLUMNIST ASKS PALIN TO WITHDRAW

A LONG, COLD WINTER


categories

"24" (96)
ABLE DANGER (10)
Bird Flu (5)
Blogging (198)
Books (10)
CARNIVAL OF THE CLUELESS (68)
Caucasus (1)
CHICAGO BEARS (32)
CIA VS. THE WHITE HOUSE (28)
Cindy Sheehan (13)
Decision '08 (288)
Election '06 (7)
Ethics (172)
Financial Crisis (8)
FRED! (28)
General (378)
GOP Reform (22)
Government (123)
History (166)
Homeland Security (8)
IMMIGRATION REFORM (21)
IMPEACHMENT (1)
Iran (81)
IRAQI RECONCILIATION (13)
KATRINA (27)
Katrina Timeline (4)
Lebanon (8)
Marvin Moonbat (14)
Media (184)
Middle East (134)
Moonbats (80)
NET NEUTRALITY (2)
Obama-Rezko (14)
OBAMANIA! (73)
Olympics (5)
Open House (1)
Palin (5)
PJ Media (37)
Politics (649)
Presidential Debates (7)
RNC (1)
S-CHIP (1)
Sarah Palin (1)
Science (45)
Space (21)
Sports (2)
SUPER BOWL (7)
Supreme Court (24)
Technology (1)
The Caucasus (1)
The Law (14)
The Long War (7)
The Rick Moran Show (127)
UNITED NATIONS (15)
War on Terror (330)
WATCHER'S COUNCIL (117)
WHITE SOX (4)
Who is Mr. Hsu? (7)
Wide Awakes Radio (8)
WORLD CUP (9)
WORLD POLITICS (74)
WORLD SERIES (16)


meta

Admin Login
Register
Valid XHTML
XFN







credits


Design by:


Hosted by:


Powered by:
12/28/2005
THE LAW OF INTENDED CONSEQUENCES

Fallout continues from the New York Times hit piece on the NSA intercept program as now the defense lawyers for terrorist suspects want to know if their clients were caught up in the government’s digital dragnet:

Defense lawyers in some of the country’s biggest terrorism cases say they plan to bring legal challenges to determine whether the National Security Agency used illegal wiretaps against several dozen Muslim men tied to Al Qaeda.

The lawyers said in interviews that they wanted to learn whether the men were monitored by the agency and, if so, whether the government withheld critical information or misled judges and defense lawyers about how and why the men were singled out.

The expected legal challenges, in cases from Florida, Ohio, Oregon and Virginia, add another dimension to the growing controversy over the agency’s domestic surveillance program and could jeopardize some of the Bush administration’s most important courtroom victories in terror cases, legal analysts say.

To say that this was a predictable outgrowth of the New York Times leaking the top secret NSA intercept program is an understatement. In fact, since the Times sat on the story for a year and thus had ample time to examine all the potential consequences of publishing the information, one can only come to the conclusion that the paper’s editors wanted to throw a great big monkey wrench into the Administration’s efforts to not only monitor terrorists but prosecute them as well.

As David Ignatius points out in this Washington Post Op-Ed, the spin given to the NSA program was designed to put it in the worst possible light while omitting pertinent facts that would have given much needed perspective to the story:

We know only the barest outlines of what the NSA has been doing. The most reliable accounts have appeared in the New York Times, the newspaper that broke the story. Although the headline has been “warrantless wiretapping,” the Times accounts suggest the program actually was something closer to a data-mining system that collected and analyzed vast amounts of digitized data in an effort to find patterns that might identify potential terrorists.

As I pointed out here, the use of the inflammatory term “wiretapping” is a misnomer. The act of wiretapping is illegal without a warrant and involves actually listening in to the conversations of the person being targeted. The intercept program instead probably scooped up massive amounts of data using computer algorithms to identify key words and voices and then may have cross referenced any “hits” with information in private data bases like credit card companies and airlines. How this amounts to “wiretapping” in any but the most partisan mind is a mystery.

