Carol Platt Liebau: A Needed Reminder

Wednesday, March 15, 2006

A Needed Reminder

Russ Feingold needs to read this piece, reprinted from the 2/27 National Review.

Here's the nub of it:

Read today, In re: Sealed Case does more than simply outline the president's authority. It also puts the administration's warrantless-surveillance decision in some context. What was going on at the time the president made the decision to go ahead with the surveillance? Well, first Congress passed the Patriot Act, giving the administration new powers. Then the FISA Court refused to recognize those powers and attempted to impose outdated restrictions on the administration. Then the White House, faced with the FISA Court's opposition — and with what administration officials believed were some inherent weaknesses in the FISA law — began to bypass the FISA Court in some cases. And then, in In re: Sealed Case, the administration received irrefutable legal support for its actions [from the FISA Court of Review].

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