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	<title>Comments on: Kerry&#8217;s Troubled</title>
	<atom:link href="http://www.californiaconservative.org/terrorism/kerrys-troubled/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/</link>
	<description>Speaking Out For The Silent Majority (TM)</description>
	<pubDate>Sun, 27 May 2012 05:57:22 +0000</pubDate>
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		<title>By: Gary Gross</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-154188</link>
		<dc:creator>Gary Gross</dc:creator>
		<pubDate>Thu, 11 May 2006 21:59:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-154188</guid>
		<description>&lt;b&gt;The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&#38;T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.&lt;/b&gt;

This isn't breaking the law. In fact, AT &#38; T, Verizon &#38; BellSouth are obeying the &lt;a href='http://www.epic.org/privacy/wiretap/calea/calea_law.html' rel="nofollow"&gt;Communications Assistance for Law Enforcement Act&lt;/a&gt;, which says in its opening that:

Begun and held at the City of Washington on Tuesday,
          the twenty-fifth day of January, one thousand nine hundred and
          ninety-four
          An Act
          To amend title 18, United States Code, &lt;b&gt;to make clear a          telecommunications carrier's duty to cooperate in the interception of communications for law enforcement purposes, and for other purposes.&lt;/b&gt;

It seems to me that it's the law for these companies to assist in the interception of communications.</description>
		<content:encoded><![CDATA[<p><b>The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&amp;T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.</b></p>
<p>This isn&#8217;t breaking the law. In fact, AT &amp; T, Verizon &amp; BellSouth are obeying the <a href='http://www.epic.org/privacy/wiretap/calea/calea_law.html' rel="nofollow">Communications Assistance for Law Enforcement Act</a>, which says in its opening that:</p>
<p>Begun and held at the City of Washington on Tuesday,<br />
          the twenty-fifth day of January, one thousand nine hundred and<br />
          ninety-four<br />
          An Act<br />
          To amend title 18, United States Code, <b>to make clear a          telecommunications carrier&#8217;s duty to cooperate in the interception of communications for law enforcement purposes, and for other purposes.</b></p>
<p>It seems to me that it&#8217;s the law for these companies to assist in the interception of communications.</p>
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	<item>
		<title>By: Stop Bush!</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-154003</link>
		<dc:creator>Stop Bush!</dc:creator>
		<pubDate>Thu, 11 May 2006 17:14:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-154003</guid>
		<description>The story begins to unfold:

&lt;blockquote&gt;You have the Bush administration secretly spying on Americans. The facts havenâ€™t come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress wonâ€™t investigate. Gee, I wonder why.&lt;/blockquote&gt;

My query is being answered:

&lt;blockquote&gt;NSA has massive database of Americans' phone calls 
USATODAY.com - Thu May 11, 7:21 AM ET
The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&#38;T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY. The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans - most of whom aren't suspected of any crime. 



--http://news.yahoo.com/s/usatoday/20060511/ts_usatoday/nsahasmassivedatabaseofamericansphonecalls;_ylt=AlVAuukuWCVJlEzLY2b_TQDB4FkB;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl
&lt;/blockquote&gt;

