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Debunking the FISA/PAA Myths

By Jack M. Balkin

I was planning to write a post on this tendentious Weekly Standard column by Matthew Continetti, in which he uncritically repeats the canard that the President's pre-PAA electronic surveillance program was lawful, but fortunately Julian Sanchez has beaten me to the punch, with a thorough and devastating blow-by-blow. Highly recommended. I would only add one point: that if Continetti were correct that we are all in grave danger because of the expiration of the PAA (he's not), then it was unconscionable for the President to prevent an extension of it by threatening a veto. The fact that Bush chose to allow the law to lapse, solely in the name of telecoms' immunity for their (possible) violations of the law, should tell you all you need to know about what's truly at stake here.

Full post as published by Balkinization on March 10, 2008 (boomark / email).