Wednesday, July 19, 2006

Hamdan & the Bush wiretapping

Senator Russ thinks the Administration's Defense for Illegal Wiretapping is Just Plain Gone. In the sense that the Hamdan Supreme Court decision that put the kibosh on the Guantanamo military commissions arguably applies equally to the current wiretapping the Bush administration engages in. If Hamdan held that Bush couldn't invoke the "authorization for use of military force" to justify its Guantanamo tribunals, then, Feingold points out, it similarly can't use it as a rationale for its wiretapping program. So Feingold is still on the case here. And good for him. But if Arlen gets his way, the ridiculous "compromise" legislation which could submit the wiretapping program to the FISA court for review, consolidate existing lawsuits against it and provide immunity to the Bush administration will prevail. While this illegal wiretapping program could have indeed become Hamdan II, it now may become fully sanctioned with the force of law unless there's a change of control in the congress.