...and if this activity just happens to target opponents of the administration, so be it.  It's just the price we hav to pay for terrorists flying planes into our buildings!</description>
		<content:encoded><![CDATA[<p>The story begins to unfold:</p>
<blockquote><p>You have the Bush administration secretly spying on Americans. The facts havenâ€™t come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress wonâ€™t investigate. Gee, I wonder why.</p></blockquote>
<p>My query is being answered:</p>
<blockquote><p>NSA has massive database of Americans&#8217; phone calls<br />
USATODAY.com - Thu May 11, 7:21 AM ET<br />
The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&amp;T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY. The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans - most of whom aren&#8217;t suspected of any crime. </p>
<p>&#8211;http://news.yahoo.com/s/usatoday/20060511/ts_usatoday/nsahasmassivedatabaseofamericansphonecalls;_ylt=AlVAuukuWCVJlEzLY2b_TQDB4FkB;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl
</p></blockquote>
<p>&#8230;and if this activity just happens to target opponents of the administration, so be it.  It&#8217;s just the price we hav to pay for terrorists flying planes into our buildings!</p>
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		<title>By: Matthew</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-152916</link>
		<dc:creator>Matthew</dc:creator>
		<pubDate>Wed, 10 May 2006 06:31:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-152916</guid>
		<description>Regardless, saying anyone 'badly lost' the election is more than a bit of wishful thinking, Gary. If Bush's message was so great, and Kerry's message was so weak, why didn't he win more swing voters? Certainly, there've been elections in recent memory where the margin was greater and the respective messages were stronger for both sides. Basically, you came down to people picking what they perceived to be the lesser of two evils, or, perhaps, simply the gentleman with whom they'd most likely have a beer with rather than a policy wonk debate with. I wish we'd stop beating some imaginary drum that the Republican message has somehow been immensely coherent, palatable,  and successful. What you've got is basically Bush stumbling around making bad decision after bad decision, making horrid domestic policy decisions, and is lucky enough to have a Democratic party with it's head so far up it's keister that it hasn't figured out yet how to attack him properly (and for that he should count his lucky stars) and an Republican party willing to kow tow to pretty much anything the man does, regardless of how it hurts the average person or the pary. What Republicans need to do is what some the more 'net oriented Demo's are trying to do -- taking back their party from the Philistines running the thing.</description>
		<content:encoded><![CDATA[<p>Regardless, saying anyone &#8216;badly lost&#8217; the election is more than a bit of wishful thinking, Gary. If Bush&#8217;s message was so great, and Kerry&#8217;s message was so weak, why didn&#8217;t he win more swing voters? Certainly, there&#8217;ve been elections in recent memory where the margin was greater and the respective messages were stronger for both sides. Basically, you came down to people picking what they perceived to be the lesser of two evils, or, perhaps, simply the gentleman with whom they&#8217;d most likely have a beer with rather than a policy wonk debate with. I wish we&#8217;d stop beating some imaginary drum that the Republican message has somehow been immensely coherent, palatable,  and successful. What you&#8217;ve got is basically Bush stumbling around making bad decision after bad decision, making horrid domestic policy decisions, and is lucky enough to have a Democratic party with it&#8217;s head so far up it&#8217;s keister that it hasn&#8217;t figured out yet how to attack him properly (and for that he should count his lucky stars) and an Republican party willing to kow tow to pretty much anything the man does, regardless of how it hurts the average person or the pary. What Republicans need to do is what some the more &#8216;net oriented Demo&#8217;s are trying to do &#8212; taking back their party from the Philistines running the thing.</p>
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		<title>By: Gary Gross</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-152897</link>
		<dc:creator>Gary Gross</dc:creator>
		<pubDate>Wed, 10 May 2006 05:45:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-152897</guid>
		<description>&lt;b&gt;Sen. Kerry lost the election by a mere 40,000 votes in Ohio.&lt;/b&gt;

According to CNN's website, Bush got 2,859,764 votes to Kerry's 2,741,165 votes, a margin of 118,599. The margin was 51%-48%.</description>
		<content:encoded><![CDATA[<p><b>Sen. Kerry lost the election by a mere 40,000 votes in Ohio.</b></p>
<p>According to CNN&#8217;s website, Bush got 2,859,764 votes to Kerry&#8217;s 2,741,165 votes, a margin of 118,599. The margin was 51%-48%.</p>
]]></content:encoded>
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		<title>By: Gary Gross</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-152843</link>
		<dc:creator>Gary Gross</dc:creator>
		<pubDate>Wed, 10 May 2006 05:28:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-152843</guid>
		<description>"Word out of Washington is that Hayden isnâ€™t a big fan of Rumsfeld.

Says who?" 

Says NPR's Mara Liasson on Fox News Sunday. 

The Fourth Amendment argument is stupid but I'll drill you on it anyway. Teh Fourth Amendment protects against &lt;b&gt;unreasonable&lt;/b&gt; searches. The Supreme Court has ruled that intercepts of enemy communications in a time of war is a &lt;b&gt;reasonable search.&lt;/b&gt;

&lt;b&gt;Thatâ€™s why you lost that issue in the presidential election so badly.

