Friday, January 20, 2006

The New York Review of Books:

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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