# Judge rules FISA is "exclusive" means for wiretapping -- POTUS can't use CinC power

**URL:** <https://boards.straightdope.com/t/judge-rules-fisa-is-exclusive-means-for-wiretapping-potus-cant-use-cinc-power/455200>\
**Category:** Great Debates\
**Created:** [July 3, 2008, 4:17pm UTC](https://boards.straightdope.com/t/judge-rules-fisa-is-exclusive-means-for-wiretapping-potus-cant-use-cinc-power/455200 "2008-07-03T16:17:02Z")\
**Posts on this page:** 1\
**Showing post:** 24

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 11, 2008, 3:02pm UTC](https://boards.straightdope.com/t/judge-rules-fisa-is-exclusive-means-for-wiretapping-potus-cant-use-cinc-power/455200/24 "2008-07-11T15:02:22Z")

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[QUOTE=Oy!]  
Does the appellate court review the evidence to decide for themselves whether Jack was or wasn’t planning to kill Steve …  
[/quote]

No. They accept that Jack was planning to kill Steve.

> [@](#):
>
> …or do they accept the lower court’s decision and review the legal decision as to whether or not that makes him guilty of Steve’s murder…

George is the one that died (or, in our latest modification, is injured). They review the legal decision that planning to kill Steve, actively _trying_ to kill Steve, but actually killing or wounding George amounts to a particular crime.

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