Thank you for posting this.

Have you started a new thread with this?

Sixth Amendment

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

http://www.law.cornell.edu/constitution/sixth_amendment

There aren't any ifs ands and buts about a public trial.

Also, the defendant is supposed to have "compulsory process for obtaining witnesses in his favor."

Whether or not the NSA requests that Nacchio denied were legal we will never know because it is all "secret." But we do not that the Constitution makes no exception for secret trials or denial of the right to compulsory process for obtaining witnesses in the defendant's favor based on national security. And here and in similar cases in which a defendant needs information sheltered by national security agencies, that compulsory process is denied. Over and over. And that violates the Constitution.

May I remind DUers that the Constitution is the supreme law of the land. Not the NSA. Not presidential decrees. The Constitution is the supreme law of the land.

(Sorry if this sounds condescending, but a lot of DUers seem either not to have read the Constitution or not to understand that is the supreme law along with treaties in the land.)

Looks to me like the NSA and our courts violated it in several serious ways in the Nacchio case.

A lot of DUers have ignored or even ridiculed my warnings that what the NSA has done and is doing endangers many, many of the constitutional rights we have. Among them is the right to a fair trial.

I hope I will see some posts from some of those people admitting that they have been wrong.

I have been accused of having my hair on fire. Actually, my hair is on my very calm head. The NSA is violating our Constitution in very serious ways.

As Nacchio said. This stuff started before 9/11. The terrorism threat is real. Always has been. But the Constitution is what makes our country great. And we have to respond to the terrorism threat WITHOUT VIOLATING OUR CONSTITUTION.

(Before terrorism there was the threat of Communism. There are always excuses for taking shortcuts and violating our rights.)

The NSA reform needs to be done properly. I seriously doubt that it will be. Lose a right. You lose it forever.

For my notes:

http://www.democraticunderground.com/?com=post&forum=1017&pid=185272

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