if it is corporate media, when dems control the whitehouse with, ''the people's choice'', behind them the media will turn to a more democratic or liberal bias....they go, with the flow....for money made on commercial time bought....
they were the GOP's media during the first 5-6 years of president Bush, now they ARE leaning towards a visibly democratic bias, with the president's approval rating in the toilet....
IN OTHER WORDS, the media is a harlot, they whore themselves to whoever gives them more dough to their bottom line imo.
THIS does NOT mean that the news we get from the main stream media is false by any means...just that there could be bias in ther spin or editorial of the News....
We should just be ''aware'' of it....
care
The media is privately owned. They don't have to report the way Congress wants them to report. Perfect example, Fox News. What you might be seeing is that Nancy Pelosi is now the person they interview, instead of Tom Delay, so the messenger is different.
Forget about radio and newspapers. Tv is the most powerful media. So while the corporate media might let guys like Savage and Hartmann on the radio, you won't see them on tv. And you always see 3 republicans and one liberal whenever they have guests on tv.
Fact, Bush committed a felony at least 30 times. MINIMUM. You don't hear that on tv, do you? The felonies he committed are much worse than Monicagate. Where are they talking about it? No Where.
President George W. Bush violated the US Constitution and the law when he authorized the National Security Agency (NSA) to conduct warrantless surveillance of Americans. Three principles are enshrined in the Fourth Amendment.
A persons home is his/her sanctuary.
Citizens are safe from unreasonable search and seizure without a warrant.
The warrant must be provided by an independent court upon probable cause.
President Bush also violated the Foreign Intelligence Surveillance Act (FISA). I will begin at the roots of US law showing that authorizing warrantless surveillance of US Citizens is a violation of the Fourth Amendment. I will then show how FISA came about and how the Bush Administration violated this law.
What is the controversy? Since 2001 the Bush Administration has allowed the NSA to read emails, listen to telephone conversations, (Lacayo, 2006) and capture data about incoming/outgoing phone calls of tens of millions of American Citizens (Cauley, 2006). The fact that the NSA spied on Americans without first obtaining a warrant is without dispute (Risen, 2005). This has been widely reported and has been acknowledged by President Bush (Sanger, 2005). The Bush Administration argues that this authority was specifically given to the president in Article II of the US Constitution and in the Authorization for Use of Military Force (AUMF), enacted on September 18, 2001 (Gonzalez, 2006, January 16).
The American legal system owes its roots to the Common Law, a set of laws based, not on statute but on precedent (Wikipedia.org, Common Law, 2006). To this date, the Supreme Court will acknowledge the precedent of the common law in writing its opinions. Sir Edward Cokes writings on the English common law were the definitive legal texts for over 300 years. (Wikipedia.org, Sir Edward Coke, 2006) In 1628 Sir Coke wrote A man's house is his castle et domus sua cuique est tutissimum refugium. The Latin phrase means "And where shall a man be safe if it be not in his own house? The writers of the Declaration of Independence and the Constitution were keenly aware of Cokes writings and echoed his language. For example they borrowed the phrase life, liberty and the pursuit of [property] happiness directly from Coke.
During the 1700s, King George allowed customs officials to search anywhere at any time by using writs of assistance, (U-S-History.com, Writs of Assistance, 2006) or non-specific warrants. This behavior was such an affront to the American Colonists that they later referred to it in the Declaration of Independence, justifying the Colonists desire to become self-governed.
In 1761, James Otis referred back to the writings of Coke when he argued in court against the writs of assistance. He said:
A mans house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally annihilate this privilege. Custom-house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court may inquire (U-S-History.com, James Otis, 2006).
The Common Law concept of a persons home as his or her sanctuary was clearly on the Founding Fathers minds when they included the fourth amendment to the constitution.
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, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Supreme Court several times has affirmed the need for an independent court to issue warrants, maintaining a separation of power. For example, in Trupiano vs. United States, 334 U.S. 699, the Supreme Court wrote, It is a cardinal rule that, in seizing goods and articles, law enforcement agents must secure and use search warrants wherever reasonably practicable
This rule rests upon the desirability of having magistrates rather than police officers determine when searches and seizures are permissible and what limitations should be placed upon such activities.
These important principles - that a persons home is his/her sanctuary, that they are safe from unreasonable search and seizure without a warrant and that the warrant must be provided by an independent court upon probable cause went undisputed for generations. The importance of these principles was again affirmed in the wake of the scandals of the Nixon Administration.
In the early 1970s, under direction from the Nixon Administration, the FBI and other governmental agencies were used to spy on those whom Nixon chose to label as dissidents. Some of those dissidents included Rev. Martin Luther King, Jr., Eldridge Cleaver, the Southern Christian Leadership Conference and anti-war protesters. Years later, in an interview with television personality David Frost, Nixon responded to a series of questions (LandmarkCases.org, 2006):
FROST: So what in a sense, you're saying is that there are certain situations, and the Huston Plan [which included warrantless wiretapping] or that part of it was one of them, where the president can decide that it's in the best interests of the nation or something, and do something illegal.
NIXON: Well, when the president does it that means that it is not illegal.
FROST: By definition.
NIXON: Exactly. Exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president's decision in that instance is one that enables those who carry it out, to carry it out without violating a law. Otherwise they're in an impossible position.
This interview was later included in testimony before the House Permanent Select Committee on Intelligence. This evidence was used in writing the law known as the Foreign Intelligence Surveillance Act (FISA). This act restricts the right of the intelligence agencies to intercept communication that involves US Citizens or long-term residents of the US. The law requires the Attorney General to go before a special FISA court to obtain a warrant for foreign surveillance in which one of the parties is a US Citizen. There are also exceptions built into the law, allowing a 15-day grace period for warrantless wiretapping during times of war and providing for retroactive warrants (FISA, 1978).
How difficult was it to obtain a warrant using the FISA process? According to The Crisis, the official publication of the NAACP (Gaines, 2006), From 1979 to 2004, FISA denied only four of the government's applications for surveillance while approving 18,727 requests
The four rejections occurred in 2003.
It was in the days following September 11th that President Bush ordered spy agencies, including the NSA to begin surveillance activities that included US Citizens. Despite a clear mandate from the Constitution and from FISA to first obtain a warrant, the president decided that he had the authority to ignore the requirement and to use all necessary and appropriate force.
The warrantless surveillance program remained a secret from the public until December 16, 2005. The New York Times knew about the spying program for more than a year, but had delayed publication of the article upon request from the Bush Administration.
Like the Nixon Administration before it, the Bush Administration has justified its actions by arbitrarily assigning people labels. Nixon arbitrarily labeled US Citizens as dissidents. The Bush Administration has branded people as persons of interest, terrorists or enemy combatants. Among some of the groups targeted by the Bush Administration are Greenpeace; Food Not Bombs; Code Pink, an international women's peace organization; and the Rhode-Island based Community Coalition for Peace (ACLU, 2006a).
In summary, the roots of American law have long established the rights to privacy and protection within ones home and possessions. This principle was enshrined in the fourth amendment to the US Constitution. This right to protection from search and seizure was further clarified by Congress in the wake of the scandals of the Nixon Administration and set into statute under FISA. None of this has stopped the Bush Administration from flagrantly violating the law in its war on terror. By ignoring the constitutionally-mandated separation of powers, the Bush Administration has brought us to another constitutional crisis. How this will end is up to the Courts, to Congress and to us, the citizens of the United States who hold those elected officials accountable.
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Labels: constitution, David Frost, FISA, Natural Law, Nixon, NSA, spying, telephone companies, warrantless spying