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president's precedent
((( "Hamdan versus Rumsfield has nothing to do with the
wiretaps. That was about the use of tribunals." )))

A Supreme Court case is rarely just about the case at hand.
Unless a decision is crafted so narrowly and specifically as to
preclude precedent (as in Bush v. Gore, for example), the
Constitutional questions answered in a case are used as the
legal basis for decisions made by lower courts in similar cases.

The [contradictory] justifications used by the Bush
Administration in the Hamdan case are identical to their
justification for skirting the FISA laws: that (a) the AUMF
provided the President with the proper authorization, and that
(b) as Commander-in-Chief, he inherently had that power all
along. The Supreme Court roundly negated both arguments with
their Hamdan decision, so any FISA-related lawsuit making its
way through the federal court system is going to run into the
brick wall of precedent.

((( "If the president had broken a law every Democrat in
Congress would be calling for his impeachment." )))

The Democrats are currently out of power, and the rubber-
stamp Republicans in Congress will NEVER exercise their
oversight roll so long as there is a Republican President. The
very same people who were up in arms about Bill Clinton's
girlfriend are willing to give Bush a pass on the lies he told that
lead this country to war. Any call for impeachment would be a
wasted effort in the current environment.

Once the Democrats retake Congress this November, though, all
bets are off.
Posted by: buddhistMonkey   Posted on: 07/19/06 You are currently: a Guest | Members login | Terms of Use

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Repeat after me...  Cardinal_Bill | 07/18/06
I find the lack of outrage over this highly amusing...  Confused by religion | 07/18/06
What is more amusing is your ...  ShadeTree | 07/18/06
What is less amusing is your...  buddhistMonkey | 07/18/06
Hamdan versus Rumsfield has ...  ShadeTree | 07/19/06
president's precedent  buddhistMonkey | 07/19/06
Its called privacy  csa0307 | 07/19/06
Prove it wise guy!  ShadeTree | 07/19/06
Whistle-Blower Outs NSA Spy Room  Nigel Johnstone | 07/19/06
hmm but  angst22 | 07/19/06
That 's what the spin machine says  skeptic tank | 07/18/06
What's happening in Mexico?  Nigel Johnstone | 07/19/06

What do you think?

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