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2006-10-19 7:56 AM

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Subject: Goodbye America....

Many have wondered, "How did Hitler gain so much power?"  The answer is that he acquired most of it through legal means.  In 1931, the "Enabling Act" allowed Hitler to make laws without going to the German equivalent to a Congress.  He was given a blank check by a frightened nation that was feeling threatened.  Thus began the Hitler regime.

With the signing of the terrorist bill, this Congress has granted our President virtually the same powers.  Now, our President can appoint 3 men of his choosing to decide if anyone is deemed an enemy of the state and imprison them without telling them why or allowing them to defend themselves in a court of law.  They can be tried and convicted without being provided with the evidence against them or without even being at their own trial.  What is worse, this applys to both non-Americans and AMERICAN citizens alike.  Even materially contributing to an organization that, in the opinion of 3 of his lackeys, supports a terrorist organization can land get one picked up and taken away.  If someone donates money to a charity and that charity gives it to someone who they unknowingly has ties to someone involved in a terrorist organization, the person who initially donated the money can go bye bye.

We now allow for torture and we have admitted to using "waterboard" methods to illicit information; the same waterboarding treatment that we arrested and tried people for using during WW2.  We have come full circle and now embrace the very thing we opposed a few decades ago.  Now we have signed away the right to Habeus Corpus and given this power solely to one man to decide...bypassing the courts and the basic rights of a human to defend himself or even have access to the information with which he is being held against.  We have negated the rights alloted by the Geneva Convention.

How will this new power be used by this or any other President; the power to imprison without warning and without explanation?  This is no longer the America I learned about and grew up loving.  We have taken the first steps towards becoming the very thing that we were built against.  The worst part about it is that most Americans are unaware of the dangers that we are facing from within; too concerned about the drama unfolding in Dancing With The Stars than to realize that the very fabric of our rights and freedoms was just signed away and given over to an Uber-president.

For more, watch the professor of Constitutional Law at George Washington U..  Former advisor to Bush 1 and the Congress' choice as constitutional advisor during the Clinton impeachment trials.

http://www.msnbc.msn.com/id/15318240/  (click launch on the right)



2006-10-19 8:24 AM
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Subject: RE: Goodbye America....

I imagine the Supreme Court will have something to say about it eventually, but in the meantime we get to look like Mother Russia for a while.

Here's the House vote on the bill: http://www.govtrack.us/congress/vote.xpd?vote=h2006-491

It was basically right down party lines, with ~30 dems voting for and I think 7 republicans voting against. Hastert, after the bill was passed, said this:

"House Republicans have worked hard to create a system that will protect our troops on the battlefield, while also conforming to international laws and treaty obligations. This is not enough for the Democrats who continue to support rights for terrorists. In fact, Democrat Minority Leader Nancy Pelosi and 159 of her Democrat colleagues voted today in favor of MORE rights for terrorists. So the same terrorists who plan to harm innocent Americans and their freedom worldwide would be coddled, if we followed the Democrat plan."

Apparently, he still doesn't get that authorizing torture is something we, as a democratic nation, are supposed to decry. And I don't see how, by any stretch of the imagination, this law is in line with the Geneva Convention.

The senate vote is here: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00259

Again down party lines (mostly).

The message this new law gives is that we're not any better than the terrorists. It's sad and shameful.

Here's a question: if torture is OK, why'd we go through the trouble of ousting Sadaam?

 

2006-10-19 8:26 AM
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Subject: RE: Goodbye America....
Actually Jim, Turley seems to think that the supreme court vote is going to come down to Justice Kennedy who has already made references to the idea that he would probably OK it.  Scary....
2006-10-19 8:28 AM
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Subject: RE: Goodbye America....

The Mac - 2006-10-19 9:26 AM Actually Jim, Turley seems to think that the supreme court vote is going to come down to Justice Kennedy who has already made references to the idea that he would probably OK it.  Scary....

