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| NRO Bryon York: It (NSA) Is Legal |
| 2006-03-15 |
| In early September 2002, just before the first anniversary of the September 11 terrorist attacks, a group of lawyers gathered in a heavily protected, windowless room in the Department of Justice building in Washington. There were three federal appeals-court judges, Laurence Silberman, Edward Leavy, and Ralph Guy. There was Theodore Olson, the U.S. solicitor general. There was Larry Thompson, the deputy attorney general. And there was John Yoo, the Justice official who had closely studied questions of war powers and presidential authority. Rounding out the group were a few other department staffers, one official from the FBI, and David Addington, Vice President Cheney's top lawyer. The purpose of the meeting was to argue a case whose details remain so classified that they are known by only a few people, but whose outcome, a decision known as In re: Sealed Case, has become one of the key documents in the hottest argument in Washington today: the fight over what President Bush calls the "terrorist surveillance" of persons with known al-Qaeda connections, and what the president's opponents call "domestic spying." The three judges made up what is known as the FISA Court of Review. It was created in 1978 by the now-famous Foreign Intelligence Surveillance Act. The act required that the president go to the so-called FISA Court to seek a warrant for surveillance in top-secret foreign-intelligence cases. For any disputed decisions that might arise, Congress also created the Court of Review, a sort of super-secret appeals court. More at NRO link... |
| Posted by:Captain America |
| #4 Bryon is a steady supply to the boys at Powerline. But the article is insightful because it delves into the legal rationale the Administration went through before this 12/16/2005 NY Slimes boondoggle began. Moreover, the FISA Court of Review decision in 2002 gives the mindset behind the FISA judges and the abrupt resignation of one judge. AG Gonzalez has not, to my knowledge, mentioned the 2002 FISA Court of Review decision during his recent Senate Judicial Committee testimony. |
| Posted by: Captain America 2006-03-15 16:59 |
| #3 Indeed, GH. I've followed this on PL and elsewhere. I do wish, however, the FISA farce would be challenged. It's the cover and crutch of the Moonbats. |
| Posted by: Glert Thetch2165 2006-03-15 15:33 |
| #2 Real lawyers looking at it a good while ago. Here's Powerline's take on it. |
| Posted by: Gloluns Hupeagum6020 2006-03-15 15:28 |
| #1 Lost in the shuffle is the glaring fact that the Foreign Intelligence Surveillance Act is a power grab by Congress. It should be challenged in SCOTUS. Stricken down as infringing upon Presidential Powers, the issue goes *poof* and the entire effort by Donks to impeach Bush goes *poof*. Then we can get back on-track and finish the really important issues, such as the "outing" of Valerie Plame and her CIA parking sticker, lol. After that, Janet Jackson's wardrobe malfunction should be revisited. I blame Bush. |
| Posted by: Glert Thetch2165 2006-03-15 11:11 |