Ignatius also outlines the problems for the Fourth Amendment purist critique of the program:

The legal problems, as Arkin suggests, involve the dots—what digital information can the government legitimately collect and save for later analysis, and under what legal safeguards? As it trolls the ocean of data, how can the government satisfy legal requirements for warrants that specify at the outset what may only be clear at the end of the search—namely, specific links to terrorist groups? These and other questions will vex lawyers and politicians in the coming debate, but they aren’t a reason for jettisoning these techniques.

The Times story answers these questions by showing how terrorist defense lawyers will exploit the leak of the classified program:

At the same time, defense lawyers in terrorism cases around the country say they are preparing letters and legal briefs to challenge the N.S.A. program on behalf of their clients, many of them American citizens, and to find out more about how it might have been used. They acknowledge legal hurdles, including the fact that many defendants waived some rights to appeal as part of their plea deals.

Government officials, in defending the value of the security agency’s surveillance program, have said in interviews that it played a critical part in at least two cases that led to the convictions of Qaeda associates, Iyman Faris of Ohio, who admitted taking part in a failed plot to bring down the Brooklyn Bridge, and Mohammed Junaid Babar of Queens, who was implicated in a failed plot to bomb British targets.

David B. Smith, a lawyer for Mr. Faris, said he planned to file a motion in part to determine whether information about the surveillance program should have been turned over. Lawyers said they were also considering a civil case against the president, saying that Mr. Faris was the target of an illegal wiretap ordered by Mr. Bush. A lawyer for Mr. Babar declined to comment.

By seeking this kind of information, the lawyers for suspected terrorists will see to it that as many details as possible about the program come to light. Many of them have already proven that they will flood the courts with motions, some of them frivolous such as the motion filed on behalf of a Guantanamo inmate alleging that the prison library didn’t carry a certain book. If allowed to do so, the lawyers could tie these cases up for years.

This brings us back to the questions surrounding the intercepts themselves and the reasons for not seeking warrants in the first place. As I pointed out yesterday, the Federal Intelligence Surveillance Court (FISC) was giving the Administration a hard time regarding many of the requests for warrants. In fact, after going some 22 years with never turning down or even modifying a warrant request, starting in 2002, the FISC court flatly turned down 4 or 5 warrants outright and modified 179 others. The reason may have to do with the mechanics of how the government goes about getting a warrant from FISC.

An amendment to the law authorizing the FISC contained in the Patriot Act stipulated that at least 3 judges on the panel would have to live within 20 miles of Washington. This may reflect problems in the past with expediting the process of getting a warrant. And the FISA act mandates that the government present its case to one judge only – they cannot take “two bites of the apple” by simply walking it down the hall and presenting it to another judge.

Why are these two facts relevant. The judge most likely to be “on call” and therefore the one most likely to preside over the bulk of the warrant hearings was none other than the judge who recently resigned from the FISC court, James Robertson.

And herein may lie the reason why the Bush Administration decided that FISA needed to be bypassed in order to safeguard the country.

Robertson, a holdover on the FISC from the Clinton era, has a resume that reveals not only strong liberal (and Democratic Party) credentials but also a purists approach to the Bill of Rights.

In fact, Judge Robertson was in the forefront of the civil rights movement in the 1970’s, certainly a noble calling for which he should be commended. He served as Chief Counsel of the Lawyers Committee for Civil Rights Under Law. He was also President of the Southern Africa Legal Services and Legal Education Project in the 1980’s. For political connections, he was employed by Wilmer, Cutler, and Pickering which is one of the top Democratic party law firms in Washington.

An impeccable pedigree for someone serving on one of the most liberal District Courts in the Country – the US District Court – District of Columbia. But is this someone with the judicial temperament to serve on a court that by its very nature skirts a very fine line between civil liberties and the needs of government to protect us from attack?

