As we all know RedState is the very last place you would think to go for a thoughtful well reasoned opinion of Bush flaunting the Constitution and the law... Well, suprise!
'horaceox' went into a great degree of detail to paint an accurate picture of Bushs actions and the law. IMO
Preface:
I think there are four questions that should be asked: (1) Are the searches constitutional; (2) Do the searches violate FISA; (3) Do the searches fall within an inherent Article II Power that trumps FISA, and (4) should Bush be impeached?
Conclusion:
My initial answers to the questions are (1) No, (2) Probably yes, (3) Probably yes, and (4) Probably no.
Three Two out of Four not bad for RS. He then goes on to detail and defend his positions WITHOUT being sent to the pile!
more and a link below the fold.
My Take On The Surveillance by: horaceox
Before I go on, I should give the best partisan assessments of the issue (while Kerr is more conservative than not, he's pretty fair-minded in his legal analysis). For the best conservative spin, I'd look at Hinderaker's post at Power Line, for the best liberal take, I'd say Marty Lederman's at Balkinization is tops.
At any rate, I think there are four questions that should be asked: (1) Are the searches constitutional; (2) Do the searches violate FISA; (3) Do the searches fall within an inherent Article II Power that trumps FISA, and (4) should Bush be impeached? My initial answers to the questions are (1) No, (2) Probably yes, (3) Probably yes, and (4) Probably no.
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