Obama's views on "warrantless wiretapping" [split]
Posted: Sat May 16, 2009 6:02 pm
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Promoting Freethinking in NW Arkansas
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See here about Obama's support for the Bush admnistration legal "reasoning" on the matter--a reversal of what Senator Obama had said.Darrel wrote:DAR
Hang on, did Obama say anything about, or like, "warrantless wiretaps are necessary to fight terror?"
See here for a summary of the issues--and that GW Bush engaged in wiretapping of Americans, without warrants, even before 9/11.The Obama Justice Department has adopted a legal stance identical to, if not more aggressive than, the Bush version. It argues that the court-forced disclosure of the surveillance programs would cause "exceptional harm to national security" by exposing intelligence sources and methods.
DARThe Obama Justice Department has adopted a legal stance identical to, if not more aggressive than, the Bush version. It argues that the court-forced disclosure of the surveillance programs would cause "exceptional harm to national security" by exposing intelligence sources and methods.
DOUGDarrel wrote:So with regard to this one specific case, his team is arguing that "disclosure of the intelligence..." and "sources and methods" used in this specific past instance would cause "exceptional harm to national security." Well, it very well may and neither one of us is going to know about that. I see know incentive for him to go to this trouble if such exposure wouldn't do as he says. And I don't see how this position with regard to this case in any way equates to him saying that now or in the future or in any plan under his jurisdiction:
"warrantless wiretaps are necessary to fight terror."
So I think this part of the cartoon, is right-wing spin.
See here.SAN FRANCISCO -- The Obama administration is again invoking government secrecy in defending the Bush administration's wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records.
DARDOUG
Spin it however you want, but the Obama administration has gone on record stating that the US government and telephone companies cannot be held accountable for warrentless wiretapping due to the danger it would pose to national security if such a case were to proceed.
DARThat sure sounds like "warrentless wiretaps are necessary to fight terror,"
DOUGDarrel wrote:DARDOUG
Spin it however you want, but the Obama administration has gone on record stating that the US government and telephone companies cannot be held accountable for warrentless wiretapping due to the danger it would pose to national security if such a case were to proceed.
I have no reason to believe that is not true. And because of my low security clearance level (Arkansas goat farmer), it is unlikely I will receive such information.
DOUGDoug wrote: That sure sounds like "warrentless wiretaps are necessary to fight terror,"
DAR
It doesn't to me. I don't see how that follows. Aside from the specifics of this case, which deals with past events which occurred under Bush's tenure and policies, is it Obama's position that "warrentless wiretaps are necessary to fight terror" now? I don't think so. So the cartoon is in this respect misleading and inaccurate. That's spin, best case.
DARDoug wrote: DOUG
True or not, candidate Obama had a different stance on this. He's done a 180-degree turn,...
DARDOUG
And in my view warrantless wiretaps are illegal, and expressly prohibited by law.
Doug wrote:True or not, candidate Obama had a different stance on this. He's done a 180-degree turn,...
DOUGDAR wrote: He has? I asked this question: "Is it Obama's position that "warrentless wiretaps are necessary to fight terror" now? This is the claim in the cartoon. If you can show that this is his position (and you can't), then you can talk about 180 degree turns.
DOUGDar wrote: Your answer is: "Whether Obama is still using them now is not clear." Meaning, you have no reason to believe he has changed his position, and thus can show no 180 degree turn, or any turn at all.
DOUG
And in my view warrantless wiretaps are illegal, and expressly prohibited by law.
DOUGDAR wrote: I agree. And when you can show Obama has authorized them, you have will have him on a very big flip flop. Until then, the "gist" of the claim in the cartoon is not right, is not accurate, and the truth of the claim cannot be shown for reasons I have already stated.
D.
DARDoug wrote: DOUG
The claim of the cartoon is that he thinks warrantless wiretaps are necessary. If he thinks they are just necessary in general (now or otherwise), sometimes but not always, the cartoon is correct. And he obviously thinks they are sometimes necessary since he is defending Bush's use of them.
Dar wrote: Your answer is: "Whether Obama is still using them now is not clear." Meaning, you have no reason to believe he has changed his position, and thus can show no 180 degree turn, or any turn at all.
DARDOUG
He did change his position. As senator, he was against them and said he would hold telecommunications companies to account for their complicity in the warrantless wiretaps. So obviously he thought they were illegal and shouldn't be done. Once he was the Democratic candidate, he flip-flopped. See here.
DARDOUG
I can't find anything showing that Obama has stopped the program. Since it was active under Bush,...
DARand Obama defends it,
DARI can only assume that it is still ongoing.
DOUGDarrel wrote:No, it is a non sequiter to go from:
His team is arguing that "disclosure of the intelligence..." and "sources and methods" used in this specific past instance would cause "exceptional harm to national security"
to
"he thinks warrantless wiretaps are necessary." "...since he is defending Bush's use of them."
