Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

  •  

    Site Meter

What Else?

posted by Jason Mazzone

question.jpgCongress is gearing up to investigate the NSA domestic surveillance program. That’s better than Congress doing nothing—but it doesn’t give much reason to cheer. The NSA program is only one of a recent series of disturbing revelations about the Administration and the war on terror: detention of suspects with little or no process; secret prisons in Europe; people being hooded, stuffed in planes, and delivered to foreign governments; and, quite possibly, the use of torture.

If Congress is serious about checking Presidential powers, it needs to look far beyond what it already knows has taken place.

Rather than simply get to the bottom of domestic surveillance, Congress needs to get a better handle on what else the Administration is doing and plans to do in this war.

At this point, very little seems unimaginable. Are there, for instance, American citizens held secretly in this country or abroad? What kinds of interrogation techniques have American officials practiced and what are they trained to do? What plans are currently in place to get information from a captured suspect in the event of a ticking bomb? Are other agencies involved in spying without warrants? Have people been removed from the United States without a hearing? Under what circumstances are detainees denied counsel? Has the government asked anybody to give up U.S. citizenship in exchange for dismissing criminal charges?

Have family members of a suspect been taken into custody to exert pressure on the suspect? Has there been spying on leaders of political organizations or members of government? Who will be rounded up in the event of another attack? Is there a plan for martial law?

Congress has the resources to explore these kinds of issues. Congress might of course—and, to a large extent, it probably should—conduct its investigation without revealing what it finds to the general public.

But the bottom line is this: when all is said and done, history must show that whatever happened in the war on terror, Congress knew about it and gave approval.


 December 19, 2005 at 10:58 pm   Posted in: Politics   Print This Post Print This Post

Responses (1)

  1. Adam - December 20, 2005 at 1:14 pm

    Great post! Just a little nit:

    “Has the government asked anybody to give up U.S. citizenship in exchange for dismissing criminal charges?”

    Didn’t they do essentially this to Hamdi? Admittedly, there were no charges filed, but it seems that that’s splitting hairs.

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress