December 29, 2005

Wiretap Summary at ObWi

Charles posts a Delayed Reaction to NSA Wiretapping. A summary of the main points:

Did it violate the Fourth Amendment?
Probably not, since the surveillances involved international calls and e-mails, and there is a plausible argument that border search exceptions exist.

Did it violate FISA?
Probably so.

Was it allowed under the Authorization to Use Military Force?
Probably not, according to Kerr, but I'm leaning toward "probably so".

Does Article II of the Constitution give the president the authority?
Kerr is not convinced since most of the administration's arguments tended toward a relaxed Fourth Amendment, and not directly addressing whether Article II made certain Congressional requirements inoperative.

Was it an impeachable offense?
Opinions will vary.

Posted by binky at December 29, 2005 05:56 PM | TrackBack | Posted to J. Edgar Hoover | The Ever Shrinking Constitution


Comments

Let the Leftcoaster 'splain. No, there is too much. Let the Leftcoaster sum up.

Posted by: binky at January 5, 2006 08:42 PM | PERMALINK
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