--- In FairfieldLife@yahoogroups.com, [EMAIL PROTECTED] wrote:
>
>  
> In a message dated 8/19/06 7:19:57 P.M. Central Daylight Time,  
> [EMAIL PROTECTED] writes:
> 
> Congress  has set up a law requiring him to get a warrant
> after-the-fact. Are you saying that, in the day and age of
> instant communcations, the President doesn't have to follow 
> the law because Lincoln  didn't?
> 
> 
> 
> 
> No not at all. I'm saying if you read the law in question there 
> sure seems to be a lot of wiggle room and if you bring in 
> presidential war powers concerning national security that law may 
> be obsolete. Bush is testing the law  to see how the courts will 
> rule.

No, he isn't.  The administration fought tooth and
nail to *keep* it from being adjudicated in the first
place, and part of the case they eventually made to
the judge was that it should not be heard at all
because it concerned "state secrets."  They also
argued that the plaintiffs (the ACLU, among others)
had no standing to sue.

> Notice while the lower court said it violated  the 
> constitution he doesn't have to stop because it is
> on appeal.

Notice that what *actually* happened was that Judge
Taylor (who wrote the ruling) will rule September 7
on a request to allow warrantless wiretapping to
continue during the appeal; the Justice Department
and the plaintiffs *agreed* that it could continue
until the judge ruled.

> Supreme court will make the final decision.

Assuming the appeals court decision is appealed,
you mean.

Actually, the Supreme Court will make the 
decision as to whether it wants to hear the case.






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