Sunday, February 05, 2006

Ace the Nation

On Schieffer's show, GOP Senator Jeff Sessions of Alabama says the domestic spying is legal under the AUMF. This is the Jeff Sessions of the Judiciary Committee.

Yeah, these NSA hearings are going to get to the bottom of things.


Administration Rah Rah David Brooks of the NYT says let's just pass a law that makes unwarranted spying on Americans legal. Which I fear is exactly what will happen. Never mind that any such law will still violate the Fourth Amendment and other parts of the Constitution.

Woe is us.


  1. A letter writer to the hopelessly compromised NYT makes the point that of course Bush'd warrantless spying was performed on American citizens.

    ..."If 1 percent of just one billion messages are in another language, that is still 10 million messages. Even 1 percent of 1 percent presents a formidable, perhaps insurmountable, translation task. And the shortage of government translators, particularly for Arabic, has been widely reported.

    The only conclusion one can draw is that the National Security Agency surveillance program is designed to spy primarily on English speakers..."

  2. I think such a law would violate the 4th amendment as well, but if an actual such law were passed, I think the courts would be inclined to uphold it in deference to Congress and the Executive acting in concert with respect to their war powers. Remember, the 4th amendment doesn't requires a warrant in all cases. I have a feeling the courts will say this is one of those cases, IF congress were to pass a law specifically authorizing it. Up until now, they haven't done so.

  3. Scott,

    That's pretty much what I'm thinking too. Thanks again for stopping by and posting.