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Thursday, July 10, 2008 12:00 AM

Interview with ACLU re: constitutional challenge to new FISA law

Jameel Jaffer, the Director of the ACLU National Security Project, explains why the new FISA law violates the 4th Amendment and is even broader than the President's illegal NSA program

The letters thread is now closed.

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Thursday, July 10, 2008 07:44 PM

Derbig Mooser

Frankly most of Glenn's discussion was mostly on the telecom immunity. Well you must have laws to govern. Even Roe v. Wade governs and restricts abortion. Yes I guess they could have just kept the old 1978 FISA bill, but then that did not work under Bush did it?

I did not see much point in going after Telcom in civil litigation. That frankly does nothing to protect your privacy rights going forward. I do however believe that our privacy rights are just as protected under the new FISA as the old.

The new FISA bill gives is greater oversight by congress, and the exclusivity clause prevents a presidents like Bush from authorizing surveillance without congressional over sight. I frankly do not agree with some of Glenn's analysis.

The find the discussion of blaming Obama for not stopping FISA and then some bloggers saying they will not vote to be very immature. I suspect they were never were strong Obama supporters anyway.

Thursday, July 10, 2008 07:45 PM

@che' pasa

The Government, as a collective, has decided that anyone who presses 'constitutional' arguments is a radical extremist who need not be listened to. Anyone who promotes the idea that the Rule of Law should apply equally to the highest and the lowest is a radical extremist who need not be listened to. Anyone who insists on withdrawal from Iraq and the end of America's New Imperium is a radical extremist who need not be listened to. Anyone who insists on impeachment for high crimes and misdemeanors is a radical extremist who need not be listened to. Anyone who even mentions "war crimes" in connection with any representative of The Government is a radical extremist who need not be listened to.

Now, that's "off the cuff writing! Splendid! But don't worry, che, don't worry! I know it's a cliche', but it'll all change as soon as a Democrat is elected. And if it happens to be a non-white Democrat...

Thursday, July 10, 2008 07:49 PM

@ bernbart

Even Roe v. Wade governs and restricts abortion.

So I was going to ask; to which federal agency do you apply to get permission for an abortion? Or would you prefer the government should have access to your records and make a decision on whether they "reasonably believed" you were entitled to one?

Thursday, July 10, 2008 07:49 PM

Derbig Mooser & bystnder

You have both VERY immature.

Thursday, July 10, 2008 07:50 PM

Elect better, Constitution protecting congressmen

...since we obviously cannot trust a President.

Thursday, July 10, 2008 07:51 PM

@bernbart

Glenn is going to hate me for this, but I can't stand it any more. If credentialism is your thing (and Glenn despises it, which is why he won't like my going off on this tangent), here is what is true: Glenn Greenwald, at the time he graduated from the NYU Law School, either met or broke all records for AmJur awards. (If you do not know what those are, ask your so-smart lawyer spouse.) Upon graduation in the early 90s when many law grads were not able to find jobs, Greenwald was courted by some dozen of the best firms in the nation, and ended up choosing arguably the most elite of all: Wachtell, Lipton. (After a time, he voluntarily left to be his own boss at his own firm.)

I hold a law degree as well (from top tier school) -- don't have to ask my husband to parse legal issues for me. Today I finally read parts of the FISA bill that just passed. Glenn, his ACLU interview subject, Marty Lederman et al. are right, and whatever your hubby is telling you is wrong. Whether the truth reflects badly on Obama or not, for whom I still intend to vote.

Thursday, July 10, 2008 07:53 PM

When logic fails

all one has left is ridicule and scorn. But, my heart's just not in it. Derbig, the charitable position argues that it must be spoof. The alternative is too sad to contemplate. As spoof, ya gotta admit, it's pretty freakin' funny. If it were for real... well, I'm going to default to It's not nice to kick puppies.

G'night, all.

Thursday, July 10, 2008 07:55 PM

Ah, DMooser

But you see, it's bombast, all, and frought with fury.

At least we have hope!

And The Real Tuesday Weld

http://www.youtube.com/watch?v=8DsfzvMpG40

Thursday, July 10, 2008 07:55 PM

@ bernbart

Yes I guess they could have just kept the old 1978 FISA bill, but then that did not work under Bush did it?

You are either married to Bart, or you should be! You two are soul-mates!

That's right, it was the insufferable delays and obstructions of FISA which kept us from preventing the hijackings. Did it also prevent the NORAD jets from working that day, and interfere with the building standards in NY? And force Bush to ease visas for Saudis? And keep the fireman's radios from working?

Damn you FISA, you terrorist, you. And the way you kept police departments, the FBI and others from sharing information, and forced Bush to not react at all ("you've covered your ass") to the hair-on-fire warnings (except to, oh, never mind)

If you are ever single again, bernbart, I'll hook you up with Bart. Now there's a marriage made in heaven!

Thursday, July 10, 2008 07:58 PM

@bystander

Thank you, bystander, that's one I owe you! "It's not nice to kick puppies". You are right, I don't want to go to bed hating myself, like I did after arguing with Mona. I also got very dizzy going around in circles, and I'm neaseous enough as it is.

Thanks.

Thursday, July 10, 2008 08:01 PM

Derbig Mooser

And were did you get your law degree?

Thursday, July 10, 2008 08:01 PM

Derbig Mooser

Where did you get your law degree?

Thursday, July 10, 2008 08:02 PM

"You have both VERY immature."

At my age, honey, all I can say is: Thanks for the compliment. I wish my hair and teeth were still immature! (I have kept the svelte and girlish figure which made me the toast of Castro Street 1979-85, but as I used to tell all the boys: "I'm saving myself for the man I marry!")

Thursday, July 10, 2008 08:05 PM

Where did you get Your law degree?

Angola State Penitentary, and you oughta hear me do "Black Snake Moan"

Where did you get yours?

Thursday, July 10, 2008 08:05 PM

bernbart:

Add one more person to the list of attorneys who agrees with Glenn's (and others') interpretations of FISA, in its past and present iterations.

Stop digging.

Thursday, July 10, 2008 08:05 PM

@Mona

OK, since you're a Top Tier Lawyer who has finally read some FISA, maybe you can help with this question, which I just sent Mr. Lederman via email:

_______________________

In http://balkin.blogspot.com/2008/07/al-qaeda-on-speed-dial.html

You wrote -

Moreover, even where the information is not foreign intelligence information, the law permits "the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes."

__

Where in HR 6304 does it say that, as you explicity quoted? I cannot find that statement, or any part of it.

_____________________

Us Great Unwashed Non Lawyers wanna know.

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