Archive

Posts Tagged ‘spy’
December 16th, 2013 at 7:03 pm
Judge Casts Legal Doubt on NSA Spying

A federal judge granted a preliminary injunction against the National Security Agency (NSA) today, reports Politico.

The 68-page ruling sets up the possibility that some or all of the NSA’s warrantless surveillance practices could be banned as violations of the Fourth Amendment’s protections against unlawful searches and seizures.

Due to U.S. District Judge Richard Leon’s tone, it sounds like he’s leaning toward striking the program down.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” Leon wrote.

Since Leon seems likely to convert his preliminary order into a permanent injunction, expect to see this case – and perhaps others – arrive on the Supreme Court’s docket soon. Along the way there will be no shortage of arguments about arcane legal precedents and policy disputes over national security.

All of these are important considerations, but – in my view – the most appropriate place for their deliberation is Congress, not the courts. Maybe what NSA is doing can be justified under the Constitution as a legitimate national security measure. Maybe not. Either way, ultimately it should be decided by the branch most responsive – and responsible – to the People.

April 5th, 2011 at 12:38 pm
National Security Appointments Show Obama Taking Another Page from Bush Playbook

Britain’s Telegraph says General David Petraeus may be nominated to replace CIA Director Leon Panetta, after the latter is tapped to become Secretary of Defense when Robert Gates retires.

If that happens, President Barack Obama will have kept not only former President George W. Bush’s people, but also his rationale for staffing key national security posts.  Gates’ last government job before Defense Secretary was as CIA Director.  Air Force General Michael Hayden led the CIA under Bush before Panetta took over.

Despite his campaign rhetoric, President Obama has continued the war in Afghanistan, and reversed himself on civilian trials for Guantanamo Bay detainees.  Now, it looks like the current president is adopting the staffing rationale of his predecessor too.

Somewhere in Texas, I’m sure former President Bush is flattered.