I’m way late on this, but David Kris from Time-Warner (and before that the Dept. of Justice) is taking over the Justice Dept.’s National Security Division. That’s great news. Really great news. Read my friends Julian Sanchez and Marty Lederman for more, but suffice it to say that Kris has eviscerated the Gonzales’ Justice Department’s legal justifications for the warrantless surveillance programs. If there’s a balm from last month’s ruling from the FISA Court of Appeals that the programs were, in fact, constitutional, it’s that there’ll be someone at the Justice Dept. who knows that’s some bullshit.
How Many MCs Must Get Dissed Before They Learn DON’T FUCK WITH KRIS |
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| By: Spencer Ackerman Thursday January 15, 2009 4:01 pm | |



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I am such a huge fan of David Kris. And his book, which I will now plug just to celebrate this news.
National Security Investigations and Prosecutions by David Kris and Doug Wilson (not the Doug Wilson on Trading Spaces) is a cookbook on how to do national security cases without trampling the Constitution.
It makes me happy every time I pick it up
Ackerman
Glenzilla and others say that the Supreme Court did NOT rule that Gonzo’s justifications for warrentless wiretapping were legal. They ruled on whether it was legal for the warrentless wiretapping to happen AFTER Congress passed legislation to do so. From what he and a couple other legal folks he links to today are saying is that the decision has no bearing on the wiretapping that was done before then.
Oh, huh, thanks, I should check that out.