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Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

theatlanticwire.com

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Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#2
This.

Was a point I raised here just yesterday - glad to see I was on the mark.

This is why we are now in an Orwellian state, rather that one with necessary secrecy but checks and balances.

When Congress can say, "We are reviewing National Security measures to be sure they comply with the law & Constitution, but we can't go into details" - that's the latter.

When Congress is under threat of penalty for even saying that we HAVE National Security measures, that is Orwellian.

Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#3
post #2

This. Was a point I raised here just yesterday - glad to see I was on the mark. This is why we are now in an Orwellian state, rather that one with necessary secrecy but checks and balances. When Congress can say, "We are reviewing National Security measures to be sure they comply with the law & Constitution, but we can't go into details" - that's the latter. When Congress is under threat of penalty for even saying th…

What I don't understand is how this squares with the Speech or Debate clause. Aren't members of Congress protected by the same sort of legislative immunity as they have in the UK, Canada, and Australia (where they call it "parliamentary privilege")?

Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#5
post #2

This. Was a point I raised here just yesterday - glad to see I was on the mark. This is why we are now in an Orwellian state, rather that one with necessary secrecy but checks and balances. When Congress can say, "We are reviewing National Security measures to be sure they comply with the law & Constitution, but we can't go into details" - that's the latter. When Congress is under threat of penalty for even saying th…

What I don't understand is how this squares with the Speech or Debate clause. Aren't members of Congress protected by the same sort of legislative immunity as they have in the UK, Canada, and Australia (where they call it "parliamentary privilege")?

I think it's more a case of, "oh, I see you don't want to be re-elected. We can arrange that" rather than direct prosecution.

That's why you don't see guys like Bernie Sanders on those committees :-)

Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#7
post #2

This. Was a point I raised here just yesterday - glad to see I was on the mark. This is why we are now in an Orwellian state, rather that one with necessary secrecy but checks and balances. When Congress can say, "We are reviewing National Security measures to be sure they comply with the law & Constitution, but we can't go into details" - that's the latter. When Congress is under threat of penalty for even saying th…

What I don't understand is how this squares with the Speech or Debate clause. Aren't members of Congress protected by the same sort of legislative immunity as they have in the UK, Canada, and Australia (where they call it "parliamentary privilege")?

Somewhat. Article I, section 6 of the United States Constitution: "They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and return from the same; and for any speech or debate in either House, they shall not be questioned in any other place."

How that plays out in this situation, I'm not sure, since I'm not a Constitutional Scholar, nor a lawyer.

Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#8
Article 1, Section 6: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place"

Re: Obama's NSA Defense: Congress Can Raise Objections It Can't Actually Raise

#9
post #8

Article 1, Section 6: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place"

I don't understand why some of them aren't becoming whistleblowers, either. Maybe because Obama has already shown he is willing to use the Espionage Act against whistleblowers, because his logic is that "any revelation of our wrongdoings helps the enemy". That seems like a very weak argument to me either way.

But why aren't Americans in the street already? Europeans would be already in the street by now for a lot less than this. Remember the ACTA protests?

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