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	<title>Comments on: AN UNSCHOLARLY, NON-LAWYERLY OPINION ON THE NSA DECISION</title>
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	<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/</link>
	<description>Politics served up with a smile... And a stilletto.</description>
	<pubDate>Thu, 30 Apr 2026 14:57:59 +0000</pubDate>
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		<title>By: J Winstead...old fart</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-296071</link>
		<dc:creator>J Winstead...old fart</dc:creator>
		<pubDate>Thu, 24 Aug 2006 06:04:00 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-296071</guid>
		<description>Hey Rick..you old libertine bubba...where are you?</description>
		<content:encoded><![CDATA[<p>Hey Rick..you old libertine bubba&#8230;where are you?</p>
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		<title>By: J Winstead...old fart</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-295294</link>
		<dc:creator>J Winstead...old fart</dc:creator>
		<pubDate>Wed, 23 Aug 2006 18:25:54 +0000</pubDate>
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		<description>Cant tell you Rick.....it's a secret....but I bet Carl Rove or Louis Libby could.</description>
		<content:encoded><![CDATA[<p>Cant tell you Rick&#8230;..it&#8217;s a secret&#8230;.but I bet Carl Rove or Louis Libby could.</p>
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		<title>By: Rick Moran</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-294776</link>
		<dc:creator>Rick Moran</dc:creator>
		<pubDate>Wed, 23 Aug 2006 07:54:01 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-294776</guid>
		<description>You don't need a bridge to sell.  All you need is one iota of proof that these programs have been used injudiciously. That they've been used to spy on political opponents or anti war people.

Not. One. Iota. Just whatever paranoid fantasies  you can make up out of whole cloth.</description>
		<content:encoded><![CDATA[<p>You don&#8217;t need a bridge to sell.  All you need is one iota of proof that these programs have been used injudiciously. That they&#8217;ve been used to spy on political opponents or anti war people.</p>
<p>Not. One. Iota. Just whatever paranoid fantasies  you can make up out of whole cloth.</p>
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		<title>By: J Winstead...old fart</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-294724</link>
		<dc:creator>J Winstead...old fart</dc:creator>
		<pubDate>Wed, 23 Aug 2006 06:26:23 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-294724</guid>
		<description>I got on this website by mistake....I was looking for a certain type of grocery....however, after reading the commentary and the comments...especially those sticking up for the integrety of this administration concerning the privacy of the American people...wow...if you guys really believe that Carl Rove won't abuse it..well I have a bridge to sell you..but it looks like you have already bought it..that means we are in big trouble...poor me.  Well, as the song by Borodn goes (like he was a famous dude under the Czar of Russia in the 1850s....far be it for me to make your brains hurt)..."Fly away on gentle breezes...fly swiftly, songs of love...to greet our homeland.  Where once we lived in hope and knew no sorrow, where once we sang rejoycing in our freedom.  There beneath the ardent sky languid breezes cooled us.  There the cloud-capped mountains dream.....above the murmuring sea".    Oh man...whats wrong with you guys?   Enough of this...back to the grocery website.</description>
		<content:encoded><![CDATA[<p>I got on this website by mistake&#8230;.I was looking for a certain type of grocery&#8230;.however, after reading the commentary and the comments&#8230;especially those sticking up for the integrety of this administration concerning the privacy of the American people&#8230;wow&#8230;if you guys really believe that Carl Rove won&#8217;t abuse it..well I have a bridge to sell you..but it looks like you have already bought it..that means we are in big trouble&#8230;poor me.  Well, as the song by Borodn goes (like he was a famous dude under the Czar of Russia in the 1850s&#8230;.far be it for me to make your brains hurt)&#8230;&#8221;Fly away on gentle breezes&#8230;fly swiftly, songs of love&#8230;to greet our homeland.  Where once we lived in hope and knew no sorrow, where once we sang rejoycing in our freedom.  There beneath the ardent sky languid breezes cooled us.  There the cloud-capped mountains dream&#8230;..above the murmuring sea&#8221;.    Oh man&#8230;whats wrong with you guys?   Enough of this&#8230;back to the grocery website.</p>
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		<title>By: Carol Johnson</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-294560</link>
		<dc:creator>Carol Johnson</dc:creator>
		<pubDate>Tue, 22 Aug 2006 23:21:53 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-294560</guid>
		<description>There are things we are just learning about Judge Diggs Taylor.  Check this out:

http://www.floppingaces.net/2006/08/22/judge-taylor-participated-in-45000-donation-to-the-aclu/

