In the wake of the nomination of Michael Hayden to head gut and marginalize the CIA, we hear that at his old gig, they are tracking every phone call we make. Lovely.
The general also indicated that the problem with legality and the NSA wiretapping isn't the wiretapping, it is THE LAW. His solution? WEAKEN THE LAW?
I would like to point out to the general that more is in play here than a statute. There happens to be that thing which he clearly indicated that he did not understand a while back, that pesky 4th Amendment and probable cause and all that. FISA, with its retroactive warrant procedures, is of dubious constitutionality today. he 4th Amendment is the floor beyond which no statutory authorization can go. And if we're playing "how low can you go" and FISA is the limbo stick, it is lying on that floor. Try going below that.
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