Nasty Little Man

Federal judge declares surveillance without a warrant unconstitutional

In Hamdan v. Rumsfeld, the Supreme Court -- as Marty Lederman was the first to note -- rejected the Bush administration's principal defense for its violations of the Geneva Conventions not only with regard to military commissions, but generally. By holding that Common Article 3 of the Conventions applies to all detainees, and a failure to treat detainees in compliance with Common Article 3 constitutes "war crimes," the Supreme Court effectively found that Bush officials have authorized and engaged in felony violations of the War Crimes Act (18 U.S.C. sec. 2241), which makes it a federal crime to violate war treaties such as the Geneva Conventions. That is why the administration is busy at work trying to change that law so as to retroactively legalize their conduct -- because the Supreme Court all but branded them war criminals, and the consequences of that can be severe.

And now, a federal court in Michigan -- the first to rule on the legality of the President's NSA program -- just rejected all of the administration's defenses for eavesdropping in violation of FISA, effectively finding that the administration has been engaged in deliberate criminal acts by eavesdropping without judicial approval. And as I documented previously, Hamdan itself independently compels rejection of the administration's only defenses to its violations of FISA. Eavesdropping in violation of FISA is a federal crime, punishable by up to 5 years in prison and a $10,000 fine (50 U.S.C. 1809).

Thus, judicial decisions are starting to emerge which come close to branding the conduct of Bush officials as criminal.

posted by Kinder Gentler Little Man @ 10:09 PM