A Must Read! ON NSA SPYING: A LETTER TO CONGRESS
Up until now I have relied on the blogosphere for tough
commentary on Bush’s illegal spying program. I have been thoroughly dissatisfied with our elected leaders’ ability to
respond to the Department of Justice’s defense of domestic surveillance. Finally, in ON NSA SPYING: A LETTER TO
CONGRESS published in the current issue of The
New York Review of Books, we get a cohesive response to the Bush
administration’s NSA domestic spying program; and specifically, to the
Department of Justice’s December letter to House and Senate leaders.
ON NSA SPYING: A LETTER TO CONGRESS is written by scholars
of constitutional law from our countries most prestigious law schools and by former
government officials (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, and William Van Alstyne.) I
found the letter clear, concise, and long overdue. It is both legal and straightforward – the
kind of argument you hear from any excellent lawyer in any court of law. Its rhetoric is what I hope to see from our
Congressional leaders. Unfortunately,
they instead appear bashful in their opposition to the Bush administration’s
illegal and unconstitutional domestic surveillance program.
Our elected leaders seem to have lost what should be at the
core of their expertise – rhetorical skill and facility with the law. In other words, know the law and know how to
argue it. If the Alito hearings
demonstrate anything, it is that our senators do not have the ability to define
an argument, question a witness, or summarize a position. The issue with Alito was clear – his extreme
point-of-view on executive authority. Instead of making a strong case against Alito, the Democrats functioned
on sound bites and long orations that ought to be exclusive to the campaign
trail, not the Senate chambers.
I hope all concerned citizens will read this letter. As the authors state: “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.”
Encourage your senators to read this letter to build the case against illegal surveillance in the upcoming hearings on domestic spying.
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