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December 20, 2005
Debating NSA Surveillance
Once again conservatives are demonstrating they are far more capable of serious debate - especially among themselves - than liberals. This time it's NSA Domestic Surveillance. Orrin Kerr offers an analysis and introduces the issues (the kind only the blogosphere can give the reach it deserves):
Was the secret NSA surveillance program legal? Was it constitutional? Did it violate federal statutory law? It turns out these are hard questions, but I wanted to try my best to answer them. My answer is pretty tentative, but here it goes: Although it hinges somewhat on technical details we don't know, it seems that the program was probably constitutional but probably violated the federal law known as the Foreign Intelligence Surveillance Act. My answer is extra-cautious for two reasons. First, there is some wiggle room in FISA, depending on technical details we don't know of how the surveillance was done. Second, there is at least a colorable argument - if, I think in the end, an unpersuasive one - that the surveillance was authorized by the Authorization to Use Miltary Force
Read the whole thing. George Will weighs in, balancing government's wartime needed "capacity for swift and nimble action" and the "inescapable corollary," "the danger of arbitrary power." He decides Bush's action was a mistake, though only "on the assumption that Congress or a court would have been cooperative in September 2001, and that the cooperation could have kept necessary actions clearly lawful without conferring any benefit on the nation's enemies."
John Hinderaker's in lawyer mode, too, deciding that "as we understand the facts" "intercepts outside the United States that coincidentally sweep in messages sent from America would seem to be obviously within the President's inherent Article II powers."
Even Bill Clinton and Jimmy Carter agreed.
The WSJ which asks Senators to "please stop stripping the Presidency of its Constitutional authority to defend America." Atlas Shrugs says, "The left counts on an America that does not pay attention." Newsbusters asks the NY Times to get its NSA stories straight.
Meantime, Arab News and Democrats seem to be on the same page. And the MSM is working itself into a another brainless tizzy. More leftard brainlessness here, as always.
Posted by bill at December 20, 2005 08:25 PM
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