Alito Defended Officials From Wiretap Suits

[many a good man]

By DONNA CASSATA, Associated Press Writer 7 minutes ago

WASHINGTON - Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps when he worked for the Reagan Justice Department, documents released Friday show.

...

That case ultimately led to a 1985 ruling by the Supreme Court that the attorney general and other high level executive officials could be sued for violating people's rights, in the name of national security, with such actions as domestic wiretaps.

"The danger that high federal officials will disregard constitutional rights in their zeal to protect the national security is sufficiently real to counsel against affording such officials an absolute immunity," the court found.

http://news.yahoo.com/news?tmpl=story&cid=514&u=/ap/20051223/ap_on_go_su_co/alito_8

[liberalnurse]

1. Lets hang on to this tid-bit.....

I have a strong suspicion it will indeed come in handy in 2006.

[benfranklin1776]

2. Another reason why Junior nominated him.

He will be an eager rubber stamp to uphold unbridled Executive Authority thereby paving the way for Junior and Cheney's creation of the robust new American Police State. In order for the constitution to be saved a filibuster is paramount.

[many a good man]

4. And Roberts, too

At least Roberts will be forced to recuse himself at the impeachment trial in the Senate.

[benfranklin1776]

12. Precisely right as Roberts won his heart with his rulings in these areas.

Particularly moving to Junior was Roberts' agreeing enthusiastically to uphold the right of the President to detain people without charge or trial on his dictate alone. That was Roberts' winning argument. Yes at least at the impeachment trial we will not have to witness Roberts dressed in a robe adorned with racing stripes like Rehnquist. I am sure John Boy would have tried to do him one better and remind the world he is now Supreme Lord High Inqusitioner.

[AuntiBush]

14. Anyone Paying Attention...

Could decipher as to why Roberts and Alito were picked in such a rush.

[0007]

37. We've better start paying attention and start cleaning up organized

crime once and for all. And that mean take dead aim at the White House.

[Yo_Mama_Been_Loggin]

42. Exactly

He's Chimpy's boy. It's all a bit of CYA.

[Straight Shooter]

3. "... in their zeal to protect the national security ..."

Or in their fanatacism to facilitate their imperial agenda.

Jeebers. What is it with Repubs and their obsession with spying on their fellow citizens?

[Wordie]

5. What Alito said:

from the AP article:
The release of the memo by the National Archives comes when
President Bush is under fire for secretly ordering domestic spying of suspected terrorists without a warrant. Senate Judiciary Committee Chairman Arlen Specter, R-Pa., has promised to question Alito about the administration's program.

The memo dealt with whether government officials should have blanket protection from lawsuits when authorizing wiretaps. "I do not question that the attorney general should have this immunity," Alito wrote. (emphasis mine) "But for tactical reasons, I would not raise the issue here."

Recommended.

[many a good man]

9. Forget abortion, this will be the #1 topic in the hearings!

If Alito squirms and repudiates Yoo and Gonzo then the grounds for impeachment are legitimized. If he stands behind this position he will get filibustered when the handful of libertarian conservatives join in.

Add Feingold's filibuster of the PATRIOT Act to the mix and we'll see Constitutional issues finally overtaking the moral value wedge issues on center stage.

2006 is shaping up to be a watershed year.

[Wordie]

15. Because we got a shorter extension of the Patriot Act, that debate will be

going on right at the same time as the Alito confirmation hearings. There is a God!

[EC]

19. Abortion is also in the "Rights to Privacy" issue

that was the grounds for the ruling, that women have the rights to privacy and doctor patient confidentiallity...


It's all part of the same ball of wax...so to speak..

[mopinko]

56. let's see if we can blow away that smoke screen

let's not get all wrapped up in arguments about roe. we have to stop rising to that bait, and calling it out as the smokescreen that it is.

[Torn_Scorned_Ignored]

57. ...And this from NYT

http://www.nytimes.com/2005/12/24/opinion/24sat1.html?th&emc=th

One troubling memo concerns domestic wiretaps - a timely topic. In the memo, which he wrote as a lawyer in the Reagan Justice Department, Judge Alito argued that the attorney general should be immune from lawsuits when he illegally wiretaps Americans. Judge Alito argued for taking a step-by-step approach to establishing this principle, much as he argued for an incremental approach to reversing Roe v. Wade in another memo.