Sen. Kerry lost the election by a mere 40,000 votes in Ohio. Thatâ€™s less than one-tenth of a percent of the voting population. Even on a national scale, the final tally was 51 to 49; the country was pretty evenly split. While this is a discussion from another day, suffice it to say, Sen. Kerry did not â€œbadlyâ€ lose to the war-mongering liar.&lt;/b&gt;

I didn't say he lost the election badly. I said he lost that &lt;b&gt;issue&lt;/b&gt; badly. He trailed it badly all fall long, in fact. Most polls showed Bush beating Kerry on national security by an almost 3 to 1 margin. That isn't close. 

&lt;b&gt;Well, it is similar. You have the Bush administration secretly spying on Americans. The facts havenâ€™t come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress wonâ€™t investigate. Gee, I wonder why.&lt;/b&gt;

It isn't secretly spying on political enemies, which is how J. Edgar Hoover viewed MLK. The NSA intercept program is a data mining operation. There aren't any  similarities. 

&lt;b&gt;Despite that this makes absolutely no sense, it is an outrage that you slight Sen. Kerryâ€™s service to this country. Shame on you. Sir, have you fought in the armed forces? No? Then be quiet. To imitate Bill Maher, New Rule: Men who havenâ€™t spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harmsâ€™ way. Period. Think of how many messes this rule would have prevented!&lt;/b&gt;

NEW RULE: Citing Bill Maher should be avoided at all costs. He's got even less credibility than Nancy Pelosi, Ted Kennedy &#38; John Murtha. He's a loser. 

Furthermore, how did I slight Kerry's service when I didn't even mention it? You're a little touchy, aren't you? 

&lt;b&gt;Men who havenâ€™t spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harmsâ€™ way. Period.&lt;/b&gt;

Applying the Maher Doctrine, that means that FDR was unfit to command our forces in WWII. It's an idiotic rule, which stands to reason since Maher's an idiot.</description>
		<content:encoded><![CDATA[<p>&#8220;Word out of Washington is that Hayden isnâ€™t a big fan of Rumsfeld.</p>
<p>Says who?&#8221; </p>
<p>Says NPR&#8217;s Mara Liasson on Fox News Sunday. </p>
<p>The Fourth Amendment argument is stupid but I&#8217;ll drill you on it anyway. Teh Fourth Amendment protects against <b>unreasonable</b> searches. The Supreme Court has ruled that intercepts of enemy communications in a time of war is a <b>reasonable search.</b></p>
<p><b>Thatâ€™s why you lost that issue in the presidential election so badly.</p>
<p>Sen. Kerry lost the election by a mere 40,000 votes in Ohio. Thatâ€™s less than one-tenth of a percent of the voting population. Even on a national scale, the final tally was 51 to 49; the country was pretty evenly split. While this is a discussion from another day, suffice it to say, Sen. Kerry did not â€œbadlyâ€ lose to the war-mongering liar.</b></p>
<p>I didn&#8217;t say he lost the election badly. I said he lost that <b>issue</b> badly. He trailed it badly all fall long, in fact. Most polls showed Bush beating Kerry on national security by an almost 3 to 1 margin. That isn&#8217;t close. </p>
<p><b>Well, it is similar. You have the Bush administration secretly spying on Americans. The facts havenâ€™t come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress wonâ€™t investigate. Gee, I wonder why.</b></p>
<p>It isn&#8217;t secretly spying on political enemies, which is how J. Edgar Hoover viewed MLK. The NSA intercept program is a data mining operation. There aren&#8217;t any  similarities. </p>
<p><b>Despite that this makes absolutely no sense, it is an outrage that you slight Sen. Kerryâ€™s service to this country. Shame on you. Sir, have you fought in the armed forces? No? Then be quiet. To imitate Bill Maher, New Rule: Men who havenâ€™t spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harmsâ€™ way. Period. Think of how many messes this rule would have prevented!</b></p>
<p>NEW RULE: Citing Bill Maher should be avoided at all costs. He&#8217;s got even less credibility than Nancy Pelosi, Ted Kennedy &amp; John Murtha. He&#8217;s a loser. </p>
<p>Furthermore, how did I slight Kerry&#8217;s service when I didn&#8217;t even mention it? You&#8217;re a little touchy, aren&#8217;t you? </p>
<p><b>Men who havenâ€™t spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harmsâ€™ way. Period.</b></p>
<p>Applying the Maher Doctrine, that means that FDR was unfit to command our forces in WWII. It&#8217;s an idiotic rule, which stands to reason since Maher&#8217;s an idiot.</p>
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		<title>By: Stop Bush!</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-152755</link>
		<dc:creator>Stop Bush!</dc:creator>
		<pubDate>Wed, 10 May 2006 02:20:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-152755</guid>
		<description>Some times, even most of the time, the lies and mischaracterizations you blog forth don't make much sense, and don't matter.  But then there's character assasination, outright lies, and, at best, disingenuous linking of peripheral facts and issues.  To whit:

