Monday, December 19, 2005


My Respect For Professor Bainbridge...

... grows everyday.

He weighs in
on the NSA story.

UPDATE: George Will on ABC's This Week, 12/18/05 (alas, no link):

[The president]'s on legal ground that strikes me as overreaching...[I]t looks as though he clearly broke [the 1978 FISA law]. What the president would say is there are implied powers, that is, he's rooting this in the constitution. There are implied powers of the commander in chief that enable this to be done and he says it's a vital tool that we do this because I assume of the internet and cell phones and all the rest that make communication rapid and hard to trace. Let's stipulate the technological grounds may be there. This president however has asserted a capacious doctrine of executive power and the war powers, I mean, literally unlimited, and it's hard for me to believe that that's true. This what is called in tennis an unforced error. That is, if it is necessary to do this, Congress would have given it to him, given the power in ten minutes.

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