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Judicial misconduct

Posted by Richard on January 7, 2006

Reasonable people can disagree about whether the recently-disclosed NSA monitoring violates anyone’s privacy rights and should have been submitted to the FISA court. Personally, I think the correct answer becomes clear if you ask the question the right way. Do you have a right — under the U.S. Constitution or under Lockean natural rights theory — to keep private your communications with persons waging war against the United States? I don’t think you do — not under any theory of rights that acknowledges that nation-states may properly exist. Others apparently disagree.

But reasonable people should be able to agree on this: it’s simply outrageous that some FISA judges are anonymously discussing the NSA program with journalists and speculating on the merits of the issue.

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