ILLEGALLY WIRETAPS

[Roland99]

6. The fog of doubt is clearing even more.

Couple this with Daschle's letter and it's almost as obvious as the nose on our faces that this administration had a plan all along.

[Andrea]

27. I think you're right, and that's chilling. n/t

[Dr.Phool]

7. K&R #5 Keep this going all through the confirmation hearings!

[Whoa_Nelly]

10. Please clue me in re: K&R

Have been seeing this a lot lately on DU. What's it stand for? I'm on DU everyday, but somehow missed the meaning of K&R.

Thx

[sabra]

11. kick and recommending - kind of a double whammy :-)

[stepnw1f]

8. What is his Opinion on Hitler

I would love to see a quote where he admires the murdering dick head. I wouldn't be a bit surprised if he was a nazi plant.

[librechik]

13. Red Flag!

we'd better fillibuster this asshole...

[ananda]

16. Dismantling essential rights..

.. piece by piece.

Rightwing ideologues ... people like Alito... what a chancre on the corrupt body politic
that America has become.

Sue

[ktlyon]

17. we need to fight this guy to the end

if Dems vote as a block we can do it

[upperleftedge]

22. If Dems vote as a block?

That is a big if, but as someone mentioned it is nice to read 'united democrats' lately.
Yep, I think we should fight every inch of the way on every nasty little thing the bastards bring up. We should reach out to patriotic republicans, and yes, I do think there are some left and begin to clean up the mess these bastards have made of our country and our world. No more right wing nuts appointed to the courts. No more gutting the environment. No more tax cuts for the rich. No more bullshit, "no child left behind" testing instead of teaching. And no more war for oil.

Peace & Impeachment in '06

billy

[bluerum]

18. This guy is such a tool. n/t

[adnelson60087]

20. Would a Roberts Supreme court

rule against BushCo for ANYTHING?? Torture?? WMD lying? Wiretaps? Alito is the key...if he is placed on the Court, we will lose everything.

[truebrit71]

21. Well, well, well....

...Perhaps the abortion issue was a smokescreen after all...Hmmm, a SCOTUS with this guy on board would be quite useful to certain parties when Smirky McCoke-boy gets impeached....

[MsKandice01]

23. If there wasn't reason for a filibuster before..

There DEFINITELY is now!!

[slipslidingaway]

24. National Secrity Archive documents link.

http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB24/press20051219.htm

Just a note their documents are usually in pdf format, there is aother link at the bottom of the above link that explains the various documents. I do not know if there is anything there related to Alito, just saw the National Archive name mentioned in the Yahoo article.

Washington, D.C., December 19, 2005 - "In the wake of revelations that the Bush administration authorized the warrantless surveillance of U.S. citizens in 2002, the National Security Archive reposted its "National Security Agency Declassified" electronic briefing book, first published in January 2000 and updated as recently as this year.

President Bush's recent admission that he authorized the National Security Agency (NSA) to eavesdrop on U.S. persons without obtaining a warrant has focused the nation's attention on the authorities and regulations governing this sensitive issue. The Foreign Intelligence Surveillance Act (FISA) specifically prohibits domestic surveillance by the NSA, the nation's largest intelligence agency, unless it gets permission to do so from the Foreign Intelligence Surveillance Court.

Specific guidance for adhering to FISA policies is spelled out in United States Signals Intelligence Directive 18, the most recent known version of which was issued by the NSA director in July 1993. The directive "prescribes policies and procedures and assigns responsibilities to ensure that the missions and functions of the United States SIGINT System (USSS) are conducted in a manner that safeguards the constitutional rights of U.S. persons."

Also included in "The National Security Agency Declassified" are warnings given by the NSA to the incoming Bush administration in January 2001 that the Information Age required rethinking the policies and authorities that kept the NSA in compliance with the Constitution's 4th Amendment prohibition on "unreasonable searches and seizures" without warrant and "probable cause."

[NightOwwl]

25. Well, of course he did....

and you better believe this was the number one reason he was nominated. Roe v Wade may have had a small part in the decision, but I seriously doubt it. Cheney wanted Alito in preparation for the inevitable revelation (which is occurring now) that Bush/Cheney want imperial presidential powers. No wonder Cheney threw a fit when Bush went behind his back to appoint Harriet Miers.

[progressoid]

26. Well greeeat.

[Roon]

28. Alito defended government wiretap rights

WASHINGTON - Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps when he worked for the Reagan Justice Department, documents released Friday show.

He advocated a step by step approach to strengthening the hand of officials in a 1984 memo to the solicitor general. The strategy is similar to the one that Alito espoused for rolling back abortion rights at the margins.

http://msnbc.msn.com/id/10586849/

[Turbineguy]

29. I would not worry about Alito

Like any good conservative, he's bound to have a few embarrassing skeletons in the closet which will make their appearance in the fullness of time.

We may end up with a GW Bush appointee who has to resign from the Supreme Court!

He can live in his car like a lot of other "beneficiaries" of the Bush Economic miracle.

[many a good man]

33. This one is topical and on point

This skeleton is pointing a flashlight at the one obvious impeachable offense committed by bushco. This observation should not be trivialized.

We are talking about the most fundamental freedom enshrined in our Constitution. This battle has been waged in the past and the American people have prevailed in the defense of liberty. We must focus on this issue because it symbolizes the monster we are up against.

[greiner3]

30. Impeach Alito!

:sarcasm:

[greiner3]

31. They're finally getting around to it on Bloomberg; n/t

[kerry-is-my-prez]

32. on MSNBC right now

n/t

[Nightwing]

35. Any Dem that votes to confirm Alito....

...is a traitor plain and simple. No way in hell does this BS stand!! Filibuster the bastard till it hurts and NEVER allow this * prick to be on the USSC, period!!

[SillyGoose]

34. Surprise surprise surprise..........not.

I hope the Dems don't roll over on Alito. Major red flag here.

[gulfcoastliberal]

36. I don't see how it could get any worse than this scumbag!

For those who say blocking him is pointless as we'll just get someone as bad or worse! FILIBUSTER!

[DFWdem]

38. I don't see how this can be legitimately used against him

The republicans can squash this angle with the following: Ramsey Clark is defending Saddam Hussein. Does that mean he is an advocate of war, rape, and torture?

[many a good man]

41. Depends. Will he have to answer questions about it?

He advised his clients to take an incremental approach to banning our Constitutional rights to privacy and implementation of a police state with no accountability. This was his "contribution."

Granted, he advised the govt to follow the legal process, not sidestep it entirely. Does the Perpetual War on Terror change this? Over the next few decades he SCOTUS will tackle groundbreaking cases where Terror and Technology collide. Its vital that we know where this lifelong appointee stands on issues of our fundamental freeedoms.

[thebigidea]

55. as if the Dems are about to nominate Clark for the SC

fucking ridiculous. As if Clark hasn't been persona non grata with the Democratic Party for, ooo, i dunno, decades?

nice distraction, though. you get points for that.

[Divine Discontent]

39. WOW, read this

DEEPLY DISTURBING. call your senators TODAY. Mine (republicans) had a receptionist who said they at the office were very surprised by the Alito info today ALSO! YES, he said it. CALL YOURS!


http://www.cafepress.com/nowmdsnowar
http://www.cafepress.com/dontmakemedoit

[Justice Is Comin]

40. This is only superseded by

the revelation that they have a memo now where Alito says they should "OVERTURN" Roe V Wade. The F word is almost guaranteed! :bounce:

[kskiska]

43. WP: Alito Urged Wiretap Immunity

Memo Offers Look at Nominee on Privacy

Saturday, December 24, 2005; Page A01

Supreme Court nominee Samuel A. Alito Jr. once argued that the nation's top law enforcement official deserves blanket protection from lawsuits when acting in the name of national security, even when those actions involve the illegal wiretapping of American citizens, documents released yesterday show.

As a lawyer in the Reagan Justice Department, Alito said the attorney general must be free to take steps to protect the country from threats such as terrorism and espionage without fear of personal liability. But in a 1984 memo involving a case that dated to the Nixon administration, Alito also cautioned his superiors that the time may not be right to make that argument and urged a more incremental approach.

"I do not question that the Attorney General should have this immunity," Alito wrote. "But for tactical reasons, I would not raise the issue here."

