Domestic wiretapping decision a win for all

Posted By Uncle Jimbo

I have some problems with all the wailing and gnashing of teeth about putting the domestic wiretap program under the supervision of FISA. As a matter of fact watching Sen. Leahy spitting and sputtering at AG Gonzalez  today it looks to me like a good piece of political judo.

So what we had was the White House conducting wartime surveillance of our enemies under it's Article 2 constitutional authority everywhere on the planet. Some of that everywhere is right here in the land of the free and when the NY Times leaked the existence of the program the left lost it's ever-lovin mind. Warrantless wiretapping was the charge and it added to the laundry list of offenses by the Bush crime family. Funny thing though, every bit of actual juris prudence about the right of the C in C to spy on just about anybody during wartime says Hellz yeah. The idea that a President could spy on our enemies everywhere but here is silly, and yet.

So we are doing the right thing under proper authority, but it creates the appearance of ignoring a law (FISA) that says you have to ask them to spy on people in the US. So W has the Justice Dept. consider going through FISA even though they are not required to, and Gonzalez tells him that they might miss some chances because each request was treated as new, there was no mechanism to treat them as ongoing parts of the same conspiracy. So W says, then we'll just use my C in C authority and we'll start negotiating with FISA to make sure that we don't miss any chances. They announced yesterday that they made a deal that ensures we listen to everything we should, and so W said OK FISA can approve and oversee as long as it all works.

They did not cede his Article 2 authority they simply said that as long as FISA plays straight we will let them be the oversight. How in the heck is that a loss? It shows an actual logical solution to a clash between branches of government and no loss of executive power was involved. If FISA starts gumming up the works, W can note this and play his Article 2 card. Relax peoples, this was a win.

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Comments

Domestic wiretapping decision a win for all

I have some problems with all the wailing and gnashing of teeth about putting the domestic wiretap program under the supervision of FISA. As a matter of fact watching Sen. Leahy spitting and sputtering at AG Gonzalez  today it looks to me like a good piece of political judo.

So what we had was the White House conducting wartime surveillance of our enemies under it's Article 2 constitutional authority everywhere on the planet. Some of that everywhere is right here in the land of the free and when the NY Times leaked the existence of the program the left lost it's ever-lovin mind. Warrantless wiretapping was the charge and it added to the laundry list of offenses by the Bush crime family. Funny thing though, every bit of actual juris prudence about the right of the C in C to spy on just about anybody during wartime says Hellz yeah. The idea that a President could spy on our enemies everywhere but here is silly, and yet.

So we are doing the right thing under proper authority, but it creates the appearance of ignoring a law (FISA) that says you have to ask them to spy on people in the US. So W has the Justice Dept. consider going through FISA even though they are not required to, and Gonzalez tells him that they might miss some chances because each request was treated as new, there was no mechanism to treat them as ongoing parts of the same conspiracy. So W says, then we'll just use my C in C authority and we'll start negotiating with FISA to make sure that we don't miss any chances. They announced yesterday that they made a deal that ensures we listen to everything we should, and so W said OK FISA can approve and oversee as long as it all works.

They did not cede his Article 2 authority they simply said that as long as FISA plays straight we will let them be the oversight. How in the heck is that a loss? It shows an actual logical solution to a clash between branches of government and no loss of executive power was involved. If FISA starts gumming up the works, W can note this and play his Article 2 card. Relax peoples, this was a win.

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» Once again, the Bush administration has made.... from Media Lies
....a serious mistake, caving in to political pressure and placing the NSA surveillance program under FISA court supervision. There never was any doubt... [Read More]