January 25, 2006

Gonzales on Why It's Legal

from - smijer

I heard Alberto Gonzales on All Things Considered on my way home last night. Ever wonder why people think lawyers are sleazy? Spend a little time with Gonzales, & you'll see.

The argument was that :
a.) Congress had authorized force
b.) Force includes spying on the enemy
c.) The NSA selected only enemy targets to be spied upon
therefore
d.) It was legal.

When asked why the the FISA court was sidestepped, Gonzales became indignant. It isn't fair to say we sidestepped FISA... Our actions were consistent with FISA... (hmmmm? then why all the fuss?)

Of course item c.) above was precisely the purpose of the FISA court... to be sure the targets selected really were the enemy. But that little matter wasn't brought up.

And, of course, the conclusion d.) doesn't necessarily follow... Authorization to spy on the enemy, implicit as it may be in the authorization to use force, doesn't guarantee authorization to do so in a manner inconsistent with duly enacted legislation. The great Attorney Gonzales brilliantly proved that spying was legal.. I suppose from that we can deduce that no spying can ever be illegal, regardless of the manner in which it is done, or the laws that are meant to regulate it.

And you all already know all this... so just consider it a rant.

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Posted by smijer at January 25, 2006 07:54 AM
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