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Tuesday, December 27, 2005

Ah, so that's why it matters

Last week I asked why (putting aside the substantial problem with the President breaking the law) the secret wiretapping matters if the FISA court is a rubber stamp.

It turns out that the FISA court wasn't just a rubber stamp. 

Carry on about your business.

UPDATE:  The link should work now.  Thanks to Pooh for the tip on the broken link.

Posted by Hillel Levin on December 27, 2005 at 04:14 PM in Hillel Levin | Permalink


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Er, busted link, though I think HL probably meant this

Posted by: Pooh | Dec 27, 2005 4:46:26 PM

Hillel -- This seems even worse than what was reported, no? I mean, it's one thing to say the FISA process isn't fast enough, and _that's_ why the Administration needed to bypass it. But it seems quite another thing altogether to say, as the UPI story suggests, that the Administration sometimes bypassed FISA only _after_ the FISC denied (or "modified") a warrant request. That, to me, is where this gets awfully scary (not to mention closer to illegality).

Posted by: Steve Vladeck | Dec 27, 2005 5:31:53 PM

I think it makes it worse normatively, but I don't think it changes the legal question at all.

Posted by: Hillel Levin | Dec 27, 2005 8:36:33 PM

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