Comments on: More On The FISA Fold http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/ Refunds Cheerfully Given To All Who Disagree Sat, 07 Apr 2012 09:00:47 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Andy Vance http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-204054 Andy Vance Thu, 18 Jan 2007 16:40:26 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-204054 Sure, if you consider a boxer backing off to avoid a punch "compromise." They've conceded nothing of substance. They consider the decision to take wiretapping out of the FISA court and to put it back in entirely the executive's prerogative. I doubt they care much about the Democrats. They do want to avoid a court precedent; it's no accident this happened two weeks before the various lawsuits were set to be argued. This is a strategic retreat. As Jack Balkin <a href="http://balkin.blogspot.com/2007/01/bully-presidency.html" rel="nofollow">points out</a>, if the debate was truly about FISA, the administration could have got everything it wanted years ago without fuss, and would still have its way today. But that would have meant conceding that Congress has a role to play. This was merely a proxy, as are the fights over torture and detainees. The real issue is the Cheneyites' radical interpretation of Article II. I personally wouldn't call it fascist. Bonapartist might be closer. But the fight ain't over by any means. Sure, if you consider a boxer backing off to avoid a punch “compromise.”

They’ve conceded nothing of substance. They consider the decision to take wiretapping out of the FISA court and to put it back in entirely the executive’s prerogative. I doubt they care much about the Democrats. They do want to avoid a court precedent; it’s no accident this happened two weeks before the various lawsuits were set to be argued.

This is a strategic retreat. As Jack Balkin points out, if the debate was truly about FISA, the administration could have got everything it wanted years ago without fuss, and would still have its way today. But that would have meant conceding that Congress has a role to play. This was merely a proxy, as are the fights over torture and detainees.

The real issue is the Cheneyites’ radical interpretation of Article II. I personally wouldn’t call it fascist. Bonapartist might be closer. But the fight ain’t over by any means.

]]> By: Fargus http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-203963 Fargus Thu, 18 Jan 2007 15:44:14 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-203963 But nothing changed besides the Democratic control of Congress. I can't help but think that, in retrospect, it makes the whole warrantless wiretapping thing look like nothing more than a naked assertion of executive power. A sort of "because I can, that's why" thing. But nothing changed besides the Democratic control of Congress. I can’t help but think that, in retrospect, it makes the whole warrantless wiretapping thing look like nothing more than a naked assertion of executive power. A sort of “because I can, that’s why” thing.

]]> By: Mark http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-203945 Mark Thu, 18 Jan 2007 15:35:22 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-203945 Andy, no, willingness to compromise with your political opponents is a defense against charges of fascism... Andy, no, willingness to compromise with your political opponents is a defense against charges of fascism…

]]> By: Mark http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-203838 Mark Thu, 18 Jan 2007 15:02:19 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-203838 I hear ya...I'm still trying to digest a few details before I settle on my opinion, but at first glance, as my post title indicates, it looks like they mucked their hand... I hear ya…I’m still trying to digest a few details before I settle on my opinion, but at first glance, as my post title indicates, it looks like they mucked their hand…

]]> By: Andy Vance http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-203837 Andy Vance Thu, 18 Jan 2007 15:02:07 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-203837 Yes, incompetence and ineffectiveness are indeed exculpatory evidence against charges of fascism. What will <a href="http://www.msnbc.msn.com/id//16668110/" rel="nofollow">Snidely Whiplash</a> try next? Yes, incompetence and ineffectiveness are indeed exculpatory evidence against charges of fascism.

What will Snidely Whiplash try next?

]]> By: too many steves http://informedspeculation.com/2007/01/18/more-on-the-fisa-fold/comment-page-1/#comment-203752 too many steves Thu, 18 Jan 2007 13:53:03 +0000 http://decision08.net/2007/01/18/more-on-the-fisa-fold/#comment-203752 I am troubled and discouraged at how GWB has rolled on this issue, especially given, as others have noted, the highly principled stand the Administration took on the question. I suppose I should have known better, we've seen this behavior before, i.e.; Steel tariffs, Affirmative Action, No Child Left Behind, National Drug Benefit, and Campaign Finance reform. I suspect this is the substance behind my extreme discomfort with the "Compassionate Conservative" philosophy, as practiced by the President. I am troubled and discouraged at how GWB has rolled on this issue, especially given, as others have noted, the highly principled stand the Administration took on the question. I suppose I should have known better, we’ve seen this behavior before, i.e.; Steel tariffs, Affirmative Action, No Child Left Behind, National Drug Benefit, and Campaign Finance reform. I suspect this is the substance behind my extreme discomfort with the “Compassionate Conservative” philosophy, as practiced by the President.

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