I am sure Judge Robertson is an honorable man. But could a myopic view of terrorism and the terrorist threat have hindered the Administration in its efforts to prevent terrorist attacks? An attitude that terrorists are criminals may have in fact permeated most of the FISC court in which case, the judges may have been looking for justification for warrants based on probable cause regarding criminality rather than preventing terrorist attacks.

This may be where the real divide exists between those who see the searches as a gross violation of the Constitution and those who believe it was necessary to safeguard America. It may very well be that the FISC court was not able to make the intellectual and psychic transition from a court charged with oversight of government actions regarding criminals to one whose mission was to allow the government significant leeway in its efforts to prevent another attack. And if this were the case, the Administration’s actions in bypassing the FISC court make sense.

Whether it was truly necessary remains to be seen. But having a civil libertarian like Robertson sitting on a court where speed was of the essence and lines were blurred between terrorists and criminals could not have been conducive to getting the most out of the NSA intercept program.

By: Rick Moran at 9:04 am
21 Responses to “THE LAW OF INTENDED CONSEQUENCES”
  1. 1
    Michelle Malkin Trackbacked With:
    10:15 am 

    CAIR AND THE MSM: ABETTING TERRORISM

    You knew this was going to happen, didn’t you? CAIR FILES FOIA REQUEST ON RADIATION MONITORING OF MUSLIM SITES Request seeks list of Muslim homes, businesses, mosques targeted under secret program (WASHINGTON, D.C., 12/27/05) – A prominent national Is…

  2. 2
    Unpartisan.com Political News and Blog Aggregator Trackbacked With:
    11:32 am 

    Terror defendants plan to challenge evidence

    WASHINGTON — Defense attorneys in some of the biggest terrorism cases plan to file legal chall

  3. 3
    Definitive Article » Blog Archive » NYT Fallout Pinged With:
    12:33 pm 

    [...] NYT Fallout Right Wing Nut House has more on the fallout from the Times pi [...]

  4. 4
    mkultra Said:
    1:16 pm 

    You would make a helluva a defense attorney yourself, given your defense of lawbreakers.

    This is the latest right wing talking point: suggest this issue is complicated when it is not. You obviously don’t a goddamm thing about the law.

  5. 5
    mkultra Said:
    1:17 pm 

    don’t know, that is

  6. 6
    mkultra Said:
    1:19 pm 

    BTW - where did you get your law degree from? Where did you sit for the bar? And why is that every winger who has never spent a day in law school feels qualified to talk about the issues?

  7. 7
    Rick Moran Said:
    1:50 pm 

    Mkultra:

    If you’ve read my posts on this subject, you’d know that I think the jury is still out on whether or not the law was broken.

    Perhaps you can tell us exactly how the NSA program worked. What’s that? Speak up idiot!

    You mean…YOU DON’T KNOW?

    How can you say the law is broken if you don’t even know what happened?

    And for someone who knows the law, isn’t there something in one of them lawr books about, you know, being INNOCENT UNTIL PROVEN GUILTY??

    You are not a serious person. And because you are not a serious person with anything serious to say, you are banned from commenting on this site again.

  8. 8
    diamond Said:
    5:29 pm 

    Where did that a@@hole JASON go? Anyway, your title and first sentense, nuff said.

  9. 9
    diamond Said:
    5:29 pm 

    your title and first sentense, nuff said.

  10. 10
    Small Town Veteran Trackbacked With:
    8:03 pm 

    Jihadis and Wiretaps and Moonbats! Oh, My!—Part 2

    (Click here for some earlier related posts.)FISA vs. the Constitution Congress can’t usurp the president’s power to spy on America’s enemies. Robert F Turner [Mr. Turner, co-founder of the Center for National Security Law at the University of Virgin…

  11. 11
    Michael L. Cook Said:
    1:00 am 

    I work in criminal corrections (google search Why the Innocent Plead Guilty to see my synopsis of American justice)and I have long been an advocate for the idea that the greatest counter-terrorism device we could employ would be a lie detector machine that really works well.

