An assistant attorney general in the Bush administration says
the government should be the sole arbiter of the legality of its domestic spying programs. The assertion comes in response to a lawsuit against AT&T for allegedly allowing the government to monitor e-mails and phone calls.
"In cases such as this one, where the national security of the United States is implicated, it is well established that the executive branch is best positioned to judge the potential effects of disclosure of sensitive information on the nation's security," [Peter Keisler, an assistant attorney general, and other U.S. officials] wrote in a filing on Wednesday evening.
"Indeed, the Supreme Court has repeatedly recognized that courts are ill-equipped as an institution to judge harm to national security."
The privacy rights group Electronic Frontier Foundation says the program allows the government to eavesdrop on phone calls and read e-mails of millions of Americans without obtaining warrants. The plaintiffs are seeking an injunction that would order the government to stop the program.
Well, that certainly simplifies things!
Imagine the time and money that we could save if we applied this standard to other legal issues. How many judges know anything at all about performing surgery? Should they be allowed to preside over medical malpractice lawsuits? Under the Bush paradigm, it would be better simply to allow the doctors being sued to adjudicate the cases against them. Criminal court proceedings would involve arguments by the prosecution and defense, with the District Attorney evaluating the merits.
It is past time for congress and the United States Supreme Court to confirm once and for all that this country remains a nation governed by the law. President Bush's stated intention is to place himself and his administration above the law. This is literally what it means to suggest that no court has the authority to judge his actions or question his decisions. The administration is advancing legal arguments to this effect. Bush's theory of authoritarian presidency must not be allowed to gain currency.
Notes & Observations on the Post-Satirical Age