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Can telecom immunity survive court challenges?

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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-15-07 09:17 AM
Original message
Can telecom immunity survive court challenges?
I have several problems with telecom immunity. I don't think it will survive court challenges. This is why.

1) No law will take precedence over the US Constitution.

2)The immunity is retroactive or an ex post facto law. These are prohibited by the US Constitution. If Congress passes the immunity law and THEN the telecoms turn over the info. They are covered under the law. But for them to give the info before the passing of the law. Merely makes it a crime. The immunity law cannot change the fact that at the time they gave out the info it was a crime. No subsequent Law can alter that fact or obstruct prosecution.

3) The immunity is acting as a Congressional Pardon. Congress does not have the power to pardon crimes. Only the President has that power.

4) Under the IX Amendment. Congress is construing their right to make law and defend the country to deny the IV Amendment privacy rights of the people. This is a clear violation of both the IV and IX Amendments.

Personally I think the telecom immunity will only present a little hurdle to civil and criminal prosecution that is easily overcome. I don't think the law will survive contact with SCOTUS.
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spirit of wine Donating Member (228 posts) Send PM | Profile | Ignore Sat Dec-15-07 09:36 AM
Response to Original message
1. This may be an unsavory way of cornering Bush into
putting his signature on a document that will provide something evidentiary bit for honest lawyers to prosecute everything else on in regards to his ability to enable his prior ability to use loopholes. How these cannot negate one another has yet been attempted probably because it can never be legitimized without serious repercussions in the legal system. One precedent can not stand for long without putting other similar laws in jeopardy as a consequence. This could have a domino effect the longer it remains. I do not know.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-15-07 09:38 AM
Response to Original message
2. if the judge is a bu$h* appointee or has been wiretapped by bu$h*, you bet it will
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Gold Metal Flake Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-15-07 09:57 AM
Response to Reply #2
3. Zachery.
As progressives have been warning since the Reagan admin, the stacking of the court system with radical conservatives is to support a fascist government. The takeover is nearly complete.
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-15-07 10:12 AM
Response to Reply #2
4. Bush doesn't do well in the courts. They are the only branch that hasn't caved.
That's why Bush tries to avoid court like the plague. He loses consistently. Thats because Bush does thing as if the US Constitution doesn't exist. The Constitution is the courts whole existance.
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