The Latest Big Story

Is this one on the President's authorization of NSA wiretaps on terror suspects and overseas calls from terror suspects. The timing of this story is...well....suspect...coming just one day after the successful Iraqi elections (suspect, because the NYT has stated that have had the story for over a year).

While I cannot honestly say that I wish I could discuss it with my students on Monday (I am exhausted, and Christmas Break started Friday), this is a situation that is very worthy of discussion.

The key elements of the discussion revolve around the 4th Amendment...

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

...in this instance, the entire crux of the discussion appears to be the interpretation of the word "unreasonable." The original article pointed to two cases where attacks appear to have been stopped...one on the Brooklyn Bridge...so unreasonable it does not seem.

Secondly, is the issue of National Security as dealt with here...

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.
Article 1, Section 9

First, this is not an issue directly covered under Habeas Corpus...but then again...neither are wiretaps or Al Queda...

Lastly is the issue of the FISA Warrants

EAVESDROPPING INS AND OUTS [Mark R. Levin]
Some brief background: The Foreign Intelligence Security Act permits the government to monitor foreign communications, even if they are with U.S. citizens -- 50 USC 1801, et seq. A FISA warrant is only needed if the subject communications are wholly contained in the United States and involve a foreign power or an agent of a foreign power.

If you are interested in the minutia of the Foreign Intelligence Surveillance Act, this link might be of some use.

This entire issue is clouded by the fact that we do live in a vastly different world....