A letter sent to Senate Judicial Committee on NSA
H. Byron Cunningham's letter to the Senate Judicial Committee.
It only took me reading the first 2 1/4 pages (the exec summary) to know this post wont get too many responses or honest discussion before it gets buried under 2 dozen meaningless threads. Too many brutally straightforward facts contrary to closely held opinion.
That's a flawed letter.
First, the argument against Bush wiretapping has to do with the establishment of the FISA court that was specifically designed to address the various Constitutional issues that existed beforehand. Thus, whatever happened by 1978 when the FISA court was established is not relevant.
Second, the Bush administration has yet to explain why they didn't bring their wiretapping program to the FISA court, which could have given them some sort of legitimacy. This court has a leak-free record and has authorized nearly every requested wiretap (upwards of 14,000 if I recall correctly).
Third, from what I've read, a large number of legal analysts believe the President had the right to wiretap immediately after 9/11, but not before and not after the Patriot Act was passed. What's the point of Congress negotiating with the President and passing legislation, if the President can do what he wants anyhow?
Fourth, it is a matter of concern that the President attempted to deceive the Congress with regard to this matter. His administration avoided providing requested documents and avoided keeping anyone outside of the executive branch informed of this convenient interpretation of the law.
Lastly, there is a legitimate issue here. There are those who believe the leader should be allowed to make law, but for the most part they live in places like Burma, North Korea, Zimbabwe, and Saudi Arabia, though they can also be found among the sycophants of the President.
P.S. I only read the Executive Summary of the letter.
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