Listening to the Enemy - The legal ground on which the president stands

National Review ^ | February 10, 2006 | Byron York

[Tom D.]

York smites the shrill lefties screaming about GWB's terrorist intercepts. It looks like Bush's position has been blessed by the highest court to look at the issue and that while the Supremes had a chance to review that decision chose to let it stand.

[Darkwolf377]

And then the Court of Review did one more thing, something that has repercussions in today’s surveillance controversy. Not only could the FISA Court not tell the president how do to his work, the Court of Review said, but the president also had the “inherent authority” under the Constitution to conduct needed surveillance without obtaining any warrant — from the FISA Court or anyone else.

I predict a long, obscenity-filled thread over at DU in response to this. Of course, I could say that about any article.

[Marxbites]

Ted Olson for the next Supreme Court nominee!!!!!

I saw him & Bork together where Bork talked on his book.

Both of them are real Americans - even one of the libs on the panel agreed Roe was bad law and should have been left to the states.

Their whole schtick is about serving the poor is just a ruse to increase their power to tax and control. Just like minimum wage prices those with the least skills out of job first.

This is how judicial fiat has allowed Congress to spend us into the ground with powers the Fedl Govt never had to begin with.

[saveliberty]

Byron York article on NSA spying ping. It's a good read.

[saveliberty]

Ted would be great but he's older than the traditional nominee. The other point is that who would want to go through the process anymore?

[learner]

This is an incredible article. If it is correct, then the limb that many have crawled out on is being sawed-off.

[Tom D.]

Here is the link to the opinion on which York bases this article:

(click here for link)

I have only skimmed it, but it looks like York hits the nail on the head.

[FOXFANVOX]

A very good read indeed! Thanx, Save.

[saveliberty]

Byron York is always a great read :-)

[saveliberty]

:-) You're welcome, FOXFANVOX!

[Bahbah]

So the double super secret part of the super secret FISA court has already spoken. Could someone send this to Arlen Specter. I think he's been preempted.

[Bahbah]

The other point is that who would want to go through the process anymore?

I fervently wish that Ted Olson was 10 or even 20 years younger. However, can you imagine the spectacle of Ted and Joe and the gang grilling the man whose wife was killed on 9/11? We would decend on them with pitchforks.

[Tom D.]

Write this down: Assuming that GWB gets another shot at a Supreme Ct. nomination, it will be Janice Rodgers Brown.

[Bahbah]

Assuming that GWB gets another shot at a Supreme Ct. nomination, it will be Janice Rodgers Brown.

She would be a fine choice.

[wildbill]

Why didn't Gonzales bring this ruling by the Court of Review up at the hearings.

This is incredibly important as a legal authoriztion/ justification for the terrorist surveillance program.

[saveliberty]

I love Ted Olson but I can't imagine that he would want to go through that.

We would chase the pantaloonless one and his brainless cohorts with pitchforks, but I just can't see how anyone would want to be put through that process. Maybe a younger person can deal with it easier, but I am thinking that JRB has been asked and has said no already. And Miguel Estrada won't come back and who could blame him?

[Lancey Howard]

Wow! BUMP!

[Bahbah]

I am thinking that JRB has been asked and has said no already. And Miguel Estrada won't come back and who could blame him?

Agree on both counts.

[Lancey Howard]

Olson and the judges went back and forth over the history of the wall. Nobody really knew how it first came into being; the judges later said its origin was “shrouded in historical mist.”

This is the only part where Byron sounds uninformed. "The Wall" was erected by Gorelick (at the direction of the Clintons) to protect Bill Clinton from investigations into his foreign campaign money schemes. I thought this was common knowledge.

[txrangerette]

ping!