Replies

Some similarities with regards to perceived Presidential War Powers but is not a direct correlation to electronic Surveillance of known Al-qaeda or al-qaeda links. The AG uses this type of case law to expand the scope as far as he can get by with, which is his job, but the WPA, Congressional Authorization and the Presidents Constitutional Obligations will be the deciding factors.

"Some similarities with regards to perceived Presidential War Powers but is not a direct correlation to electronic Surveillance of known Al-qaeda or al-qaeda links."

If a case existed that that addressed this explicitly, then the DOJs defense could have been a lot shorter :)

The fact is that there are dozens of cases, and the Constitution itself that are applicable to parts, hence the need for the DOJ to reference dozens of cases. As a general rule, the more cases you need to cite to try and make you case, the less decided the issues is, that or your on shaky ground.

OK, one last thing and I'm checking out for the night.

Drum roll please FISA 02!!

I know you have been begging for it. I often see posted this...

"we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."

Which is an example of bad quoting because it fails to follow through with the next two sentences.

"The question before us is the reverse, does FISA amplify the President’s power by providing a mechanism that at least approaches a classic warrant and which therefore supports the government’s contention that FISA searches are constitutionally reasonable."

Meaning, that it is possible that the governments searches CAN be unconstitutional. If they are unconstitutional then they are illegal regardless of what any other law says.

FISA acts as a protection to the President from exactly what we are seeing now. By ditching FISA Bush has removed the best defense he had regarding the legality of the tapping.

So we are right back to where we started, the question is does the President have the power to violate the rights granted by the fourth amendment?