January 28, 2006

When the Ends Justify the Means

What do you think those who rail against activist judges would say about this?

So, according to Judge Posner, the legality of warrantless eavesdropping is secondary, if not outright irrelevant. Discussions of whether the President broke the law are-aridly legal.-That's because law is merely a tool of social policy, and one that is flexible. So, before we get to the annoying and irrelevant question of whether George Bush's eavesdropping is illegal, we first have to assess the consequences of the program,-because if it yields good results, then it does not matter if it is prohibited by the law. As long as the eavesdropping is vital to the nation's defense, and had great merit, then it ought to be done, and even celebrated, even though it is against the law.

At bottom, this really is the central, indeed the only, defense which Bush followers have in the NSA scandal -- that although the President ordered exactly the warrantless, secret eavesdropping which the law expressly prohibits and makes it a criminal offense to engage in, the President has the right and the authority to break the law, and we should be happy that he did, because it's for our own good. Judge Posner is actually arguing that the law is secondary -- if not irrelevant -- when compared to the social policies that are at stake. Thus, if George Bush decides that good results will accrue from breaking the law, he is free to do so.

Views like this -- which, by definition, advocate a form of authoritarian lawlessness -- are disturbing and grotesque no matter who is advocating them. But the fact that these views are being peddled by a federal judge is more than just disturbing. It is a violation of every oath, obligation and function a judge is required to perform.

The conservative movement needs to look at the mindboggling anti-Americanism of those who claim to speak for them.

Posted by Mary at January 28, 2006 03:33 PM | Law/Justice | Technorati links |
Comments

okay, let's say you'd like to learn about an actual political campaign to impeach the president ...

ah, none of this noise about a yearning for somebody to go do it ...

in addition, you'd like to learn about a game plan to snag Osama ...

if all the above meets with your approval, then click, somehow, on the following hyperlink:

http://hewhoisknownassefton.blogspot.com/2006/01/osama-and-our-president-dumass-botch_20.html

and get ready for a ride on a wild blog

toodles
.......\
.he who is known as sefton

oh, yes, the above was copied and then pasted by an actual human being, who visited your "views" blog.

oh, one more thing, keep an eye on Pennsylvania's 10th Congressional District ... I'm trying to base my campaign on the three planks I nailed together in my platform ... "impeach bush" is the first plank ... the second is "impeach bush" ... and the third is like the second, "impeach bush".

Posted by: A Alexander Stella at January 29, 2006 09:55 PM