Well, so far the courts have done a good job, despite their makeup, of reigning the administration in. I can only hope that it'll continue. <fingers crossed>

2006-10-19 8:39 AM
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Subject: RE: Goodbye America....
The Mac - 2006-10-19 7:56 AM

Many have wondered, "How did Hitler gain so much power?"  The answer is that he acquired most of it through legal means.  In 1931, the "Enabling Act" allowed Hitler to make laws without going to the German equivalent to a Congress.  He was given a blank check by a frightened nation that was feeling threatened.  Thus began the Hitler regime.

 

Great lesson on history, but first thing in the liberal/progressive/Democrat handbook is compare Conservatives to Hitler. Item number two is play race card.

With the signing of the terrorist bill, this Congress has granted our President virtually the same powers.  Now, our President can appoint 3 men of his choosing to decide if anyone is deemed an enemy of the state and imprison them without telling them why or allowing them to defend themselves in a court of law.  They can be tried and convicted without being provided with the evidence against them or without even being at their own trial.  What is worse, this applys to both non-Americans and AMERICAN citizens alike.  Even materially contributing to an organization that, in the opinion of 3 of his lackeys, supports a terrorist organization can land get one picked up and taken away.  If someone donates money to a charity and that charity gives it to someone who they unknowingly has ties to someone involved in a terrorist organization, the person who initially donated the money can go bye bye.

 

OK... this president can't even tap a phone of an overseas terrorist call, freeze terrorist funds, or hold terrorists that they themselves don't adhere to Geneva convention without the ACLU losing their shorts, yet all of a sudden he will automatically get by with detaining opponents? Stalin would only have it so easy!

We now allow for torture and we have admitted to using "waterboard" methods to illicit information; the same waterboarding treatment that we arrested and tried people for using during WW2.  We have come full circle and now embrace the very thing we opposed a few decades ago.  Now we have signed away the right to Habeus Corpus and given this power solely to one man to decide...bypassing the courts and the basic rights of a human to defend himself or even have access to the information with which he is being held against.  We have negated the rights alloted by the Geneva Convention.

 

God forbid we make somebody hold their breath. They only decapitate ours, or just plain blow us up! God forbid we make them question their existence for an exchange of information.

How will this new power be used by this or any other President; the power to imprison without warning and without explanation?  This is no longer the America I learned about and grew up loving.  We have taken the first steps towards becoming the very thing that we were built against.  The worst part about it is that most Americans are unaware of the dangers that we are facing from within; too concerned about the drama unfolding in Dancing With The Stars than to realize that the very fabric of our rights and freedoms was just signed away and given over to an Uber-president.

I agree with Americans being unaware for the most part. As long as we can get our new sneakers, jeans, gas guzzlers, vacation homes, and Big Macs, we are fat, dumb and happy. Charge an extra 50 cents at teh ATM and we are damn near at the brink of revolution. A$$ Backwards if you ask me.

 

 

Mac, you and I are diametrically opposed most of the time. I think we can acknowledge that and move on; plus, I like you, witty bastard! ;-)

Both sides of the aisle have been shrill about "rights"  and " terror." I feel fortunate that regardless of whether it is Ginsburg or Alito, the SCOTUS sees what is viable legally and constitutionally, and what is blatantly not going to happen. It is the the stuff that is one iota near the line that is difficult. This is more along the lines of what the left has been yammering on about. If you notice, the 1993 WTC bombers were handled by the Clinton Administration as criminals, and put through our legal system, which is what this law intends to do. Before, we just put them in Gitmo and tortured them, according to Messrs Reid and Pelosi. Now, after passing pretty much the law taht guarantees the same treatment that the originial WTC bombers received, again, we hear about Republican "Nazi" tactics. I am interested to see how the elections turn out, and if truly the Democrats win one or both of the houses, what they attempt in their leadership positions. That will truly be a tell.

