05 Feb The NSA Spying Dispute: The Law Profs Take on DOJ White Paper
05.02.06
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As AG Alberto Gonzales prepares to testify before Congress on the controversial NSA spying letter, the law professor critics of the NSA spying dispute have filed this blistering response to the DOJ’s 43-page defense of the warrantless wiretapping. I’m a bit surprised at the letter’s sharp tone, but it is a pretty effective letter nonetheless.
For a different take, see this letter by Kansas Senator Pat Roberts and this op-ed by William and Mary law professor Alan Meese. Both rely more on the idea that the Commander in Chief power is exclusive in the area of foreign intelligence. I think this is a decent argument, but I think it is also a hard one to prevail on. I wonder which AG Gonzales will rely upon today.
As usual, I disagree with you, Prof. Ku. But this time in an unusual manner. I’m almost positive that the argument set forth by Meese et al will prevail. I think it’s legally unfounded and morally indecent, but I also believe that it is very convenient in the present political climate with elections around the corner. Democrats will make a big fuss while Republicans can argue that there’s a group of established jurists supporting it (including you), hence it deserves a chance (i.e., voting no to any initiative that would question the President’s war-time policies). The public and the law lose, politicians (on both sides) and partisan analysts win. Anticipated congratulations.