Question re: special counsel

[MissMillie]

If the AG won't appoint a special counsel to investigate the warrantless wiretaps, what legal recourse (other than lawsuits filed by the ACLU) do Americans have if they want this program investigated.

And I want someone in the administration, to answer this question to my satisfaction:

Why not get a warrant? If nearly all warrant applications are granted, and if applications can be filed withing 72 hours AFTER THE FACT, then why not get a warrant?

[MissMillie]

1. anyone? (Kick)

:kick:

[coalition_unwilling]

2. Depends on what you mean by "legal", I think

Do you mean a criminal investigation? U.S. Congress rendered this much more difficult by allowing the Independent Counsel statute to lapse. However, remember that this is also a "political" issue and, if Specter's hearings produce the drip-drip-drip of Ervin's Watergate hearings, you can expect a lot of political pressure for Stinky Gonzalez to appoint a special prosecutor.

Or a civil process? Civil processes involve discovery, which is why the ACLU's suit(s) should not be pooh-poohed necessarily. Problem with them is that they take time (and money) and BushCo would probably be out of office before any final disposition occurs.

[MissMillie]

4. I meant criminal

because I think it's a crime. There isn't anyone who can convince me that it isn't.

Given the facts about the process for obtaining a warrant (which I posted previously), given the fact that "wartime president" would infer that Congress had actually declared war and that even so the FISA statute talks about "15 days",....

It's criminal.

[coalition_unwilling]

5. I agree with you that it's a crime

But one thinks of the old Latin mind-bender: Quis custodiet ipsos custodes? (Who will guard the guardians?)

That's why I share Gore's view on Saturday that this is at root a political issue and must be fore-grounded in the Nov. mid-terms. IMHO, every Dem should run on a platform plank of "No warrantless wiretaps." If Dems re-capture House and Senate, then the apotheosis of the political process can begin, i.e., impeachment for "high crimes and misdemeanors."

[EFerrari]

3. Miss Millie, I truly don't know. The House Judiciary Com.

could issue subpoenas but the leadership may not allow that. That is why Mr. Conyers went ahead with his ad hoc hearing.

The bottom line is, Congress has this obligation and Congress is in a death struggle with the WH right now.