RossValoryRocks wrote:They didn't need to do so.
How so?
FISA was created specifically because a President had wiretapped his own citizens under the guise of national security in wartime.
AUMF was never intended to extend to domestic surveillance.
One of its co-drafters said as much.
It also does not give the President the right to ignore Congressional law.
RossValoryRocks wrote:The laws as written gave the Bush administration, and now the Obama adminisration, the legal fabric to do so.
If that were truly the case, Bush wouldn't have caved and brought the wiretapping programs under FISA.
Which he was right to do, but should've done in the first place.
RossValoryRocks wrote:Also you argument that the appeal didn't negate the lower court ruling is disengeuous. The appeal came with an automatic stay, until SCOTUS rules on it.
The judge's opinion may not be accepted "good law" on the books, but what she had to say is still valid.
Just like dissents are not law, for those that are interested, it's still valid stuff.
Especially considering the lower court was one of the few to actually look at the legality of the program (others only ruled on the ACLU’s standing as a plaintiff).
That's all I'm saying.
You make it sound like people couldn't point out OJ's guilt until the LA jury entered a verdict.
A court doesn't need to rule for other lawyers to point out faulty legal reasoning.
RossValoryRocks wrote:As for the torture aspect, the libs have been throwing out the Geneva Convention as the "rule of law" in this case. Unfortunately for the subhumans, it doesn't apply in their cases.
I’m not arguing that.
Tho, like I said, the Supreme Court granting GITMO detainees POW status could throw a wrench into the mix.
RossValoryRocks wrote:And the UN accords on human rights barely, if at all, touch on the treatment of the subhumans currently being held.
If we try and defend our country hampered by the notion that we are going to do so "nicer" than the other guy then we will lose.
The UN Convention against Torture (signed by Reagan) is very clear.
As it currently stands, we are in violation of international law.
If waterboarding is effective, pull out of the treaty.
It’s that simple.