Jan 20, 2006 1:24 PM

Fourth Amendment Follies

Is the President's NSA spying scandal just so much ado about nothing? Lets look at the Justice Department defense of the program:

Even if there were ambiguity about whether FISA, read together with the AUMF, permits the President to authorize the NSA activities, the canon of constitutional avoidance requires reading these statutes in harmony to overcome any restrictions in FISA and Title III, at least as they might otherwise apply to the congressionally authorized armed conflict with al Qaeda.

Right. Translation: Fuck you, we'll spy when we want.

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