Sunday, January 26, 2014

Erwin Chemerinsky's Op-ed in OC Register

UC Irvine Law School Dean Erwin Chemerinsky, a liberal guy, has written an editorial in today's Orange County Register, which I am linking below.

"The recommendation for a FISA court public advocate makes great sense. It would mean that there would be an adversarial presentation to the court, ensuring that the judges would have the benefit of hearing two sides. National security and secrecy would be protected, while still allowing the government's position to be challenged."

I state at the outset that this NSA spying scandal has divided people within both the left and the right as to what is acceptable in government spying in trying to prevent terror attacks and save lives. Like many, I question whether it is necessary to read what I say and write or even have it available. What I do take exception to, however, is Chemerinsky's assertion that applications to the FISA court should involve an opposing attorney to contest the applications for monitoring.

There is a reason why certain national security requests for electronic monitoring are made outside of the normal court procedures. In the past, it was monitoring on the Soviet embassy and rooting out espionage. Now it is trying to identify Islamic terrorists in this country before they strike and kill people in large numbers.

And Chemerinsky wants to have a FISA court request become an adversarial proceeding where the "rights" of Al Qaida terrorists are protected?

But, of course, the opposing attorney would  never compromise the investigation, right?

Two words:

Lynne Stewart

1 comment:

Siarlys Jenkins said...

No Gary, the adversarial proceeding is to protect the rights of all the innocent Americans whose phones the FISA court seems all to ready to lay before the NSA, and who at present have no advocate.

Why is this so difficult to grasp?