 

 



Edited by cerveloP3 2006-10-19 8:42 AM
2006-10-19 10:02 AM
in reply to: #572506

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Subject: RE: Goodbye America....
Mac: Just curious have you read the Act(s) implicated here or are you going by what has been reported in the press? I haven't searched through the entire act but I'm curious where you reach your conclusion that the Military Commissions Act applies to American citizens. (I admitt I haven't gotten through the entire Act yet) But this is the language I've found: "This chapter establishes procedures
governing the use of military commissions to try alien un-
lawful enemy combatants engaged in hostilities against the
United States for violations of the law of war and other
offenses triable by military commission."

Additionally, if you actually read the Acts, there is an explanation regarding the "rights" of the Geneva convention and their applicability. Short answer is the Geneva Convention is a treaty between nations and not a source of judicial rights in a Court of Law. the acts themselves re-affirm the long standing requirement prohibiting cruel, inhuman, and degrading treatment.

We may also be tallking about totally different acts/laws. If so sorry in advance.


Again, as I've argued over and over on this board. We as citizens owe a duty to be fully informed and thus it is our duty within our sytem of government to attempt to obtain our information from the primary source. If you question an act, law, statute, or ordinance, don't rely upon news agencies to tell you what that act,law, statute or ordance says or means, read it for yourself.


2006-10-19 10:13 AM
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Subject: RE: Goodbye America....

ASA22 - 2006-10-19 10:02 AM Again, as I've argued over and over on this board. We as citizens owe a duty to be fully informed and thus it is our duty within our sytem of government to attempt to obtain our information from the primary source. If you question an act, law, statute, or ordinance, don't rely upon news agencies to tell you what that act,law, statute or ordance says or means, read it for yourself.

I couldn't disagree more!  We need to have this information advertised during "Lost", "Grey's Anatomy" and "Dancing with the Stars".  It is their responsibility to inform us of what is going on.  I'm sure we would be a much more responsible citizenry if that were the case, and not simply use the time to go to the bathroom. 

 

2006-10-19 10:21 AM
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Subject: RE: Goodbye America....

That is false.  They have three chances to clear themselves.  Military court, whick can be appealed to the court right under the Supreme court and then that can be appealed to the supremem court. Don't believe everything you read from an NBC affiliate.

2006-10-19 10:23 AM
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Subject: RE: Goodbye America....
Just curious as to if anyone really knows what waterboarding is.  If you do, why would you consider it torture?
2006-10-19 10:23 AM
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Subject: RE: Goodbye America....
C-Ray - 2006-10-19 11:21 AM

That is false.  They have three chances to clear themselves.  Military court, whick can be appealed to the court right under the Supreme court and then that can be appealed to the supremem court. Don't believe everything you read from an NBC affiliate.

Please provide a link or a "cut and paste" to back your statement.  Thanks!

 

2006-10-19 10:24 AM
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Subject: RE: Goodbye America....
hangloose - 2006-10-19 11:13 AM

ASA22 - 2006-10-19 10:02 AM Again, as I've argued over and over on this board. We as citizens owe a duty to be fully informed and thus it is our duty within our sytem of government to attempt to obtain our information from the primary source. If you question an act, law, statute, or ordinance, don't rely upon news agencies to tell you what that act,law, statute or ordance says or means, read it for yourself.

I couldn't disagree more!  We need to have this information advertised during "Lost", "Grey's Anatomy" and "Dancing with the Stars".  It is their responsibility to inform us of what is going on.  I'm sure we would be a much more responsible citizenry if that were the case, and not simply use the time to go to the bathroom. 

 



With the amount of commercials during "Lost" they could have read almost every proposed Bill that was before both houses.


2006-10-19 10:24 AM
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Subject: RE: Goodbye America....

C-Ray - 2006-10-19 11:23 AM Just curious as to if anyone really knows what waterboarding is.  If you do, why would you consider it torture?

I consider it torture because the American Government considered it torture and prosecuted it during WW2.

 

2006-10-19 10:30 AM
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Subject: RE: Goodbye America....

