Friday, December 23, 2005

Wow, denied but done anyway!

Here's an interesting article from The Washington Post Here is a little taste for you.

The Bush administration requested, and Congress rejected, war-making authority "in the United States" in negotiations over the joint resolution passed days after the terrorist attacks of Sept. 11, 2001, according to an opinion article by former Senate majority leader Thomas A. Daschle (D-S.D.) in today's Washington Post.

So, his request for war powers inside the United States was flat out rejected by Congress. That's quite understandable as the military is not a domestic police force. What I want to know is given that, how can he say that his justification for the warrantless wire taps is the Authorization for the Use of Military Force? Doesn't this realization make him saying that nothing but bold face lying?

The Justice Departmans is weighing in on the subject as well and sent a letter to Congress. The following can be found in that article as well.

The Justice Department acknowledged yesterday, in a letter to Congress, that the president's October 2001 eavesdropping order did not comply with "the 'procedures' of" the law that has regulated domestic espionage since 1978. The Foreign Intelligence Surveillance Act, or FISA, established a secret intelligence court and made it a criminal offense to conduct electronic surveillance without a warrant from that court, "except as authorized by statute."

There is a big...I mean huge BUT to this. In the same letter, Assistant Attorney General William Moschella said the following.

Yesterday's letter, signed by Assistant Attorney General William Moschella, asserted that Congress implicitly created an exception to FISA's warrant requirement by authorizing President Bush to use military force in response to the destruction of the World Trade Center and a wing of the Pentagon. The congressional resolution of Sept. 18, 2001, formally titled "Authorization for the Use of Military Force," made no reference to surveillance or to the president's intelligence-gathering powers, and the Bush administration made no public claim of new authority until news accounts disclosed the secret NSA operation.

But Moschella argued yesterday that espionage is "a fundamental incident to the use of military force" and that its absence from the resolution "cannot be read to exclude this long-recognized and essential authority to conduct communications intelligence targeted at the enemy." Such eavesdropping, he wrote, necessarily included conversations in which one party is in the United States.


Honestly, there is no suprise here. Do you really think someone who owes his job to President Bush would say something against him? Only once has a war been fought by the government against citizens of this great nation. It was called the Civil War. Granted, there are no armies moving against each other as the case was then, but still if Mr. Bush continues to use the Authorization for the Use of Military Force as his justification for the wiretapping, doesn't that essentially mean that he has declared war on American citizens whether they be guilty or innocent? I guess it's time to see how good the tap dance is for this one.

The Life of Tork

Ok, so I am a glutton for punishment. I know that there aren't many people who read this here blog, but for those of you who do, keep an eye on this blog for a forthcoming new projcect titled, The Life of Tork.

Consid this blog my opinion column and that Life my autobiography. Just a warning, but my life is so boring it will probablly make you cry.

Wednesday, December 21, 2005

Intelligent Design?

Huh? Does that mean aliens made us? Oh wait! That's right it refers to some kind of "higher" power. I guess that means god then. Sounds like Creationism to me, and luckily a federal judge agreed. You can find the full article on MSNBC. Here is a brief snippet from the article.

U.S. District Judge John E. Jones delivered a stinging attack on the Dover Area School Board, saying its first-in-the-nation decision in October 2004 to insert intelligent design into the science curriculum violates the constitutional separation of church and state.

Don't get me wrong, I believe religion has it's place if that's your thing. A public school funded by the government is not one of those places.

Here's a little something that irritates me. The original school board that put forth this new curriculum had said that it was for secular reasons and not religious. They wanted to students to realize that the Theory of Evolution has holes in it. Obviously that was a blatant lie given this:

Former school board member William Buckingham, who advanced the policy, said from his new home in Mount Airy, N.C., that he still feels the board did the right thing.

"I'm still waiting for a judge or anyone to show me anywhere in the Constitution where there's a separation of church and state, he said. We didn't lose; we were robbed."


First off Mr. Buckingham, I need to tell you I am really glad you weren't on any schoolboard associated with any school where I live. I really prefer people who have even a small amount of intelligence deciding what kids should be taught. As I am sure anyone who has had any kind of high school social studies class can tell you, what follows is where exactly in the Constitutiseparationeration of church and state is laid out.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

If you still can't figure it out, it's the first amendmant to the Constitution. It's part of the Bill of Rights.

Some of the earliest colonists and therefore some of the founders of the United States were themselves targets of religious prosecution in the countries they were originally from because they worshipped and believed differently than the dominant religion. That's why the amendmant is there. By the government embracing no religion, it embraces all religions and beliefs by allowing us to freely practice what we want.

Mr. Buckingham, this is a democracy, not a theocracy. If you want a theocracy, why don you try moving to Iran. I even gave you a link to help you on your way out of the country.

One thing of note! Judge Jones is a Republican and a church goer. Just had to put that out there. Every once and a while you find a good one.

Tuesday, December 20, 2005

Surveillance of Americans

Well if it isn't the Pentagon spying on Americans it's the NSA at the behest of the president. I am sure that most of you have already heard about these things given that this news is a few days old, but that's not going to keep me from giving my two cents on the subject.