I don't know what to make of this yet.  It does strike me as an ENORMOUS conflict of interest in the very least.  There also seems to be a pattern emerging in another case involving another group before her court as a plaintiff.  Is there anything to this?

Carol</description>
		<content:encoded><![CDATA[<p>There are things we are just learning about Judge Diggs Taylor.  Check this out:</p>
<p><a href="http://www.floppingaces.net/2006/08/22/judge-taylor-participated-in-45000-donation-to-the-aclu/" rel="nofollow">http://www.floppingaces.net/2006/08/22/judge-taylor-participated-in-45000-donation-to-the-aclu/</a></p>
<p>I don&#8217;t know what to make of this yet.  It does strike me as an ENORMOUS conflict of interest in the very least.  There also seems to be a pattern emerging in another case involving another group before her court as a plaintiff.  Is there anything to this?</p>
<p>Carol</p>
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		<title>By: DaveG</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-292823</link>
		<dc:creator>DaveG</dc:creator>
		<pubDate>Mon, 21 Aug 2006 13:31:46 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-292823</guid>
		<description>&lt;i&gt;And as Iâ€™ve speculated recently, perhaps it will take a liberal President to make that happen.&lt;/i&gt;

"I'm going to cry and whine and hold my breath until I get my way."

Yes, I love the idea of giving in to their childish antics.  Nothing works quite as well as rewarding juvenile temper tantrums.  Yes, let's let them hold us hostage until we see the correctness of their infinite wisdom.</description>
		<content:encoded><![CDATA[<p><i>And as Iâ€™ve speculated recently, perhaps it will take a liberal President to make that happen.</i></p>
<p>&#8220;I&#8217;m going to cry and whine and hold my breath until I get my way.&#8221;</p>
<p>Yes, I love the idea of giving in to their childish antics.  Nothing works quite as well as rewarding juvenile temper tantrums.  Yes, let&#8217;s let them hold us hostage until we see the correctness of their infinite wisdom.</p>
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		<title>By: Ian McPhail</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-292537</link>
		<dc:creator>Ian McPhail</dc:creator>
		<pubDate>Mon, 21 Aug 2006 03:11:23 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-292537</guid>
		<description>Dear Rick,

Interesting articles, and you're 100% right about the tendency of courts and tribunals of all levels to write longer and more legalistic decisions.  

I won't pretend to know whether the NSA decision is good or bad law.  I do recall Ronald Reagan saying, and I know this may not be word for word accurate "People who are willing to surrender their liberty in order to gain security will usually end up losing both."

Too many conservatives, who ought to know better, have succumbed to this idea that everyone else in the world should adopt American style democracy or have it forced down their throats.  Again, I refer to Ronald Reagan.  The "Shining City on the hill" was meant as an example to inspire people.

The fundamental problem with the Iraq war is not its exection, horrendous as that has been.  In the case of war by choice or pre-emptive war, the case should be overwhelming.  The kindest thing that can be said about it is that the intelligence was defective.  It is crystal clear that Iraq under Hussein, who was a nasty character all around, had nothing to do with terrorism against the US.  The idea that the US invaded Iraq to establish a democratic state doesn't pass the laugh test.  People will argue for many years what the motivating factors actually were.  

But the US is now in a dilemma.  It can attempt to crush the resistance viz the French in Algeria, and demonstrate the talk about democracy to have been a fraud.  Or it can allow the democratic process to work, and see authority in the country assumed by the Shia, who want a theocratic state and closer relations with Iran.

