One Judge and the National Security
by Hugh Hewitt
Second here:
Third here:
*************** From the Blog *************************
I interviewed Professor Jonathan Adler of Case Western Reserve University School of Law, Professor Erwin Chemerinsky of Duke Law School and Professor John Eastman of Chapman University Law School about the conduct of the two chief judges of the FISA court. All three are troubled by the allegations made in the Washington Post article.
Transcripts of these interviews will be posted at Radioblogger.com later in the day.
In other words, "it's not her fault she was sworn to secrecy" and it's unfair to criticize her for keeping the secret.
The second piece raises a thought provoking question that amount to whether or not the NSA activity needs to be bootstrapped into legitimacy by a FISA warrant. It bumps into a question I've been wondering since December, "how is the information used?"
The third piece links to a transcript, which is where all the substantive discussion takes place.
EC: I think what it points to is we need the legislature to be doing this, not judges on their own doing this.An interesting proposition too - but the administration seems reluctant to enage Congress as well, out of various concerns such as disclosure of procedures and methods, etc.
I see in short, that the administration seeks to justify self-management of the scope of surveillance.
Good links, thanks.
Place marking and thank you for the posting and the pingaling.