&lt;blockquote&gt;Not only is John Kerry a buffoon but he doesnâ€™t even get his facts straight. &lt;/blockquote&gt;

I've said it here before, and I'll say it again: &lt;b&gt;this is the pot calling the kettle black&lt;/b&gt;.  Let's examine your blathering for facts.

&lt;blockquote&gt;Word out of Washington is that Hayden isnâ€™t a big fan of Rumsfeld.&lt;/blockquote&gt;

Says who?  

Reality check: Hayden's arrival at Langley gives Donald Rumsfeld a trusted foothold inside the agency he has sought to bring under the control of his parallel Pentagon intelligence operation run by Undersecretary of Defense for Intelligence Stephen Cambone and General William "Jerry" Boykin.

&lt;blockquote&gt;Then he knowingly misrepresents the NSA intercept program as â€œspying on Americansâ€, infering that itâ€™s similar to J. Edgar Hooverâ€™s spying on MLK, Jr.&lt;/blockquote&gt;

Well, it is similar.  You have the Bush administration secretly spying on Americans.  The facts haven't come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress won't investigate.  Gee, I wonder why. 

The only blathering here is yours.  Of course, you can't hold back your contempt for anything or anyone more intelligent than you, saying:

&lt;blockquote&gt;Sen. Kerry, itâ€™s isnâ€™t [sic] the least bit obvious that you care a bit about protecting America.&lt;/blockquote&gt;

Despite that this makes absolutely no sense, it is an outrage that you slight Sen. Kerry's service to this country.  Shame on you.  Sir, have you fought in the armed forces?  No?  Then be quiet.  To imitate Bill Maher, New Rule: Men who haven't spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harms' way.  Period.  Think of how many messes this rule would have prevented!

&lt;blockquote&gt;Thatâ€™s why you lost that issue in the presidential election so badly.&lt;/blockquote&gt;

Badly?  Sen. Kerry lost the election by a mere 40,000 votes in Ohio.  That's less than one-tenth of a percent of the voting population.  Even on a national scale, the final tally was 51 to 49; the country was pretty evenly split.  While this is a discussion from another day, suffice it to say, Sen. Kerry did not "badly" lose to the war-mongering liar.

Now, as to your assertion that Kerry was hinting that Hayden:

&lt;blockquote&gt;...isnâ€™t following the Constitution&lt;/blockquote&gt;

one can only assume that you're talking about Hayden and the warrantless wiretaps/spying on Americans.  Let's review the transcript in which Hayden displays his apalling lack of understanding of one of our most basic rights, in an appearance at the National Press Club on January 23, 2006: 

&lt;blockquote&gt;QUESTION: Jonathan Landay with Knight Ridder. I'd like to stay on the same issue, and that had to do with the standard by which you use to target your wiretaps. I'm no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American's right against unlawful searches and seizures. Do you use --
GEN. HAYDEN: No, actually -- the Fourth Amendment actually protects all of us against unreasonable search and seizure.
QUESTION: But the --
GEN. HAYDEN: That's what it says.
QUESTION: But the measure is probable cause, I believe.
GEN. HAYDEN: The amendment says unreasonable search and seizure.
QUESTION: But does it not say probable --
GEN. HAYDEN: No. The amendment says --
QUESTION: The court standard, the legal standard --
GEN. HAYDEN: -- unreasonable search and seizure.
QUESTION: The legal standard is probable cause, General. ... I'd like you to respond to this -- is that what you've actually done is crafted a detour around the FISA court by creating a new standard of "reasonably believe" in place [of] probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause. Could you respond to that, please?
GEN. HAYDEN: Sure. I didn't craft the authorization. I am responding to a lawful order. All right? The attorney general has averred to the lawfulness of the order. Just to be very clear -- and believe me, if there's any amendment to the Constitution that employees of the National Security Agency are familiar with, it's the Fourth. And it is a reasonableness standard in the Fourth Amendment. And so what you've raised to me -- and I'm not a lawyer, and don't want to become one -- what you've raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution. The constitutional standard is "reasonable." And we believe -- I am convinced that we are lawful because what it is we're doing is reasonable.&lt;/blockquote&gt;

