Aziz Huq

...takes the stage. Discusses FISA, the big act that Holtzman, Kadidal, and the dapper Mr. Huq are speaking again and again about. Basically, FISA lets the executive ask a judge for permission to use electronic surveillance on a foreign power. President Carter signed it into law. It for the first time required a warrant for this surveillance. Huq points out the requirements are easy to meet, to get permission under FISA to use electronic surveillance.

Huq notes that FISA is a law; not even the president can get out of it. This sounds obvious, but it's worth thinking about: Most defenses of Bush, by Bush, by those of his supporters whom I've met, revolve around his just plain being the president.

Huq notes exceptions to FISA: If Congress declares war, the president gets fifteen days free of FISA; then he has to come back and ask for judicial permission for an extension. He can also, in an emergency (a "real" emergency, not just "the War on Terror," fought ad nauseam), the president can go ahead and spy, then come back and talk to the judiciary about it.

Discussion of the NSA - the president ordered the NSA to start surveillance without warrants. Pretty clear here. That's a big no-no, laws-wise. Bien fait!, if only we could get this dude into courts... I mean, into courts he hasn't already packed with his judges... So, I guess, into courts in another country. Darn.

Huq calls Alberto Gonzales an obfuscator (we concur, insofar as our non-attorney minds can understand the former Attorney General's mis-speeches).

Gray area of data-mining: Is it legal to use phone-company data to find "suspicious patterns of activity," paths, webs of calls linking terrorists, suspects, funders, etc.? Well, the next step after identifying paths is to trace those paths to individuals and spy on them. For which you need warrants.

Also, you can be "affiliated to Al-Qaeda" even if you're a cabbie and you pick up a suspect as a fare, or if you give money to any major Muslim charity. Then Bush can spy on you - you might be a suspect.

Also, also, the Pres. went against Congress and used the NSA to spy on U.S. citizens even after having been told not to. Huq says Bush has clearly committed high crimes. Nuff said (for our purposes).