End Runs Around the Constitution

Two weeks ago we learned that the National Security Agency (NSA) has been spying on the chancellor of Germany and on the president of the United States. Last week we learned that it has spied on the Pope and on the conclave that elected him last March. This week we learned that it also has … Continue reading “End Runs Around the Constitution”

Spying on the President

When German Chancellor Angela Merkel celebrated the opening of the new U.S. embassy in Berlin in 2008, she could not have imagined that she was blessing the workplace for the largest and most effective gaggle of American spies anywhere outside of the U.S. It seems straight out of a grade-B movie, but it has been … Continue reading “Spying on the President”

A Government of Secrecy and Fear

Every American who values the rights to life, liberty and the pursuit of happiness, every American who enjoys the right to be different and the right to be left alone, and every American who believes that the government works for us and we don’t work for the government should thank Edward Snowden for his courageous … Continue reading “A Government of Secrecy and Fear”

Before You Rejoice…

Before you rejoice that the government has seized an alleged terrorist in Libya who was indicted for planning the notorious 1998 U.S. embassy bombings in Africa, before you join the House of Representatives in a standing ovation for the Capitol Hill Police who killed a woman whose car struck a White House fence and who … Continue reading “Before You Rejoice…”

Government Looking for Witches Will Find Them

While the nation’s political class has been fixated on a potential government shutdown in Washington this week, the NSA has continued to spy on all Americans and by its ambiguity and shrewd silence seems to be acknowledging slowly that the scope of its spying is truly breathtaking. The Obama administration is of the view that … Continue reading “Government Looking for Witches Will Find Them”

Is the FISA Court Constitutional?

After President Richard Nixon left office in 1974, a bipartisan congressional investigation discovered many of his constitutional excesses. Foremost among them was the use of FBI and CIA agents to spy on Americans in violation of federal law and the Fourth Amendment to the Constitution. Nixon argued that the government needed to monitor “subversives” in … Continue reading “Is the FISA Court Constitutional?”

Spying and Lying

When Edward Snowden first revealed the spying the NSA has been conducting on what was then thought to be only customers of Verizon, the government was embarrassed, but it reluctantly acknowledged that Snowden revealed a truth. He had, after all, displayed an accurate and faithful copy of a judicial order signed by a FISA Court … Continue reading “Spying and Lying”

The President’s Embarrassment

When Secretary of State John Kerry, apparently irritated by a lack of sleep, gave a snippy and what he thought was an unrealistic reply to a reporter’s question at a London press conference last weekend, he hardly could have imagined the world’s response. Asked whether there is anything Syrian President Bashar al-Assad could do at … Continue reading “The President’s Embarrassment”

War, War, What Is It Good For?

President Obama’s request for express congressional authorization for a limited aerial invasion of Syria raises profound legal and constitutional questions. For starters, there is simply no legal basis in international law to support an American invasion of Syria. Yet, notwithstanding that, federal law permits the president to commit U.S. military forces anywhere he wants for … Continue reading “War, War, What Is It Good For?”

Domestic Spying Is Dangerous to Freedom

How is it that the government can charge Edward Snowden with espionage for telling a journalist that the feds have been spying on all Americans and many of our allies, but the NSA itself, in a public relations campaign intended to win support for its lawlessness, can reveal secrets and do so with impunity? That … Continue reading “Domestic Spying Is Dangerous to Freedom”