And just to refresh your memory, here's &lt;a href="http://caselaw.lp.findlaw.com/data/constitution/amendment04/" rel="nofollow"&gt;The Fourth Amendment&lt;/a&gt;, &lt;b&gt;emphasis&lt;/b&gt; mine:

&lt;blockquote&gt;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, &lt;b&gt;but upon probable cause&lt;/b&gt;, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.&lt;/blockquote&gt;

So, for even the dim-witted, you can see that Hayden is, in fact, not following the Constitution.  But not to worry; I'm sure than Hayden's nomination will being the Domestic Spying scandal back to the front pages, and eventually, a court will rule on this illegal activity.

So, before you go around calling Sen. Kerry a "buffoon" and impuning the character of one of the finest men serving in the Senate, get your facts straight.</description>
		<content:encoded><![CDATA[<p>Some times, even most of the time, the lies and mischaracterizations you blog forth don&#8217;t make much sense, and don&#8217;t matter.  But then there&#8217;s character assasination, outright lies, and, at best, disingenuous linking of peripheral facts and issues.  To whit:</p>
<blockquote><p>Not only is John Kerry a buffoon but he doesnâ€™t even get his facts straight. </p></blockquote>
<p>I&#8217;ve said it here before, and I&#8217;ll say it again: <b>this is the pot calling the kettle black</b>.  Let&#8217;s examine your blathering for facts.</p>
<blockquote><p>Word out of Washington is that Hayden isnâ€™t a big fan of Rumsfeld.</p></blockquote>
<p>Says who?  </p>
<p>Reality check: Hayden&#8217;s arrival at Langley gives Donald Rumsfeld a trusted foothold inside the agency he has sought to bring under the control of his parallel Pentagon intelligence operation run by Undersecretary of Defense for Intelligence Stephen Cambone and General William &#8220;Jerry&#8221; Boykin.</p>
<blockquote><p>Then he knowingly misrepresents the NSA intercept program as â€œspying on Americansâ€, infering that itâ€™s similar to J. Edgar Hooverâ€™s spying on MLK, Jr.</p></blockquote>
<p>Well, it is similar.  You have the Bush administration secretly spying on Americans.  The facts haven&#8217;t come out yet (sorry, jumping ahead here) because the RepubliCONS in Congress won&#8217;t investigate.  Gee, I wonder why. </p>
<p>The only blathering here is yours.  Of course, you can&#8217;t hold back your contempt for anything or anyone more intelligent than you, saying:</p>
<blockquote><p>Sen. Kerry, itâ€™s isnâ€™t [sic] the least bit obvious that you care a bit about protecting America.</p></blockquote>
<p>Despite that this makes absolutely no sense, it is an outrage that you slight Sen. Kerry&#8217;s service to this country.  Shame on you.  Sir, have you fought in the armed forces?  No?  Then be quiet.  To imitate Bill Maher, New Rule: Men who haven&#8217;t spent a single day in combat should be required to never talk about waging war, the troops, or anything even remotely related to sending our troops into harms&#8217; way.  Period.  Think of how many messes this rule would have prevented!</p>
<blockquote><p>Thatâ€™s why you lost that issue in the presidential election so badly.</p></blockquote>
<p>Badly?  Sen. Kerry lost the election by a mere 40,000 votes in Ohio.  That&#8217;s less than one-tenth of a percent of the voting population.  Even on a national scale, the final tally was 51 to 49; the country was pretty evenly split.  While this is a discussion from another day, suffice it to say, Sen. Kerry did not &#8220;badly&#8221; lose to the war-mongering liar.</p>
<p>Now, as to your assertion that Kerry was hinting that Hayden:</p>
<blockquote><p>&#8230;isnâ€™t following the Constitution</p></blockquote>
<p>one can only assume that you&#8217;re talking about Hayden and the warrantless wiretaps/spying on Americans.  Let&#8217;s review the transcript in which Hayden displays his apalling lack of understanding of one of our most basic rights, in an appearance at the National Press Club on January 23, 2006: </p>
