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NSA warrantless wiretapping is illegal

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NSA warrantless wiretapping is illegal  NSA warrantless wiretapping is illegal
       Constitutional Commander-in-Chief authority  Constitutional Commander-in-Chief authority
              CRS analysis does not support this  CRS analysis does not support this
              AG and acting AG refused to endorse  AG and acting AG refused to endorse
                     Top DoJ officials threatened resignation  Top DoJ officials threatened resignation
              Supreme Court rejected this interpretation in Hamdan  Supreme Court rejected this interpretation in Hamdan
              CiC justification rejected in Al-Haramain  CiC justification rejected in Al-Haramain
       Authority granted under AUMF war resolution  Authority granted under AUMF war resolution
              Daschle categorically refutes this  Daschle categorically refutes this
              Supreme Court rejected this interpretation in military tribunal case  Supreme Court rejected this interpretation in military tribunal case
              Illegal spying started 7 months prior to 9/11  Illegal spying started 7 months prior to 9/11
       FISA grants the authority  FISA grants the authority
              FISA requires warrants  FISA requires warrants
              FISA Court Judge declared key element illegal  FISA Court Judge declared key element illegal
              FISA itself is unconstitutional  FISA itself is unconstitutional
                     There is a clear and compelling need for secrecy in FISA activities  There is a clear and compelling need for secrecy in FISA activities
                     4th amendment prohibits unreasonable search and seizure  4th amendment prohibits unreasonable search and seizure
       Presidential precedents  Presidential precedents
              Only prior to FISA act  Only prior to FISA act
              Clinton authorized warrantless searches under FISA  Clinton authorized warrantless searches under FISA
                     Clinton authorized physical searches, not wiretapping  Clinton authorized physical searches, not wiretapping
                     Clinton worked within the law and consulted the FISA court  Clinton worked within the law and consulted the FISA court
       NSA warrantless wiretapping can be rationalized  NSA warrantless wiretapping can be rationalized
       Congressional Democrats signed off on it  Congressional Democrats signed off on it
              Rockefeller denies this  Rockefeller denies this
       This is a partisan witch hunt  This is a partisan witch hunt
              Many Republicans concerned or disagree with policy  Many Republicans concerned or disagree with policy
              Republicans have a history of misusing intelligence for political gain  Republicans have a history of misusing intelligence for political gain
              Contrarily, if Clinton had done this, it would have been bigger than Monica  Contrarily, if Clinton had done this, it would have been bigger than Monica
       Democrats don't want the government to spy on terrorists  Democrats don't want the government to spy on terrorists
              Democrats are only opposed to warrantless wiretapping  Democrats are only opposed to warrantless wiretapping
              This has no bearing on legality of warrantless wiretapping  This has no bearing on legality of warrantless wiretapping
              Democrats don't want Republicans spying on Democrats.  Democrats don't want Republicans spying on Democrats.
       "Probable cause" is supposed to be the test  "Probable cause" is supposed to be the test
              "...no Warrants shall issue, but upon probable cause"  "...no Warrants shall issue, but upon probable cause"

Comments:




Layout note

I think it would be very nice for the node descriptions to be displayed to the right of each node. It is inconvenient and clunky to have to mouse over each one.

Comment by: timcgill At: 2006-11-03 00:28:22



Noted

I will develop something over the weekend and provide users with a choice of seeing text or graphical versions of the argument.

That said, I think:

1) that this layout provides a cleaner look, and
2) I think that if I only did a text version, others would be disinclined to put argument diagrams on their own or other sites for fear of breaking layouts

Comment by: Ulysses Berman At: 2006-11-03 15:20:37



It doesn't matter if it can be rationalized

The law requires judicial oversight

Comment by: coolgeek At: 2006-12-02 19:26:23



Re: comment: It doesn't matter if it can be rationalized

The question needs to be more specific, I think. Warantless wiretapping on Americans, illegal and unconstitutional. Warantless wiretapping on foreigners, is the jurisdiction of US gov't and is legal and constitutional, following FISA statutes.

Comment by: danibal006 At: 2007-08-15 10:26:49



I like the clean look

I am fine with the mouse-over. The additional text could make the argument really difficult to view.

Comment by: smartypants At: 2008-07-08 06:50:11



Re: comment: I like the clean look

thanks, smartypants. we thing it reads a lot better this way

(and btw - much better short text on the probable cause node. I think you should break out the Hayden comment as a supporting child to that node)

Comment by: Ulysses Berman At: 2008-07-08 15:05:14



Re: comment: Re: comment: I like the clean look

Hmmm. Now when I mouse-over, I don't see the complete comment text. Is that limited to a number of characters?

Thanks for your suggestions. I tried them, but I'm not sure I like how it turned out. I do better in the AM than the PM. I'll try to clean it up when I feel inspired.

Comment by: smartypants At: 2008-07-08 19:47:47



Re: comment: Re: comment: Re: comment: I like the clean look

I would change the node to stress DNI Hayden's denial of a probable cause burden

You won't see the long (extended node) text... you see the same text as in the diagram.

It's something we have to update. Just low on the priority list

Comment by: Ulysses Berman At: 2008-07-09 20:31:19



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