Even saying "he is defending Bush's use of them" is inaccurate spin, because it leaves out the important qualifying information. That is, that the stated motivation for his position on this case, as cited by the sources you gave, is that:
(a) "disclosure of the intelligence..." and "sources and methods" used in this specific past instance would cause "exceptional harm to national security"
DOUGDar wrote:That article is from July 2008. So it wasn't until near the end of his candidacy that he had a change of heart about the usefulness of going after the telecoms for their involvement.
DOUGDOUG
I can't find anything showing that Obama has stopped the program. Since it was active under Bush,...
DAR
Can you show it is still active?
DOUGDoug wrote:
and Obama defends it,
DAR
What you have provided has not shown he supports an active warrentless wiretapping program, nor does it even shown the he was/is in favor of Bush's warrentless wiretapping program.
DOUGDOUG
I can only assume that it is still ongoing.
DAR
Better to say you don't know.
DARDoug wrote:Here is a report from Huffington Post in April of 2009 that Obama's NSA is still doing that warrantless wiretapping. Case closed.
DARObama DOES think warrantless wiretapping is necessary.
DARThe cartoon is not right-wing crap.
DARYou think Rachel Maddow spreads right-wing crap?
DARI told you she had said that Obama is turning into Bush.
DOUGDarrel wrote:No, not case closed. This article doesn't accomplish what you want. Did you read the article? Did you notice the title:
"NSA Wiretapping: Justice Department Reining It In"
That is, Obama's Justice Department is turning away from what Bush did. That's the opposite of "turning into Bush."
Here is the gist of it in the first few sentences...
DARDoug wrote:And since they won't release details, we don't know how much it is being reigned in, nor whether it got worse right after Obama was elected.
DARDOUG
How Obama is like Bush is not the degree to which he engages in warrantless wiretapping, but just the fact that he does it.
DARDOUG
Regardless of that, Obama clearly does think that "warrantless wiretaps are needed to fight terror,"
Doug wrote:And since they won't release details, we don't know how much it is being reigned in, nor whether it got worse right after Obama was elected.
No. We DO know that Obama supports these wiretaps because he is doing it and it wouldn't happen unless he allowed it. What we don't know is how much wiretapping there was and how much he is "reigning it in." YOU asserted that he was becoming less like Bush because he is reigning in the wiretapping, but my assertion is that reigning something in is a relative term, and if you don't know the starting point, you don't know how much the reigning is affecting the overall effect. So in other words we don't know that Obama is becoming less like Bush (as you asserted). So your argument, not mine, is "we don't know."Darrel wrote:So your argument devolves to: "we don't know." Which is no argument at all and what I have said from the beginning. The claim is based upon a non sequitur.
DOUG
How Obama is like Bush is not the degree to which he engages in warrantless wiretapping, but just the fact that he does it.
DOUGDarrel wrote: a) You haven't shown "that he does it" (nor have you defined "it")
DOUGDarrel wrote: b) You haven't shown that he would even have the power/jurisdiction to wave/nullify laws regarding surveillance, enacted by congress last summer, regarding how surveillance is done by the NSA.
You need (a) to get your claim off the ground and you need (b) to make any of this stick to Obama.
DOUGDarrel wrote:One problem is "warrantless wiretapping" is an outdated term from the 70's that really doesn't translate well 35 years into the future.
DOUGDarrel wrote:Data sweeps are hardly "wiretapping" in the sense of tapping a phone as in the old days. So perhaps you should define what you mean by "warrantless wiretapping" before you commit to being so certain it is being done (based upon data you admit "we don't know").
DARDOUG
No. We DO know that Obama supports these wiretaps...
DARDOUG
So in other words we don't know that Obama is becoming less like Bush (as you asserted). So your argument, not mine, is "we don't know."
DARDOUG
I cited an article from Huffington Post, which is a very liberal website,...
DARDOUG
in which it is explained that Obama's administration is going to "reign in" its wiretapping,...
DARDOUG
but that the details will remain classified.
DARDOUG
I see no reason to think that the article is in error.
DARDOUG
Do you have evidence that Obama is NOT allowing warrantless wiretaps?
DARDOUG
Obama could stop warrantless wiretapping because it is his NSA that is doing them, not something directed by Congress. It is in the president's power to do them or not.
DARDOUG
I'm not talking about data sweeps. I'm talking about specific wiretaps on the phones/computers/etc. of people in the U.S. who are flagged as suspected of having something to do with terrorism, and this is done without first seeking a court order (warrant) allowing this to take place.
DARDOUG
Obama engages in them, and he is defending Bush's use of them.
DARDOUG
(BTW, did you see that Obama also decided that he will NOT allow the release of those millions of e-mails the Bush administration tried to hide?
DOUGDarrel wrote:DOUG
No. We DO know that Obama supports these wiretaps...
DAR
Without warrants? Show this. You haven't even defined wiretaps.
DARDOUG
Show evidence that Obama is NOT doing this. The burden is on you now.
DARDOUG
you can't "reign in" something that isn't occurring.