[RP TownTalk] Md senator helps pass Telecom immunity

[Roland Walker]

I should have written more clearly throughout that I'm talking about
Commander-in-Chief powers vs all Article 2 powers -- there's a lot of
other stuff in Article 2.

God knows I agree there is such a thing as too much surveillance.  I
also think that the domestic side of the war has gone on too long and
should be re-thought.

Imputing what the Supreme Court might have been thinking when they
declined to take a case puts you on weak ground against a clear
precedent in Ex Parte Quirin.

I think you'd be on stronger ground to acknowledge past practice and
caselaw and make your argument in favor of a new, different system of
review.  After all, Bush has argued that this is a new, different kind
of war.

R

On Feb 17, 2008 8:29 AM, Alan Thompson and Sarah Wayland <twacks at his.com> wrote:
>
> On Feb 17, 2008, at 2:30 AM, Roland Walker wrote:
> > It's fun, but I don't want to keep this going forever.  Surely we are
> > already boring people.
>
> Yep.  Agreed.  But I'm not shutting up yet ;-)
>
> > I must point out that many, many, many did argue that the Judicial
> > Branch had no business there.
>
> Not the current US Supreme Court, though (they could have rejected
> Padilla's case outright, rather than sending it to another court for
> consideration).  And the Administration was worried enough that they
> transferred Padilla's case to civilian court, so I don't think THEY
> were so sure, either.
>
> Some people (I'm pretty sure you are in this group from your earlier
> statements) think that everything the telecoms (and the
> administration) did was legal and authorized under Article 2.  I'm
> not so sure -- I would like the courts to review what happened, since
> I (and you) don't even KNOW what happened, exactly, we just have a
> few hints of it.  Congress has the power to stop that legal review
> (we agree on this, I think).  I don't want them to, and let my
> representatives know my opinion.
>
> I continue to encourage everyone, regardless of their opinion on this
> issue, to share it with their Senators and Representative.  I hope
> that you agree that is a good idea.
>
> Regards,
>
>
> Alan
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