more on Could NY Times face a treason trial?

[David Farber <dave () farber net>]

Begin forwarded message:

From: Michael Bacarella <mbac () netgraft com>
Date: January 25, 2006 12:12:32 PM EST
To: David Farber <dave () farber net>
Subject: Re: Fw: [IP] more on Could NY Times face a treason trial?

On Wed, Jan 25, 2006 at 10:18:30AM -0500, Michael Bacarella wrote:
> 2) Lots of heat and little light on this issue.  In particular, we
> don't know what the folks at the NSA have actually been doing, and   
> they
> aren't going to say because it gives away methods and means.  We  can
> speculate about it, but without knowing exactly, it seems   
> questionable
> to assert that X *is* breaking the law or is *not*  breaking the law.
> Paranoia about the NSA and dislike/like for  George W. Bush are
> undoubtedly distorting the whole issue.  I'd  suggest taking a deep
> breath, and only making statements that we know  are grounded in fact,
> if any additional statements need to be made at  all.

I have yet to see anyone cut to the heart of this scandal and reveal
the core issue the way security expert Bruce Schneier did more than
a month ago.

It's not about the NSA's cool secret gadgets, or about partisan  
politics,
or even directly about the 4th amendment.

http://www.schneier.com/blog/archives/2005/12/the_security_th_1.html

        ``In defending this secret spying on Americans, Bush said that
        he relied on his constitutional powers (Article 2) and the joint
        resolution passed by Congress after 9/11 that led to the war in
        Iraq. This rationale was spelled out in a memo written by John Yoo,
        a White House attorney, less than two weeks after the attacks of
        9/11. It's a dense read and a terrifying piece of legal contortionism,
        but it basically says that the president has unlimited powers to
        fight terrorism. He can spy on anyone, arrest anyone, and kidnap
        anyone and ship him to another country ... merely on the suspicion
        that he might be a terrorist. And according to the memo, this power
        lasts until there is no more terrorism in the world.''



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