Lawrence: I like Jim a lot, but I think he errs in his analysis of the FISA statute. He argues that terrorists are “foreign powers… as defined in section 1801, subsection (a)” of FISA. But as Orin Kerr explains, warrantless surveillance is permitted only on “foreign powers, as defined in section 1801(a)(1), (2), or (3)” — terrorist organizations aren’t defined as a foreign power until 1801(a)(4), (5), and (6). The surveillance may still be legal — I’m more inclined to think so than Kerr seems to be — but it isn’t that easy a call.
Also check out Tom Smith’s interesting response to Kerr, and Jeff Goldstein’s long round-up, both of which get at the fundamental question: Whether we view terrorism through a crime paradigm or a war paradigm.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?