Yoo, FISA, Illegal Spying, and Poof! no more laws

[L. Coyote]

Today's Must Read
David Kurtz - May 23, 2008 - http://tpmmuckraker.talkingpointsmemo.com/2008/05/todays_must_read_344.php

It all depends on what your definition of "exclusive" is.

At the heart of the debate over warrantless wiretapping is whether FISA, by its own terms, is the exclusive means for the government to undertake electronic surveillance in counterespionage and counterterrorism cases.

The plain language of the FISA statute seems clear, stating that FISA is the "exclusive means by which electronic surveillance . . . and the interception of domestic wire, oral and electronic communications may be conducted."

But nothing is ever that simple with the Bush Administration.

This week Sens. Sheldon Whitehouse (D-RI) and Dianne Feinstein (D-CA) released a declassified sentence from one of John Yoo's notorious memos, written while he was serving in the Justice Department's Office of Legal Counsel. In it, Yoo managed to rationalize away the exclusivity provision of FISA .....

"Unless Congress made a clear statement in the Foreign Intelligence Surveillance Act that it sought to restrict presidential authority to conduct warrantless searches in the national security area -- which it has not -- then the statute must be construed to avoid a reading."

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If you are on your way to rob a bank, be sure to write a memo to yourself first, stating that unless
the law says specifically that "banks" cannot be robbed, it is not robbery!! Oh, you might still get caught!!

[L. Coyote]

1. visibility kick

[Senator]

2. K&R&Impeachment Remains Our Only Option

[HCE SuiGeneris]

3. Kick

[Jack Rabbit]

4. Where's Mike Gravel when you need him?

I think Professor Yoo's memoranda, declassified or not, should be read into the Congressional Record and published by Bantam Books, at a popular price.

Then we'll send the wayward professor off to be tried in The Hague with his bosses.