ON NSA SPYING: A LETTER TO CONGRESS (From The Pros)

[kpete]

Letter
ON NSA SPYING: A LETTER TO CONGRESS

By Beth Nolan, Curtis Bradley, David Cole, Geoffrey Stone, Harold Hongju Koh, Kathleen M. Sullivan, Laurence H. Tribe, Martin Lederman, Philip B. Heymann, Richard Epstein, Ronald Dworkin, Walter Dellinger, William S. Sessions, William Van Alstyne

Dear Members of Congress:

We are scholars of constitutional law and former government officials. We write in our individual capacities as citizens concerned by the Bush administration's National Security Agency domestic spying program, as reported in The New York Times, and in particular to respond to the Justice Department's December 22, 2005, letter to the majority and minority leaders of the House and Senate Intelligence Committees setting forth the administration's defense of the program.<1> Although the program's secrecy prevents us from being privy to all of its details, the Justice Department's defense of what it concedes was secret and warrantless electronic surveillance of persons within the United States fails to identify any plausible legal authority for such surveillance. Accordingly the program appears on its face to violate existing law.




Tons more at:
http://www.nybooks.com/articles/18650

[Im with Rosey]

1. This is a great read

The more letters like this one, the chances increase we get something done.

[tanyev]

2. William Sessions?

:wow:

[cry baby]

3. Why do these people hate Amurka? nt

[kpete]

4. from firedoglake

The latest NY Review of Books has this open letter signed by the following Constitutional scholars: Beth Nolan, Curtis Bradley, David Cole, Geoffrey Stone, Harold Hongju Koh, Kathleen M. Sullivan, Laurence H. Tribe, Martin Lederman, Philip B. Heymann, Richard Epstein, Ronald Dworkin, Walter Dellinger, William S. Sessions, William Van Alstyne

Their conclusion is below. Link http://www.nybooks.com/articles/18650

In conclusion, the DOJ letter fails to offer a plausible legal defense of the NSA domestic spying program. If the administration felt that FISA was insufficient, the proper course was to seek legislative amendment, as it did with other aspects of FISA in the Patriot Act, and as Congress expressly contemplated when it enacted the wartime wiretap provision in FISA. One of the crucial features of a constitutional democracy is that it is always open to the President—or anyone else—to seek to change the law. But it is also beyond dispute that, in such a democracy, the President cannot simply violate criminal laws behind closed doors because he deems them obsolete or impracticable.<13>

We hope you find these views helpful to your consideration of the legality of the NSA domestic spying program.


Not all the signers of the letter in the New York Review open letter are constitutional scholars (read 'academics'). One of them was former head of the FBI, William Sessions, a Reagan appointee. Point being, the number of Republican moderates who are appalled by Bush's imperial presidency may still be small, but it is growing.

William S. Sessions, former Director, FBI, former Chief United States District Judge

http://www.nybooks.com/articles/18650

Just as a side-note, the founder of the New York Review is Jason Epstein, Mr. Judith Miller.
http://www.haloscan.com/comments/firedoglake/113708229393218012/