So you don't know what waterboarding is?

 

Strapping someone down to a board.

Laying a wet rag over their face

laying them back at an angle with their head below their feet

pouring water over the rag

 

Doesn't sound like torture to me.

 

Putting people on camera to plead for their life right before you slit their throat in front of the entire world.  That sounds like torture.  And it sounds like you are defending the very people that would slit your throat because you are american. 

2006-10-19 10:33 AM
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Subject: RE: Goodbye America....
The Mac - 2006-10-19 10:23 AM
C-Ray - 2006-10-19 11:21 AM

That is false. They have three chances to clear themselves. Military court, whick can be appealed to the court right under the Supreme court and then that can be appealed to the supremem court. Don't believe everything you read from an NBC affiliate.

Please provide a link or a "cut and paste" to back your statement. Thanks!

 

 

All you have to do is read the act that your are opposing to see the light.  The media likes to spin to make it look bad.  They think that American's are too lazy to read the full act, or too stupid to understand the language. 

2006-10-19 10:36 AM
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Subject: RE: Goodbye America....
C-Ray - 2006-10-19 11:30 AM

So you don't know what waterboarding is?

 

Strapping someone down to a board.

Laying a wet rag over their face

laying them back at an angle with their head below their feet

pouring water over the rag

 

Doesn't sound like torture to me.

 

Putting people on camera to plead for their life right before you slit their throat in front of the entire world.  That sounds like torture.  And it sounds like you are defending the very people that would slit your throat because you are american

Just trying to have a lively debate about the issues.  Instead, you accuse me of defending those who kill Americans.  Typical rhetoric from one with no stance and needs to attack the character and the person rather than providing substance to his arguments.  Because I question what my government does, I'm lableled an apologist for terrorists and my very patriotism and love of my country is called into question?  Weak...

 



Edited by The Mac 2006-10-19 10:36 AM
2006-10-19 10:44 AM
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Subject: RE: Goodbye America....

Oh, and another way Bush is like hitler? They both have killed 6 million Jews

Seriously, isnt there a rule that states the first one to compare something in the above discussion to Hitler loses. 



2006-10-19 10:45 AM
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Subject: RE: Goodbye America....
The Mac - 2006-10-19 10:36 AM
C-Ray - 2006-10-19 11:30 AM

So you don't know what waterboarding is?

 

Strapping someone down to a board.

Laying a wet rag over their face

laying them back at an angle with their head below their feet

pouring water over the rag

 

Doesn't sound like torture to me.

 

Putting people on camera to plead for their life right before you slit their throat in front of the entire world. That sounds like torture. And it sounds like you are defending the very people that would slit your throat because you are american.

Just trying to have a lively debate about the issues. Instead, you accuse me of defending those who kill Americans. Typical rhetoric from one with no stance and needs to attack the character and the person rather than providing substance to his arguments. Because I question what my government does, I'm lableled an apologist for terrorists and my very patriotism and love of my country is called into question? Weak...

 

 

I don't recall labeling you as anything.  I do recall saying "It sounds like you are defending those who would slit your throat for simply being american".  If this is not your stance simply state that it is not.  I'm not trying to start a bickering session here.

The Substance is in the very act that is being discussed, why should I have to cut and paste passages?

I don't for one second question your patriotism.  Where do you get that?

I can't stand to hear that all over the world America is being called weak because we won't do what has to be done to win the war.  When we do we are called terrorists.

 To clarify I'm not saying you are saying this.  It is all over the place though.

2006-10-19 10:56 AM
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Subject: RE: Goodbye America....

No problem.  I can understand the point of view that states in order to defeat terror, we must become tougher.  I don't necessarily agree with it.  Don't get me wrong, I believe those that wish to do us harm should be dealt with.  The safety of our country and it's citizens is of much importance.  I do not necessarily believe that the methods to do so that are being passed by this (or any) administration are admirable as they seem to chip away at some of the basic tenants of American doctrine established centuries ago.

