Comments on: NSA Surveillance: Blog Post Roundup

By: KMAJ2

KMAJ2 — Sat, 24 Dec 2005 09:24:01 +0000

So many people forget, it was the FISA Court that prevented the Moussouai hard drive from being searched. And people wonder why Bush would have doubts about the FISA Court after 9/11 ? This is politics, plain and simple. Of all the opinions you have shown here, Cass Sunstein’s carries the most weight as an expert in Constitutional Law and the inherent powers in the executive branch.

Powerlineblog has an excellent analysis from John Hinderaker, “On the Legality of the NSA Electronic Intercept Program”, and Scott Johnson, “More on the legality of the NSA program” at http://powerlineblog.com/

By: TruePress

TruePress — Thu, 22 Dec 2005 15:51:43 +0000

NSA Wiretapping Terrorists

The Volokh Consipracy’s Orin Kerr posts on the legality of the NSA wiretapping of terrorists in the US here. Kerr is a law professor at GWO and his bio is here. Volokh has been a good source for non-partisan analysis of legal issues of the day…

By: The Real Ugly American

The Real Ugly American — Thu, 22 Dec 2005 02:04:44 +0000

The Left is loosing it again with the NSA story

I found some more over at Atrios

Nazi Bush: I am the power! I will protect! I will decide! I will allow! Thou shalt have no gods before me! Thou shalt not have the Constitution as a graven image!

By: Creeker

Creeker — Wed, 21 Dec 2005 02:44:37 +0000

The question I keep coming back to is why Bush saw the need for this approach. The arguments offered by Gonzales et al seem to focus on the need to respond quickly and agily. FISA explicitly allows wiretapping with no delay, so the rationale rings hollow. And the statistics show that the “secret court” that reviews FISA applications virtually never declines, and when it does it’s overturned on appeal.

So … a process was and is in place that meets what Bush says is needed. That leaves me wondering; what unstated need drove the administration to this controversial position?

By: Objective Justice

Objective Justice — Wed, 21 Dec 2005 02:43:46 +0000

More NSA Stories – A possible Reason to Disregard Courts

NSA Surveillance: Blog Post Roundup -Concurring Opinions, Good background information and links to the appropriate statutes and cases.

By: Concurring Opinions

Concurring Opinions — Tue, 20 Dec 2005 21:54:13 +0000

NSA Surveillance: Blog Post Roundup II

In addition to the blog post roundup I did yesterday, here are more blog posts about Bush’s NSA surveillance worth reading: David Cole, Bush’s Illegal Spying (Salon, Dec. 20, 2005) “Attorney General Gonzales contends that the authorization by Congress …

By: Crescat Sententia

Crescat Sententia — Tue, 20 Dec 2005 16:35:07 +0000

Wiretaps, Continued

Dan Solove rounds up coverage of the President’s wiretap program. Other than those I linked to yesterday, the most interesting new contribution is Cass Sunstein’s argument that the AUMF does indeed override FISA’s requirements….