Friday, January 27, 2006

You Think That We Connect, That The Chemistry's Correct*1

In Honor of President Bush stating that he has "NO DOUBT" that the wiretapping program is legal, I offer you an applicable song lyric2:
This shit is bananas
B A N A N A S!
Yeah, this shit is bananas
B A N A N A S!
Now, I don't know enough about the wiretapping facts to decide whether Bush's wiretapping is legal or illegal (by which I mean constitutional or impermissible under the Constitution), but I find it hard to swallow that President Bush, eminent legal scholar that he is, can have "no doubt," when some brilliant legal minds "haven't the foggiest whether its legal" (as another blogger reported his Stanford Law Prof. to have uttered).

If there has one thing I've learned during my fledgling legal education, it's that there is almost nothing in which you can have "no doubt," especially when it comes to the Constitution.3 I also don't know too much about politics, but it seems to me that if he was so doubt free, he wouldn't keep sending out Attorney General Gonzales and Karl Rove to keep arguing that its legal.... Hmmm.

* Or, "Sorry I'm Not Home Right Now, I'm Walking In The Spiderwebs"
1Or, "It's All His Fault, He Screens Our Phone Calls"
2I know this is from a Gwen Stefani song, and not from No Doubt... but honestly, Gwen IS "No Doubt"
3 Except for how old you have to be to be President, a Senator, or a Representative, and what is the meaning of "twenty dollars" in the Seventh Amendment, although my Con Law professor even liked to argue about these. He was weird.


At 12:13 PM, Anonymous Nick said...

Orin Kerr did a good cursory analysis of this issue a few weeks ago over at Volokh. He concluded that while the practice isn't unconstitutional for 4th amendment purposes (he notes two specific lines of doctrine that seem to suggest it would be constitutional), it probably is illegal under FISA. Therefore, to argue that the program is legal, Bush would have to be arguing either 1) that the AUMF provided subsequent statutory authorization for such a practice or 2) that it's within his inherent Article II powers as Commander in Chief. Kerr found both of those propositions unpersuasive.


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