Monday, December 26, 2005

Country divided on warrantless wiretaps but a solution?

Florida Today readers are an example of the division.

The CBS legal analysis goto guy says the president has only one option to avoid congressional hearings - take it to court.
There is only one noble path now for the president to take. He should immediately order the executive branch itself to go into federal court seeking a declaratory ruling on the constitutionality of his domestic surveillance program. If the White House is as confident about the legitimacy of the program as it claims there should be no fear that the federal courts, including the United States Supreme Court, ultimately will find that a president's war powers under the Constitution include the power to spy on his own citizens without a warrant despite the Fourth Amendment's prohibition against the practice. A ruling in favor of the White House would immediately stymie any legislative effort to limit the president's power.
This may be the correct answer, although even he noted that a federal judge who is a supporter of the President in very strong language rebuked the administration for jerking the court system around on the Padilla case. It is also noteable that the President was making speeches to "affirmatively lie" about his actions.

Limited posts until next year.

1 comment:

Eric2 said...

And he did lie, as in 4/20/2004 he pledged that in respects to wiretaps he was required to get a court approval.