Thursday, November 30, 2006

Not an Eavesddropping Scandal, but a Lawbreaking Scandal

One more time, with gusto!

Glenn Greenwald:
It is truly astounding to watch people incapable of understanding the point that the reason it is wrong and dangerous for the President to eavesdrop on Americans without warrants is because doing so is against the law. Shouldn't that be a simple enough proposition that every functioning adult ought to be capable of understanding it? It doesn't mean that everyone has to agree with that proposition -- if people want to continue to cling to the theory that the President is unbound by the law concerning matters of national security, obviously they are free to do so.

But there is no excuse for failing to comprehend the objections to the President's behavior, particularly since the central objection is not all that complicated. To the contrary, it is what we all learn in seventh-grade civics. One more time: the principal problem with the President's warrantless eavesdropping is not that he is abusing the secret eavesdropping powers he seized (that is something we do not yet know, because the Congress has not yet investigated that question). Instead, the "problem" is that the President is engaging in the very conduct which the American people, through their Congress almost 30 years ago, made it a felony to engage in, punishable by up to five years in prison -- that is, eavesdropping on Americans without judicial oversight.

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