For those of you who have been living under a rock, here is a link to the latest article on CNN regarding this situation.

I have a few problems with this as I am sure most Americans concerned about our civil liberties do, so let's go over them shall we. The following is taken from an entry in Wikipidea concerning the Foreign Intelligence Surveillance Act.


The Act created the Foreign Intelligence Surveillance Court and enabled it to oversee requests for surveillance warrants by federal police agencies (primarily the F.B.I.) against suspected foreign intelligence agents inside the U.S. The court is located within Department of Justice.

Proceedings before the FISA court are ex parte and non-adversarial. The court hears evidence presented solely by the DOJ. There is no provision for a release of information regarding such hearings, or for the record of information actually collected.



It is beyond me how Bush can justify what he authorized when there is a court specifically set up to issue warrants for what he wanted the NSA to do. So, let's see. There is one law that he violated.

Here's a little snippet from over in China concerning the Patriot Act.

WASHINGTON, Dec. 19 (Xinhuanet) -- US President George W. Bush on Monday criticized senators who have blocked the renewal of the Patriot Act, saying these senators should explain why the law "is no longer necessary."

Speaking at a news conference at the White House, Bush said the Patriot Act provided law enforcement and intelligence agencies key tools to prevent attacks in the United States and was a "vital tool in the war on terror."

The law "tore down the legal and bureaucratic wall that kept law enforcement and intelligence authorities from sharing vital information about terrorist threats. It allows federal investigators to pursue terrorists with tools already used against other types of criminals," he said.


One thing that the Patriot Act did was increase the size of the Foreign Intelligence Surveillance Court. Let me ask, why was this needed in the first place when Bush was going to authorize surveillance without warrants? We all know Bush's disapproval of what he terms "activist judges". It seems to me that he has decided that it's better to circumvent the whole judicial system than to go the legal route.

Here is what the president believes lets him spy on American citizens without a warrant. It's the
Authorization for Use of Military Force. I must be missing something though, because the only thing that does is allow the president "to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001."

Question! Is the NSA a part of the military, and is the use of surveillance actual military force? I must be missing the connection somehow. Could it be possible that the president is actually smarter than me? Ok, I couldn't keep a straight face when I typed that one.

Monday, December 19, 2005

I'm here.

I know. I have been lax in posting. Blame it on the holidays or something. That's what I am doing. In the meantime look for a post sometime later in the day today. I have some choice words that I want to say for the dictator of the U.S.

Monday, December 12, 2005

Federal Judge or Santa Claus?

NEW ORLEANS - A program that put Hurricane Katrina evacuees in hotels at government expense while they sought other housing must be extended until Feb. 7, a month beyond the deadline set by the Federal Emergency Management Agency, a federal judge ruled Monday.

U.S. District Judge Stanwood Duval’s temporary restraining order came in a class-action lawsuit filed in November by advocates for hurricane victims. Attorneys pressing the lawsuit said FEMA should not be allowed to end the hotel program because it has failed to provide other housing aid, such as rental assistance checks, to many victims who qualify for it.


That is the beginning of this article from the Associated Press over on MSNBC. It amazes me that FEMA would even consider stopping this program without providing these people with the assistance that they qualify for. Yet again FEMA has dropped the ball, but this time someone is actually doing something about it.

Friday, December 09, 2005

Guilty Because Immigration Authorities Say So!

Ok, I am sure some of you have seen this article. Here's a quick snippet to start the discussion.


Federal authorities hit with a stunning defeat in a terrorism case against a former Florida college professor are considering deporting him instead of retrying him.

A complex case that took a decade to assemble was rejected Tuesday when a jury acquitted Sami Al-Arian of eight of the 17 federal charges against him and deadlocked on the rest.



Ok, seems to me the guy was not found guilty. If they decide to retry him, isn't he innocent until proven guilty? At least that's what I thought. Instead, it appears that immigration is going to take matters into it's own hands.


If the government decides to abandon the remaining charges, it is doubtful Al-Arian will be permitted to return to his previous life in Tampa. He had been a computer engineering professor at the University of South Florida but was fired after his indictment.

U.S. immigration authorities are holding him on an immigration detainer and will probably try to deport him if he is released from jail. The agency can deport any foreigner it deems a terrorism risk. The burden of proof for deportation is lower than it is in the criminal courts.



So, here is what I am seeing. He wasn't found guilty. The government is questioning whether or not they should retry him. Immigration is waiting for their crack at him because it's easier to call him a terrorist as far as they're concerned. Doesn't that seem like the government is circumventing our judicial system?

With the Patriot Act in place, prosecutors couldn't get a conviction. I guess that goes to show you what a giant steaming pile of poo it really is.

Thursday, December 01, 2005

World AIDS Day.

That's what today is kids. Let me tell you, my uncle is poz and a couple other people in my life who I care about are as well. I cannot stress enough to you all how important it is that if you play, you play safe.

You want to do something today? Go get yourself tested!

This has been a piblic service anouncement from me. Have a nice day.