FISA Commentary

FISA COMMENTARY
[Commentary] In the Wall Street Journal, Robert Turner, a former senior White House lawyer under President Reagan charged with overseeing the implementation of FISA and other intelligence laws, argues that a President's highest duty is to the Constitution when there is a conflict between it and an inconsistent statute. In confirmation hearings, Judge Michael Mukasey rightly promised to resign rather than violate his oath of office if the "president proposed to undertake a course of conduct that was in violation of the Constitution" and could not be dissuaded. For precisely the same reason, he was also right to refuse to be bound by unconstitutional acts of Congress like FISA that usurp presidential power. Any senator who elects to vote against him because of this issue has a duty to explain to the American people by what theory an unconstitutional statute has suddenly taken on a superior position to the Constitution itself. Meanwhile, a San Francisco Chronicle editorial says that the reauthorization of the Foreign Intelligence Surveillance Act is supposed to be about protecting the American people from terrorists. However, the version that came out of the Senate Intelligence Committee last week also serves to protect the White House and telecom carriers from scrutiny over their past participation in warrantless wiretapping.

* The Surveillance Law That Matters
[SOURCE: Wall Street Journal, AUTHOR: Robert Turner]
http://online.wsj.com/article/SB119318480328969186.html?mod=todays_us_op...
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* Congress should not follow on FISA
[SOURCE: San Francisco Chronicle, AUTHOR: Editorial staff]
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/10/23/ED5LSU7G5...