Re: If it turns out that Bush broke a law with domestic spying....
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I am sure you read with interest Orin Kerr's volokh post analyzing the legality of this scheme. He concludes that the wiretaps may be constitutional (although he allows that his is a strained analysis -- a very significant concession considering the source), but concedes that they are likely illegal.
What say you now?
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I have no idea. I'm still plowing through some of the VC comments on Orin's post. Lot of complicated issues. My evidence prof was on Fox last night talking about the subject. He felt that it was OK, but he's really more of an evidence guy than a con law guy, so who knows. My current feeling is that it depends a lot on the specific facts of the program. For example, if we had NSA posts in the Sudan picking up US-bound cell phone calls in the Sudan, then I'd feel better about it, from a legal perspective, than vice versa. But then again, that's kind of a trivial thing to worry about in the middle of a war, so who knows?
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