March 29, 2006
Judges Back Bush on NSA Spying
An author of the FISA Act told a Senate panel President Bush has the authority to order the controversial NSA wiretapping. Judge Allan Kornblum said,
If a court refuses a FISA application and there is not sufficient time for the president to go to the court of review, the president can under executive order act unilaterally, which he is doing now.... I think that the president would be remiss exercising his constitutional authority by giving all of that power over to a statute.
Four other ex-FISA court judges agreed.
There is a sticking point: none of the judges knows the details of the program. Neither do many politicians, pundits, and webloggers. We're debating while blind.
Still, if Bush's opponents think the NSA terrorist spying is a winning issue they're wrong. Unless they can find proof Bush is using the program for something nefarious like spying on political opponents at worst reasonable people will think Bush committed a sin overreach not malice. Paul Craig Roberts' lunatic rants don't count.
"FISA Judges Say Bush Within Law"