1 Boring Old Man

The constant invocation of the practices of pre-FISA presidents is an incredibly important legal and constitutional point. If the president has the inherent authority to conduct surveillance, FISA might be unconstitutional. The main issue is whether Congress was able to limit this supposedly inherent authority with its enactment of FISA. Thus, the pre-FISA presidential precedent becomes an important issue.

I’m also more tired than you can imagine of his constant invocation of presidents from Washington to Roosevelt who authorized warrantless surveillance in wartime. All of that happened before FISA was passed in 1978 and is completely meaningless. And he knows it.

George Washington cut down a cherry tree on the Potomac as a kid too. Try that one now and you’re on the way to the slammer. I doubt the police would listen to, "Well, George Washington did it."

12:00 Noon    Come to think of it, the point of that story is that George told the truth when he broke the law.