Case Closed
A group of 14 prominent law professors and former government officials has submitted a detailed letter to Congress in response to the Department of Justice's white paper on the NSA surveillance program. The letter is direct, well-written, and its analysis is unassailable. The letter quickly and easily dispatches with all of the arguments put forward by the DoJ. If any doubt still lingers in your mind that what the president has done is illegal, this letter will quickly dispel that doubt. The Administration's legal position is thoroughly meritless. Case closed.
posted by A.L. at 11:08 PM
3 Comments:
Well - I wish.
You see the case - this case has not yet been heard by the new supreme court!
And just because the SC rejected the argument of the administration in Rasul v. Bush, 542 U.S. 466 (2004), doesn't mean that Roberts and Alito won't have something new to say on the UNITARY privledges of the Executive branch.
So don't count your chickens just yet...
I love lawyers! They bury the slamdunk in, of all things, a footnote! (Number 5 on page 4)
Patriot II, in 2002, would have amended FISA "to extend its fifteen-day authorization for warrantless wiretapping to situations where Congress had not declared war but only authorized use of military force..."--the very thing that Gonzales will swear the 2001 AUMF did.
I wish I, as a lawyer, had an equal measure of, ahem, chutzpah for unblushingly making arguments that fly in the face of the record.
Go to-
http://balkin.blogspot.com/
and see-
Friday, February 03, 2006
Senator Roberts Declares FISA Unconstitutional
Marty Lederman
Senator Pat Roberts of Kansas, Chairman of the Senate Intelligence Committee, today issued a 19-page letter to the Senate Judiciary Committee in which he became (as far as I know) the first member of Congress to opine that the NSA's doemstic wiretapping program is lawful.
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