All in all an unpleasant situation with no palatable answer.</description>
		<content:encoded><![CDATA[<p>Dear Rick,</p>
<p>Interesting articles, and you&#8217;re 100% right about the tendency of courts and tribunals of all levels to write longer and more legalistic decisions.  </p>
<p>I won&#8217;t pretend to know whether the NSA decision is good or bad law.  I do recall Ronald Reagan saying, and I know this may not be word for word accurate &#8220;People who are willing to surrender their liberty in order to gain security will usually end up losing both.&#8221;</p>
<p>Too many conservatives, who ought to know better, have succumbed to this idea that everyone else in the world should adopt American style democracy or have it forced down their throats.  Again, I refer to Ronald Reagan.  The &#8220;Shining City on the hill&#8221; was meant as an example to inspire people.</p>
<p>The fundamental problem with the Iraq war is not its exection, horrendous as that has been.  In the case of war by choice or pre-emptive war, the case should be overwhelming.  The kindest thing that can be said about it is that the intelligence was defective.  It is crystal clear that Iraq under Hussein, who was a nasty character all around, had nothing to do with terrorism against the US.  The idea that the US invaded Iraq to establish a democratic state doesn&#8217;t pass the laugh test.  People will argue for many years what the motivating factors actually were.  </p>
<p>But the US is now in a dilemma.  It can attempt to crush the resistance viz the French in Algeria, and demonstrate the talk about democracy to have been a fraud.  Or it can allow the democratic process to work, and see authority in the country assumed by the Shia, who want a theocratic state and closer relations with Iran.</p>
<p>All in all an unpleasant situation with no palatable answer.</p>
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		<title>By: Bat One</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-292417</link>
		<dc:creator>Bat One</dc:creator>
		<pubDate>Sun, 20 Aug 2006 20:51:59 +0000</pubDate>
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		<description>&lt;blockquote&gt;...even Dems on those committees have mostly kept their mouths shut, one wonders that if those who know more about this program than Judge Taylor or Lambchop arenâ€™t saying itâ€™s illegal and unconstitutional, how we do we square this with Taylorâ€™s decision?

Strange indeed.

Stranger still is the deafening silence from the left over the agreed upon stay of Judge Taylor's injunction against the NSA program.

Even "Lamchop," who castigates others for criticizing in Judge Taylor's opinion the vary same irrational incoherence which is his own congential mien, even he has had nothing of substance to say about the stay.

