Tuesday, December 20, 2005

Update on Wiretapping

Well, since the issue is being vetted completely in the press, lets look at the argument. It seems a main one isn't that its illegal as much as its a departure of the norms. But, as Instapundit's Glenn Reynolds posts, its not so much a departure from the rational. Under Clinton, in 1994, the deputy attorney general Gorelick (note the commissioner of the 9/11 Committee) states in his testamony to the House Select Committee on Intelligence that the president "Has inherent authority to conduct warrantless searches for foreign intelligence purposes." He goes on to say that the president needs only feel that the person is a threat to conduct a warrentless search. This might be wrong, but its the argument that has been used for over a decade. I do note that it does seem unsettling and that its fairly obvious that Bush has used it more after 9/11. I am just thinking that we are looking at the wrong thing of "OMG Bush is killing our civil liberties!" to whether this actually is legal or right.

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