<blockquote><p>QUESTION: Jonathan Landay with Knight Ridder. I&#8217;d like to stay on the same issue, and that had to do with the standard by which you use to target your wiretaps. I&#8217;m no lawyer, but my understanding is that the Fourth Amendment of the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American&#8217;s right against unlawful searches and seizures. Do you use &#8211;<br />
GEN. HAYDEN: No, actually &#8212; the Fourth Amendment actually protects all of us against unreasonable search and seizure.<br />
QUESTION: But the &#8211;<br />
GEN. HAYDEN: That&#8217;s what it says.<br />
QUESTION: But the measure is probable cause, I believe.<br />
GEN. HAYDEN: The amendment says unreasonable search and seizure.<br />
QUESTION: But does it not say probable &#8211;<br />
GEN. HAYDEN: No. The amendment says &#8211;<br />
QUESTION: The court standard, the legal standard &#8211;<br />
GEN. HAYDEN: &#8212; unreasonable search and seizure.<br />
QUESTION: The legal standard is probable cause, General. &#8230; I&#8217;d like you to respond to this &#8212; is that what you&#8217;ve actually done is crafted a detour around the FISA court by creating a new standard of &#8220;reasonably believe&#8221; in place [of] probable cause because the FISA court will not give you a warrant based on reasonable belief, you have to show probable cause. Could you respond to that, please?<br />
GEN. HAYDEN: Sure. I didn&#8217;t craft the authorization. I am responding to a lawful order. All right? The attorney general has averred to the lawfulness of the order. Just to be very clear &#8212; and believe me, if there&#8217;s any amendment to the Constitution that employees of the National Security Agency are familiar with, it&#8217;s the Fourth. And it is a reasonableness standard in the Fourth Amendment. And so what you&#8217;ve raised to me &#8212; and I&#8217;m not a lawyer, and don&#8217;t want to become one &#8212; what you&#8217;ve raised to me is, in terms of quoting the Fourth Amendment, is an issue of the Constitution. The constitutional standard is &#8220;reasonable.&#8221; And we believe &#8212; I am convinced that we are lawful because what it is we&#8217;re doing is reasonable.</p></blockquote>
<p>And just to refresh your memory, here&#8217;s <a href="http://caselaw.lp.findlaw.com/data/constitution/amendment04/" rel="nofollow">The Fourth Amendment</a>, <b>emphasis</b> mine:</p>
<blockquote><p>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, <b>but upon probable cause</b>, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.</p></blockquote>
<p>So, for even the dim-witted, you can see that Hayden is, in fact, not following the Constitution.  But not to worry; I&#8217;m sure than Hayden&#8217;s nomination will being the Domestic Spying scandal back to the front pages, and eventually, a court will rule on this illegal activity.</p>
<p>So, before you go around calling Sen. Kerry a &#8220;buffoon&#8221; and impuning the character of one of the finest men serving in the Senate, get your facts straight.</p>
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		<title>By: Let Freedom Ring &#187; Blog Archive &#187; Kerry&#8217;s Troubled</title>
		<link>http://www.californiaconservative.org/terrorism/kerrys-troubled/comment-page-1/#comment-152563</link>
		<dc:creator>Let Freedom Ring &#187; Blog Archive &#187; Kerry&#8217;s Troubled</dc:creator>
		<pubDate>Tue, 09 May 2006 20:13:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.californiaconservative.org/?p=3024#comment-152563</guid>
		<description>[...] Cross-posted at California Conservative   Categories: Senate, CIA &#124; [...]</description>
		<content:encoded><![CDATA[<p>[...] Cross-posted at California Conservative   Categories: Senate, CIA | [...]</p>
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