If the world is truly "going to hell in a handbasket" over this NSA surveillance program, if democracy is truly about to be wiped from the face of the earth as the shriekers would have us believe, if out ultimate doom is to result from this intelligence gathering effort, one from which no one single instance of injury has been established, then where are the cries of those doomed to perdition in the iterim?  Where is the indignation that the NSA program will continue in effect through the considerations of the 6th Circuit and beyond to the Supreme Court justices?&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>&#8230;even Dems on those committees have mostly kept their mouths shut, one wonders that if those who know more about this program than Judge Taylor or Lambchop arenâ€™t saying itâ€™s illegal and unconstitutional, how we do we square this with Taylorâ€™s decision?</p>
<p>Strange indeed.</p>
<p>Stranger still is the deafening silence from the left over the agreed upon stay of Judge Taylor&#8217;s injunction against the NSA program.</p>
<p>Even &#8220;Lamchop,&#8221; who castigates others for criticizing in Judge Taylor&#8217;s opinion the vary same irrational incoherence which is his own congential mien, even he has had nothing of substance to say about the stay.</p>
<p>If the world is truly &#8220;going to hell in a handbasket&#8221; over this NSA surveillance program, if democracy is truly about to be wiped from the face of the earth as the shriekers would have us believe, if out ultimate doom is to result from this intelligence gathering effort, one from which no one single instance of injury has been established, then where are the cries of those doomed to perdition in the iterim?  Where is the indignation that the NSA program will continue in effect through the considerations of the 6th Circuit and beyond to the Supreme Court justices?</p></blockquote>
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		<title>By: Andy</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-292253</link>
		<dc:creator>Andy</dc:creator>
		<pubDate>Sun, 20 Aug 2006 16:10:22 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-292253</guid>
		<description>If my understanding of FISA is correct, there are two basic standards - surveillance on US persons and surveillance on others.  Surveillance on US persons still requires a probable cause standard, though it is reduced.  For the purposes of intelligence, it may not be possible to meet intelligence requirements given the probable cause standard (though it is less than for criminal requirements).  I'm speculating here, but I'm betting this may be the reason for bypassing the FISA court.  It's not clear what the court's probable cause standard is in specific cases.  For example, would the court allow surveillance of every US phone number found on a captured terrorists phone?  There are also the time limitations with FISA.  90 days may seem like a lot, but given the fact that terrorist planning can take years, this isn't a large surveillance window.  Again, this is speculation on my part, but I'd guess the administration decided FISA carried too many restrictions.  Like others have said, it would have been preferable if the administration had worked with Congress to amend FISA or create a new system to meet it's needs.  But with the lack of detailed information and the politically selective leaks, it's hard to say exactly what has or hasn't happened internally.</description>
		<content:encoded><![CDATA[<p>If my understanding of FISA is correct, there are two basic standards - surveillance on US persons and surveillance on others.  Surveillance on US persons still requires a probable cause standard, though it is reduced.  For the purposes of intelligence, it may not be possible to meet intelligence requirements given the probable cause standard (though it is less than for criminal requirements).  I&#8217;m speculating here, but I&#8217;m betting this may be the reason for bypassing the FISA court.  It&#8217;s not clear what the court&#8217;s probable cause standard is in specific cases.  For example, would the court allow surveillance of every US phone number found on a captured terrorists phone?  There are also the time limitations with FISA.  90 days may seem like a lot, but given the fact that terrorist planning can take years, this isn&#8217;t a large surveillance window.  Again, this is speculation on my part, but I&#8217;d guess the administration decided FISA carried too many restrictions.  Like others have said, it would have been preferable if the administration had worked with Congress to amend FISA or create a new system to meet it&#8217;s needs.  But with the lack of detailed information and the politically selective leaks, it&#8217;s hard to say exactly what has or hasn&#8217;t happened internally.</p>
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		<title>By: Rick Moran</title>
		<link>http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/comment-page-1/#comment-292204</link>
		<dc:creator>Rick Moran</dc:creator>
		<pubDate>Sun, 20 Aug 2006 13:02:17 +0000</pubDate>
		<guid isPermaLink="false">http://rightwingnuthouse.com/archives/2006/08/19/an-unscholarly-non-lawyerly-opinion-on-the-nsa-decision/#comment-292204</guid>
		<description>Kreiz:

You make an excellent point and the way I'd answer it is that the reasons for a "warrantless" look at the communications of a terrorist here who is talking to another terrorist overseas and why even with the delayed FISA notification the Administration may have felt it unecessary to get a warrant cannot truly be known because so many of the technical details of this program are hidden from us.

This is no small thing. It absolutely floors me that so many have declared this program "unconstitutional" based on incomplete and perhaps even faulty information. After all, the NSA has NEVER confirmed the details that have been published about the program. And it is unclear whether people quoted in news reports had the full picture either.

This goes to Jeff Goldstein's summation; that in order to prove a secret program constitutional we have to destroy it.

It's nuts.</description>
		<content:encoded><![CDATA[<p>Kreiz:</p>
<p>You make an excellent point and the way I&#8217;d answer it is that the reasons for a &#8220;warrantless&#8221; look at the communications of a terrorist here who is talking to another terrorist overseas and why even with the delayed FISA notification the Administration may have felt it unecessary to get a warrant cannot truly be known because so many of the technical details of this program are hidden from us.</p>
<p>This is no small thing. It absolutely floors me that so many have declared this program &#8220;unconstitutional&#8221; based on incomplete and perhaps even faulty information. After all, the NSA has NEVER confirmed the details that have been published about the program. And it is unclear whether people quoted in news reports had the full picture either.</p>
<p>This goes to Jeff Goldstein&#8217;s summation; that in order to prove a secret program constitutional we have to destroy it.</p>
<p>It&#8217;s nuts.</p>
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