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August 20, 2007

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Here is how I see this playing out. I think that the FISC has the power to determine this motion; such actions by courts are usually considered ministerial actions and, although the FISC is certainly a unique situation, I think the same principles still apply. However, just because the court can order the release of the orders does not mean that the Government is not entitled to move for partial seal/redaction. They will do so, then file motions for reconsideration regardless of the court's decision, using up precious time in the process. They will then seek review by the designated FISC Review Panel and, subsequent to that, appeal to SCOTUS. Even I think that, based upon claims of potential irreparable harm, the court has to leave the subject matter (orders) under seal for the entire process. The net result is there will be no joy on this issue until, if at all, well after it could be helpful. the positive thing that can emanate out of this is further exposure of the Administration's flim flam to the public.

bmaz:
"the Administration's flim flam to the public"

Is this sort of like "the Administration's Phlegm flung onto the public" and the constitution?

Almost identical.

BMAZ, if you don't mind my asking, were / are you an attorney? I am fascinated with your writings, and they are usually dead on to the issues at hand...

I have had a long and checkered career: degreed in Journalism, worked in oil and gas exploration for almost 20 years, got tired of that and moved over into IT. Your ability to focus on the issues is a phenomenal talent!

What; lawyers delay things when there's no outstanding bill? Absurd I say.

Sojourner - Stop it, my head is already huge from severe allergies; doesn't need to get any bigger. Yes, I both was, and still am an attorney; although I do far less trial work than I used to.

Leahy talking on CSPAN, about trying to obtain the administration's legal analysis regarding the TSP.

So the administration is getting pressure from several directions at the same time, on the same subject.

The presser is just informative - he (Leahy) has no plans to ratchet up action at this point. Hes going to bring the subject up after the Senate reconvenes.

And why exactly did Leahy fly into town for this? "Well, I guess the committee will have to decide what they want to do." No shit, Sherlock. There is no contingency action plan for the 100% chance this is what would occur? Crikey, this gets old.

bmaz- I wish I had half your brains. Unfortunately I only share your severe allergies. Oh well. Whatever inflates the old melon.

So, anyone know any drawback to a bunch of Senators filing a friend of the court brief on the FISC issue?

Sure seems like a way to add some umph to the argument. And since the White House is demonstrably refusing to meet a subpoena, it'd add urgency.

Well, bmaz, I suffer from severe allergies, as well, but I think I have permanent brain damage... ;-) I really admire your abilities. I have had several attorney friends, some of whom could perform similar feats, and I was always in awe of them. Maybe there is something about playing with computers that deletes that ability as we grow older... ;-)

Thanks!

I've never really believed this whole national security issue related to wiretapping. Security seems to be the first handle the admin reaches for any time they don't want something getting out.

Secondly, I and I'm sure the many, many closet terrorists sneaking around the country already assume that any commucnication is read, listened to, or othewise processed. The specifics of any program are largely irrelevant, the assumption is that we are all being profiled, and all communication is less than secure.

It's absurd to pretend that anyone pursusing illegal activity is going to suddenly realize they may be listened to by the disclosure of program specifics.

The ONLY reason for keeping this from congress is that it's illegal. And that all by itself is grounds for impeachment.

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