“In my professional opinion, the NSA domestic surveillance program is as blatantly illegal a program as I’ve seen,” said Prof. Harold Hongju Koh, dean of the Yale Law School, at a Senate Judiciary Committee hearing on February 28.
Others disagreed. “I believe that the inherent authority of the president under Article II, under these circumstances, permits the types of intercepts that are being undertaken,” said former DCI R. James Woolsey.
The opening statements from the February 28 hearing on “Wartime Executive Power and the NSA’s Surveillance Authority” may be found here.
The view that the NSA surveillance activity is illegal was elaborated in a legal memorandum that was presented to the Foreign Intelligence Surveillance Court last week by the Center for National Security Studies and the Constitution Project.
Also last week, Sen. Robert Byrd (D-WV) introduced legislation to establish “to investigate the instances of warrantless wiretapping and spying on U.S. citizens by the National Security Agency and other departments of Government.”
Satellite imagery of RAF Lakenheath reveals new construction of a security perimeter around ten protective aircraft shelters in the designated nuclear area, the latest measure in a series of upgrades as the base prepares for the ability to store U.S. nuclear weapons.
It will take consistent leadership and action to navigate the complex dangers in the region and to avoid what many analysts considered to be an increasingly possible outcome, a nuclear conflict in East Asia.
Getting into a shutdown is the easy part, getting out is much harder. Both sides will be looking to pin responsibility on each other, and the court of public opinion will have a major role to play as to who has the most leverage for getting us out.
How the United States responds to China’s nuclear buildup will shape the global nuclear balance for the rest of the century.