March 18, 2006

70's poison in the national bloodstream...

Byron York has a fascinating piece in NRO on the FISA Court of Review decision called In re: Sealed Case...

In early September 2002, just before the first anniversary of the September 11 terrorist attacks, a group of lawyers gathered in a heavily protected, windowless room in the Department of Justice building in Washington. There were three federal appeals-court judges, Laurence Silberman, Edward Leavy, and Ralph Guy. There was Theodore Olson, the U.S. solicitor general. There was Larry Thompson, the deputy attorney general. And there was John Yoo, the Justice official who had closely studied questions of war powers and presidential authority. Rounding out the group were a few other department staffers, one official from the FBI, and David Addington, Vice President Cheney's top lawyer.

The purpose of the meeting was to argue a case whose details remain so classified that they are known by only a few people, but whose outcome, a decision known as
In re: Sealed Case, has become one of the key documents in the hottest argument in Washington today: the fight over what President Bush calls the "terrorist surveillance" of persons with known al-Qaeda connections, and what the president's opponents call "domestic spying."....

I had no idea that after Congress with the Patriot Act had removed "The Wall," the FISA Court had put it back in place! Madness. 70's Lefty madness that keeps coming back, like some Night of the Living Dead. FISA itself was a result of one of the lowest moments in American history, when the fall of Richard Nixon swept a putrid mass of America-hating leftists and pacifists into Congress and the White House. The result, besides FISA, was betrayal of South Vietnam to Communist tyranny and murder, and the abandonment of the hostages to the mercies of Iranian crazies. All of which sent a big fat message to the people who are now our enemies in this war, that we could be attacked with impunity.

There are still millions of Americans to whom the world of 1973 is the baseline of everything. To whom America is the evil tyrant of the world, needing to be brought down by virtuous leftists. And for whom any enemy of America looks good, no matter how murderous and tyrannical. And we are fighting against them as much as against al Qaeda. Ted Olson is as much a soldier in the War as anyone fighting in Iraq.

Posted by John Weidner at March 18, 2006 8:41 PM
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