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« Quick Links | Main | Islam is Compatible with Democracy (Today's "Must-Read") » February 06, 2006
And A Few More Quick Links
Posted by Dorkafork *** In light of recent discussions here on Islam, you might find the posts here and here extremely interesting. They're long but well worth reading. *** Yet more leaked info on our nation's intelligence methods for the whole freaking world to see. My thinking has been going back and forth between "the progam is probably illegal" and "it may have been legal" for a while now. One of the reasons I haven't made any further posts on the subject is that I don't think it's clear one way or the other, and won't be for some time. (Other reasons are that even if it is illegal, I'd say it's only because of the how the statute is written and don't think it necessarily should be illegal. And I really, really, really don't like the very public discussion of our intelligence capabilities and methods.) The WaPo report has some info that supports possible legality of the program: FISA, passed in 1978, was ambiguous about some of the president's plans, according to current and retired government national security lawyers. But other features of the eavesdropping program fell outside its boundaries. As I've mentioned before but would like to make more clear: if the program was not in direct violation of FISA, if it falls outside the boundaries of FISA or is even in an ambiguous area under FISA, then the program is the sort of thing that would be, should be, and has been (under court precedent) held as part of the President's power under Article II of the Constitution (in my very amateur opinion). So there's that, then on the other hand there's the creator of "The Magic Bullet" theory calling the administration's legal reasoning "strained and unrealistic"* (As previously mentioned). So basically I'm thinking: Probably definitely maybe illegal. Or not. Hope that helps. *Joke. Oswald shot Kennedy. Posted by Dorkafork at February 6, 2006 01:47 AM | TrackBack (2) Trackback PingsTrackBack URL for this entry: CommentsWell, the program is kinda dead now, ain't it. Even the stupidest, most brain dead jihadi will take precautions now. Posted by: beautifulatrocities at February 6, 2006 05:10 AM I'm sticking firm with probably maybe legal. My bet is that whether it's illegal or legal the answer we eventually get it that it's legal but congress needs to reword the statute to make it clear when and how this is allowed. If they come out and call it illegal the NSA will have to scrap all of their intel collected under this program. I can't imagine anyone in congress wanting to chip at Bush that bad. Jeff's right. They had better push hard for a leak inquiry on this. Because this story is costing us intel now and will continue to forever. 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