As was the case for the Japanese camps, time will tell whether or not current policy will be heralded in years to come or apologized for by successive leaders.

 

2006-10-19 11:03 AM
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Subject: RE: Goodbye America....
Very well said Mac.
2006-10-19 11:27 AM
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Subject: RE: Goodbye America....
bcotten534 - 2006-10-19 8:44 AM

Oh, and another way Bush is like hitler? They both have killed 6 million Jews

Seriously, isnt there a rule that states the first one to compare something in the above discussion to Hitler loses. 

Yup, it's kinda like hiring Al Sharpton for your legal and advisory team.  Once I hear a Nazi comparison, it is immediately clear to me that I am not dealing with someone from a rational position (whic is too bad, because sometimes they have a point)

2006-10-19 11:49 AM
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Subject: RE: Goodbye America....
I came across this op-ed yesterday:

Terror and Cause and Effect

By Andrew Cohen
Special to washingtonpost.com
Wednesday, October 18, 2006; 12:00 AM

We know now what we didn't know then, back in the dark days of the autumn of 2001, and we still cannot get it right. After five years we now have a long track record of seeing what can, will and usually does go wrong when the administration acts unilaterally in the legal war on terror. It has been written into the record of one Supreme Court case after another, one lower court ruling following the next, and still we accept the premise that the rule of law as we knew it could and should be twisted unrecognizably, now and forever more, until this ill-defined, ever-evolving, undeclared war is over.

The detainee legislation that the Congress has just passed, with the advice and consent of White House officials hungering for more legal latitude upon their conduct, represents a complete abdication of the legislative branch's vital duty to act as a brake upon the executive branch. Worse, Congress has now officially become an explicit co-conspirator along with the Bush administration in its five-year-long effort to freeze out of the equation the federal courts, the last bulwark against tyranny. The less-than-do-nothing Congress finally did something and in doing so made a bad situation an order of magnitude worse.

Generations from now, historians and scholars and lawyers and judges will look back upon the past five years, and last month's formal legislative reaction to it, and marvel at the vast gulf between cause and effect. It is of course inapt to compare this atrocious law to the decrees that caused the internment of Japanese-Americans during World War II. But it is not too early to predict that our heirs will look back upon this law, and the dark effort behind it, with the same mixture of astonishment and disgust which our generation feels over what our government did in our name following Pearl Harbor. A Sept. 28 New York Times editorial compared this law with the notorious Alien and Sedition Act of the late 18th Century and, indeed, it is that bad and maybe even worse given what we know of the current war on terrorism.

But back to the grand disconnect that exists between what this law does -- gives the President new broad power -- and what preceded it -- the White House's often bungled use of its already-existing broad power. Long after both President Bush and Osama Bin Laden are gone from the scene, our successors-in-interest will look at this wretched law in particular, and the events upon which it is based, and wonder why Congress dramatically loosened the Bush Administration's legal leash at this time rather than severely restricting it.

Reasoned voices will then ask: What did the White House do between 9/11/01 and 9/11/06 to earn the trust and added authority that the Congress now has given it? What did President Bush do along the terror law front since the Twin Towers fell to cause Congress to place so much faith in him and his Administration when it comes to tiptoeing the tightrope between security and freedom?

The answer to these questions is nothing. So far, some legal experts say, the Bush Administration's track record when it comes to exercising unbridled power has been lame. To put it less mildly, as some legal experts have, it is actionable. Over and over again, they say, the executive branch has deceived Congress and the courts. Over and over again, the Administration has oversold its terror cases. Over and over again it has tried to hide its errors under the veil of "national security."

And after this foreboding pattern and practice by the executive branch what does the Congress do? Does it increase its oversight until it is satisfied that its partners in the White House are doing a better job of fighting the war on terror? Does it give the White House clear and unequivocal limits for its authority? Does it point to the abuses and excesses of the past five years and say, "no more"? No. It does none of these things. Instead, it rewards the White House's behavior with more discretion, authority, and power. And then, to ensure that the White House can safely use its new freedom, the Congress also tries to ensure that the federal courts cannot subsequently come in and put a stop to it all.

Enormous and unchecked new power now has been given to a White House whose officials at first called Zacarias Moussaoui the "20th hijacker" but were wrong; who at first called Jose Padilla the "dirty bomber" but were wrong; who at first called Yaser Hamdi such a threat to national security that he could not even be allowed to talk to his attorney -- until they decided to set him free. Freedom from judicial review now has been given to the same administration officials who allowed Maher Arar, a Canadian citizen whom we now know that they knew was not a terrorist, to be transferred to Syria for torture. Vague or narrow definitions of torture now have been given to the executive branch operatives who are responsible for Abu Ghraib. New powers have been given to the people who brought us the National Security Agency's domestic spying program, the one that some legal experts say violates both federal law and the Constitution.

The list goes on and on. The draconian USA Patriot Act, enacted just weeks after September 11, 2001 without any meaningful review or discussion on Capitol Hill, seems like the Bill of Rights compared with this effort. And yet despite the breadth and weight of this evidence, Congress, our national fact-finding body, has just reached its verdict: The culpable party doesn't just get acquitted -- it goes free with permission to operate under a brand new set of laws made especially for it, laws that will make it even more difficult to ever find it guilty again. This isn't Orwell. It's the Marx Brothers. Only there is absolutely nothing funny about it. Our elected officials have just traded the promise of more security for the actual loss of our liberty.

Thanks to this new law, fewer judges will be willing or able to look behind the curtain and help tell us all what is really happening to those individuals who, under the new law, can be rounded up and denied fundamental rights (like the right to face charges or the right to a trial). Remember the old Reagan saw? Trust but verify? Here, Congress has given the President its trust and ours without verifying whether the White House truly deserved either. The record establishes that it doesn't.

Andrew Cohen writes Bench Conference and this regular law column for washingtonpost.com.


2006-10-19 11:56 AM
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Subject: RE: Goodbye America....
All I needed to see was Washington Post and Andrew Cohen to know that it is worthless to read this editorial.
2006-10-19 12:02 PM
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Subject: RE: Goodbye America....
I was going to put a little note on the top that some of it is a bit partisan but I thikn the overall gist is an important point-

"What did the White House do between 9/11/01 and 9/11/06 to earn the trust and added authority that the Congress now has given it? What did President Bush do along the terror law front since the Twin Towers fell to cause Congress to place so much faith in him and his Administration when it comes to tiptoeing the tightrope between security and freedom?"
2006-10-19 12:04 PM
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Subject: RE: Goodbye America....

He didn't say bush is Hitler, he only stated the paralell between the powers the two established for themselves.  Having that power is one thing how you use it is another.  Bush as horrible as a person I think he is, is not comparable in likeness to Hitler. 

I think that he was trying to outline, and show the seriousness of these powers and how those powers can be used.  History can teach us a lot.  Even though Bush isn't Hitler, it's scary to give anyone that power.  Rather then focusing on the avenues that you have and finding ways to make that intelligence more effective he keeps giving himself more power. 

2006-10-19 12:11 PM
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Subject: RE: Goodbye America....
Global - 2006-10-19 1:04 PM

He didn't say bush is Hitler, he only stated the paralell between the powers the two established for themselves.  Having that power is one thing how you use it is another.  Bush as horrible as a person I think he is, is not comparable in likeness to Hitler. 

I think that he was trying to outline, and show the seriousness of these powers and how those powers can be used.  History can teach us a lot.  Even though Bush isn't Hitler, it's scary to give anyone that power.  Rather then focusing on the avenues that you have and finding ways to make that intelligence more effective he keeps giving himself more power. 

Exactly.  In no way would I draw a parallel between Bush and Hitler.  I'm no fan of Bush, but he's not in the same category as a Hitler or Milosavic.

 

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