Monday, February 06, 2006

Update to previous

There is something marginally relevant to the hearings now at RedState--Josterman posted the transcript of the Paul Mirengoff/Pajamas Media kerfuffle.

What I don't for the life of me understand is how they think that this transcript in any way aids their cause. Mirengoff does nothing but repeat the AG's argument that the AUMF authorizes surveillance otherwise prohibited by statute--and then he segues into saying that the only reasonable challenge to the AG's argument is to get congress to revoke the AUMF. The problem Mirengoff has--and this is why Durbin says "you've got it all wrong"--is precisely that the AUMF governs--you guessed it--the use of military force and not the use of surveillance--as well as the fact that FISA's authority to restrict surveillance is EXCLUSIVE and only alterable by changes to or revocation of the FISA statute--which has happened, incidentally, four times since the law was enacted in 1978.

Pajamas media may be very good at repeating exactly what the AG might have said about this situation, but they're obviously not very good at critical thinking.

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