Monday, January 02, 2006

The Volokh Conspiracy - Article II and the McCain Amendment:

It's becoming clearer to many, I think, particularly in the Administration, that the Article II argument is the strongest with the NSA program, and the Fourth Amendment argument is the loser.  If that is so, it explains the strategem for the Padilla, Gitmo and the other "combatant" cases.  Basically, the DOJ could have retrieved its information without warrants pursuant to these orders, and, thus, is screwed without some military status being placed on the defendants.



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