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Yo, Dunderheads! FISA Has Always Been Exclusive

Yo, Dunderheads! FISA Has Always Been Exclusive

One of the so-called "improvements" in the pending FISA "compromise" bill is that the bill has language which purports to make FISA the exclusive means by which the executive branch can conduct foreign intelligence surveillance.I always thought this claim was laughable because, since its inception, FISA has always been the exclusive means by which the executive branch can conduct foreign intelligence surveillance.So, when you hear some Congress critter, or more recently General Election Candidate Obama, try to tell you that it’s OK to gut the 4th Amendment, stare decisis, and judicial...

July 4, 2008
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Investigating the Investigator? Or Pre-Emptive Slime?

Investigating the Investigator? Or Pre-Emptive Slime?

I don’t know if many of you know this, but I once worked in an IG’s office.  And one of the first things you learn in an IG’s office, is never to let the government you are investigating catch you doing your job.Today’s about the FBI opening an investigation into the actions of the Special Inspector General for Iraq Reconstruction.The investigation of Stuart Bowen involves possible electronic tampering, including alleged efforts by the inspector general to go through e-mails of employees in his office, said two officials close to the inquiry Thursday. It is being handled by the FBI’s...

December 14, 2007
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Can You Spell "Obstruction"? - Shadowproof

Can You Spell "Obstruction"? - Shadowproof

The report runs over 350 pages, so I don’t think I can do significant analysis in a single blog post. It’s going to take a few days and a bunch of posts to see how much, if any, new material appears in this document.One of things that strikes me about this report is how the White House has, insanely, asserted "Executive Privilege" with respect to document requests from an Executive Branch Agency. Executive Privilege is something you assert when you get a request from ANOTHER BRANCH OR LEVEL OF GOVERNMENT.Eh, sorry. Didn’t mean to raise my voice there, but sometimes the level of stupid —...

September 18, 2019
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Deja Vu All Over Again? US v. Joseph Altstoetter - Shadowproof

Deja Vu All Over Again? US v. Joseph Altstoetter - Shadowproof

Sixth in a seriesIn 1949 the Court in Nuremberg heard the "justice" case. This prosecution was of lawyers and judges for actions taken to provide a gloss of legality to atrocities committed by the Third Reich.The "Justice Case" was officially designated United States of America vs. Josef Altstoetter, et al. (Case 3). Of the sixteen defendants indicted, nine were officials in the Reich Ministry of Justice. The two persons who held the position of Reich Minister of Justice during the Hitler regime, Franz Guertner and Georg Thierack, were both dead before the indictment was filed. Between...

September 18, 2019
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Libby Trial Primer: Evidence I - Shadowproof

Libby Trial Primer: Evidence I - Shadowproof

During a trial, the lawyers for each side present evidence to prove their version of what happened. There is some confusion in the public mind about what constitutes “evidence,” so I thought I would hit on some of the bigger categories of and tell you a few rules about how that evidence may be admitted into a trial and limitiations on it’s use.This post, and Part II to come, are BY NO MEANS EXHAUSTIVE OR CONCLUSIVE on the topic (that would take a 6 credit, two semester course), but is meant to be rough guide to some things that might come up during Fitzmas and might otherwise be...

September 20, 2019
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More Breadcrumbs from Comey - Shadowproof

More Breadcrumbs from Comey - Shadowproof

I watched the live testimony Jim Comey gave to Senate Judiciary.  I have only just now scooped my jaw up from the ground. In addition to the outright revelations (I mean really–the description of the Hospital scene was right out of some thriller movie?) there are many many breadcrumbs that raise lots of tantalizing questions.For example, at one point he said that the reason the telephone call got through to Ashcroft's hospital room despite Mrs. Ashcroft's ban on such contacts, was because the President called. I guess the switchboard at the hospital didn't think patient privacy rights...

October 12, 2019
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Pardon Me? - Shadowproof

Pardon Me? - Shadowproof

With all the talk of pardons for Scooter Irving, I thought the subject deserved more fact-based discussion than all the wild assed speculation going around, and there has not been a piece with authoritative sourcing or citation in any newspapers I've read.  I thought that all of you might like some usable, verifiable information about how the pardon process actually works in this great nation of ours.Pardons and/or clemency are granted by the President pursuant to authority granted to the President under which reads in pertinent part:Clause 1: The President shall be Commander in Chief of...

March 11, 2007
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The FBI, TREX and the Terrorism Watchlist - Shadowproof

The FBI, TREX and the Terrorism Watchlist - Shadowproof

Many of you have asked in the threads how a particular person gets put on a terrorist watch list.  I didn’t know the answer, at least not with any specificity. Today I got my hands on an audit report issued by the DOJ-IG entitled .  I finally have answer for you (yay), but I don’t think you’re going to like it (boo).First some background basics:There are two basic categories of terrorists that are used in this process, domestic terrorists and international terrorists. There are two basic kinds of "subjects" (that’s people in layman’s terms), investigative subjects and...

March 18, 2008
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