    Along that line, some years I began investigating the use of functional magnetic resonance imaging machines on subjects’skulls during an actual interrogation session. My idea was that the process of creating a lie (which often has to be done ad lib in order to defend a major lie already on the table) must fire up the creative portions of the mind. Functional MRI should actually show this shift of metabolic activity in the brain.

    The actual truth and well-rehearsed lies are both stored in the long-term memory. My idea is that when new ad-lib lies are created to embellish and defend a false story, they first have to be stored in short-term memory before they can convert to long-term in a couple weeks.

    The thing is, we know that certain drugs completely fry the short-term memory process. So, immediately after interrogating someone under Functional MRI, all we have to do is give them such drugs and put them in a distracting environment where they do not even have pencil and paper for a month.

    This could be done someplace like Guantanimo rather easily. After a month is passed, we interrogate them again over the same ground. When we come to the places where they had to generate ad-lib lies they will not be able to remember the exact lies they created. So they will make up new lies, probably differing significantly in details. By repeating this process we should be able to shake their confidence that they can lie successfully at all.

    Incidentally, when I started researching the Functional MRI lie detection concept, I discovered that in the mid-1990’s the CIA began funding such research at the University of California, Berkeley.
    I have not found what the results of this study may have been.

  12. 12
    Stop The ACLU Trackbacked With:
    3:06 pm 

    ACLU Launch Propaganda Over NSA

    NEW YORK – In a full-page advertisement in today’s New York Times, the American Civil Liberties Union intensified its call for a special counsel to be appointed to determine whether President George W. Bush violated federal wiretapping laws …

  13. 13
    The Museum of Left Wing Lunacy Trackbacked With:
    5:09 pm 

    ACLU Puts Propaganda In NY Times

    Crossposted from Stop The ACLU NEW YORK – In a full-page advertisement in today’s New York Times, the American Civil Liberties Union intensified its call for a special counsel to be appointed to determine whether President George W. Bush violated…

  14. 14
    Conservative Thinking Trackbacked With:
    5:16 pm 

    ACLU Propaganda

    Crossposted from Stop The ACLU NEW YORK – In a full-page advertisement in today’s New York Times, the American Civil Liberties Union intensified its call for a special counsel to be appointed to determine whether President George W. Bush violated…

  15. 15
    Chris Said:
    9:05 am 

    Here comes the irony. By making it more difficult for the administration to prosecute people in this country, this increases the likelihood that at some point, the legal niceties will cease to be considered, and dangerous people will just disappear.

    BTW, I believe this outcome to be far more likely under a liberal government than a conservative one, as liberals tend to favor the end over the means.

  16. 16
    nuulmmnlz Trackbacked With:
    6:02 pm 

    lpsitkyq

    ntyapvsno rleeygedyo nsavamcrfo

  17. 17
    adult personal Trackbacked With:
    10:50 pm 

    adult personal

    kypfaszcps fhnibswdg poqxzzrc

  18. 18
    russian woman dating Trackbacked With:
    8:43 pm 

    russian woman dating

    wqyfjujens ugjehlxilow vcgeeoewur

  19. 19
    sex cam lesbian Trackbacked With:
    11:04 am 

    sex cam lesbian

    sex cam lesbian sex cam lesbian sex cam lesbian sex cam lesbian sex cam lesbian naekmamteo

  20. 20
    sex story post Trackbacked With:
    12:09 am 

    sex story post

    sex story post sex story post sex story post sex story post sex story post dtdocyqg

  21. 21
    fetish latex clothes Trackbacked With:
    7:16 am 

    fetish latex clothes

    fetish latex clothes fetish latex clothes fetish latex clothes fetish latex clothes fetish latex clothes lgpuqbbpay

RSS feed for comments on this post.

The URI to Trackback this entry:
http://rightwingnuthouse.com/archives/2005/12/28/the-law-of-intended-consequences/trackback/

Leave a comment