ON NSA SPYING: A LETTER TO CONGRESS:
"In conclusion, the DOJ letter fails to offer a plausible legal defense of the NSA domestic spying program. If the administration felt that FISA was insufficient, the proper course was to seek legislative amendment, as it did with other aspects of FISA in the Patriot Act, and as Congress expressly contemplated when it enacted the wartime wiretap provision in FISA. One of the crucial features of a constitutional democracy is that it is always open to the President?or anyone else?to seek to change the law. But it is also beyond dispute that, in such a democracy, the President cannot simply violate criminal laws behind closed doors because he deems them obsolete or impracticable."
Signed
Ronald Dworkin, NYU Law School
David Cole, Georgetown University Law Center
Walter Dellinger, Duke Law School, former Deputy Assistant Attorney General, Office of Legal Counsel and Acting Solicitor General
Richard Epstein, University of Chicago Law School, Senior Fellow, Hoover Institution
Philip B. Heymann, Harvard Law School, former Deputy Attorney General
Harold Hongju Koh, Dean, Yale Law School, former Assistant Secretary of State for Democracy, Human Rights and Labor, former Attorney-Adviser, Office of Legal Counsel, DOJ
Martin Lederman, Georgetown University Law Center, former Attorney-Adviser, Office of Legal Counsel, DOJ
Beth Nolan, former Counsel to the President and Deputy Assistant Attorney General, Office of Legal Counsel
William S. Sessions, former Director, FBI, former Chief United States District Judge
Geoffrey Stone, Professor of Law and former Provost, University of Chicago
Kathleen Sullivan, Professor and former Dean, Stanford Law School
Laurence H. Tribe, Harvard Law School
William Van Alstyne, William & Mary Law School, former Justice Department attorney
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