To date, much of the debate involving Alito's nomination has centered on his views on abortion. The latest of Alito's memos to be disclosed opened a window on his thinking in the area of national security vs. privacy rights, an issue that is currently under considerable scrutiny.

more…
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/23/AR2005122301566.html

[tularetom]

44. I don't believe that revelations like this

help his chances to be confirmed. Most people I know are at least kind of creeped out at the wiretapping stories and wouldn't be comfortable with a supreme court that would just give * blank check to snoop on everybody. Not all of us are gonna get abortions but we all talk on the phone and I want the judiciary to protect me from the government, not encourage them to spy on me. Besides if they can screw with the 4th Amendment, how safe is the 2nd? Or the 1st?

[ret5hd]

45. this "incremental approach" seems to be a theme of his...

kinda kills all those arguments that deny the idea of a "slippery slope"

[usregimechange]

46. Scalito to the rescue.

[usregimechange]

47. Kicked and nominated. Do the same, rattle the cages!

[usregimechange]

48. kick

[goforit]

49. Blanket protection???......Go to hell Alito!!!

[Octafish]

50. NYT: Alito Memo in '84 Favored Immunity for Top Officials

Just another goose-stepping turdball of the BFEE:

Alito Memo in '84 Favored Immunity for Top Officials

By ADAM LIPTAK and DAVID E. ROSENBAUM
The New York Times

The attorney general should be immune from lawsuits for ordering wiretaps of Americans without permission from a court, Samuel A. Alito Jr., President Bush's Supreme Court nominee, wrote in a memorandum in 1984 as a government lawyer in the Reagan administration.

The memorandum, released yesterday by the National Archives, made recommendations concerning a lawsuit against former Attorney General John N. Mitchell over a wiretap he had authorized without a court's permission in 1970. The government was investigating a plot to destroy underground utility tunnels in Washington and to kidnap Henry A. Kissinger, the national security adviser.

The White House said yesterday that the issues discussed in that memorandum were not the same as those posed by President Bush's orders to the National Security Agency to eavesdrop on international communications without warrants.

"Judge Alito's memo regarding a purely domestic threat is completely different from N.S.A.'s efforts to thwart threats from foreign terrorist organizations," said Steve Schmidt, a White House spokesman.

In a letter to Judge Alito, Senator Charles E. Schumer of New York, a Democrat on the Judiciary Committee, said yesterday that he would question him vigorously about his current views on whether the attorney general and other top officials "have absolute immunity from suits based on even willful unconstitutional acts."

CONTINUED...

http://www.nytimes.com/2005/12/24/politics/politicsspecial1/24alito.html?ei=5094&en=2fe7f20797cd6951&hp=&ex=1135400400&partner=homepage&pagewanted=print

Impeachment should be the least of their worries.

[thebigidea]

51. I love how their excuse is "well, he didn't mean it. His client did."

whereas that would never fly if it was some ACLU-affiliated lawyer being considered for the bench.

[ShockediSay]

52. THAT DOES IT! THAT REALLY DOES IT

If this aspirant to the Supreme Court of the United States thinks (or thought) that some disgrace of an attorney general AND lawyer, a convicted felon, should be above the law, THAT'S IT!


signed
some lawyer

[SkiGuy]

53. Alito Urged Wiretap Immunity

By Jo Becker and Christopher Lee
Washington Post Staff Writers
Saturday, December 24, 2005; Page A01

Supreme Court nominee Samuel A. Alito Jr. once argued that the nation's top law enforcement official deserves blanket protection from lawsuits when acting in the name of national security, even when those actions involve the illegal wiretapping of American citizens, documents released yesterday show.

Democrats were quick to link the issues yesterday, saying Alito's memo raises questions about his commitment to protecting civil liberties by checking executive power. The type of absolute immunity that Alito discussed would have shielded attorneys general even when their actions violated constitutional rights.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/23/AR2005122301566.html?referrer=email

Why did WaPo release 2 HUGE stories around a busy time? (edit: added this comment)

[pinniped]

54. Phase II of these scumbags' plans will allow homes...

to be searched without warrants at any time, all under the guise of this so-called national security, of course.

It's a normal progression, phones then homes. Soon after that comes illegal searches of anyone walking along a public street.

If someone they wanted to monitor doesn't have a phone, the JBT door kickers would have to be called.

[sattahipdeep]

58. Turn over names of all who were secretly wiretapped.

Bush to face tough questions over Patriot Act, spy orders

Rep. Barbara Lee, D-Oakland, has introduced a resolution
requiring the White House to turn over the names of all
who were secretly wiretapped. Associated Press photo by Dennis Cook