Sunday, February 05, 2006

Lincoln's Wiretaps

Tomorrow, Alberto Gonzales will testify before the Senate Judicial Committee. According to Time, Gonzales will lay out an argument using a 166 year old precedent to make the case that president has the authority to conduct unconstitutional wiretapping. Lincoln ordered this during the Civil War. Yea, and that 1978 FISA law is outdated. Ridiculous. From Time:

According to the documents, Gonzales plans to assert in his opening statement that seeking approval for the wiretaps from the Foreign Intelligence Surveillance Act (FISA) court could result in delays that "may make the difference between success and failure in preventing the next attack." He will compare the program to telegraph wiretapping during the Civil War.

One thing that should be noted though, during the wiretapping of telegrams during the Civil War, President Lincoln had suspended habeas corpus allowing the military to impose Martial law.

So, I guess I have one question. Has Bush suspended habeas corpus? It seems to me that he has, at least in selective instances. I'd like to see this debated.

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