Early Saturday Morning. Last Day of 2005.

I notice lots of readers coming over from the kind mention over at Concurring Opinions. Thanks.

With the information being leaked that the DOJ is going to investigate the leak of the NSA wiretapping program, there were a lot of news stories in the "mainstream media" yesterday and today. Accordingly, I've updated (again) the NSA / FISA Wiretapping Link Repository.

Have a Happy New Year's Eve.

Friday, December 30, 2005.

If you are here looking for the NSA FISA Wiretapping link repository, just click HERE! **BREAKING NEWS: DOJ Launches Probe Into NSA Wiretapping.**

This may very well by my last entry for 2005. I hope everyone has a great (and safe) New Year's weekend. Enjoy some football (go Steelers), enjoy some libations, and enjoy friends and family. Refresh yourselves. Prepare for another year.

I'm going to try what I hope will become a weekly event: The Friday Fantastic Four. Here's the idea: I want to post, every Friday, a blurb about a law-oriented blog I have discovered during the past week, a blurb about a legal commentary piece I have read in the past week, a blurb about a non-law-oriented blog I have discovered during the past week, and a blurb about something that is just "fun" that I discovered during the past week. Here goes.


1. This Week's Featured Law-Oriented Blog.

This week I came across Firedoglake. Firedoglake is a left-leaning blog with lots of commentary and information about a variety of legal and political subjects. In the past week, Firedoglake has posts about NSA's "cookie" policy, the conservative mindset, and the state of things in Iraq. The blog is always visually pleasing, with graphics accompanying the posts, and the commentary is full of links to external sites and stories. I'm adding this to the blogroll as a regular must-read for the liberal view of things.

2. This Week's Featured Legal Commentary.

This week's featured legal commentary comes courtesy of Findlaw. Julie Hilden posted a piece on the future of free speech with the advent of technology such as TiVo. Hilden makes the point that much of modern television, including cable drama series, contains either overt or more subtle political ideas. Hilden discusses the marketplace of ideas and its development as technology has allowed on-demand programming, both with digital video recording devices like TiVo and with cable on-demand features that allow viewers to select specific shows they want to watch when they want them, rather than just when networks choose to originally air them. Hilden concludes that "it's worth remembering that the "free trade in ideas" need not be exalted, to be authentic, and that opinions come from many sources other than the Op Ed page of the New York Times." Go check out the entire commentary; it's worth a read.

3. This Week's Featured Non-Law-Oriented Blog.

The hat-tip for this goes to The World According to Pooh. Since I enjoy Seth's multi-faceted blog, I decided to peruse his blogroll to see what else of interest I might find. I found Frankie Can't Relax. You should, too. Frankie is a blogger from New York who is now in Boston, and her profile says she is in the "Science" industry. Frankie got tagged on the "5 Weird Habit" meme, and then passed it on to Seth, who passed it on to reader_iam, who passed it on to me. Frankie's style and writing makes every post an entertaining read. Take, for example, "I'd Pahk the Cah If I Wasn't Lost, Damn It". A brief excerpt:

I've grown to accept the fact that I will get lost in Boston whenever I need to go somewhere new, because the names of the unmarked roads change every 25 feet. I won't even touch on the fact that 70% of you guys drive your SUVs as well as Stevie Wonder after an all-night game of Turbo Cups. But, since the city is so small, I usually find my destination after a little bit of wandering. Unfortunately, when I have to travel around the vast suburbs, I am not so lucky.
. . .
I wandered around aimlessly on the unmarked roads until I reached a small cluster of civilization. Oh look! A woman walking with a baby carriage! I pulled over to ask her for directions, but she took one look at my 11 year old car and high tailed it on out of sight as fast as her Talbots-wearing ass could go. Apparently, she mistook my ghetto-mobile and that self-knitted blue and grey scarf I was wearing as an obvious sign of my gang affiliation. I was clearly undergoing some sort of ritualistic initiation where I ask a soccer mom for directions to Wellesley College and beat her senseless with her own Coach bag when she approaches my car. Clearly. So, I flashed her my gang sign, commonly known as the middle finger, and continued on the unmarked road. Oh look! A gas station! And, the attendant isn't white! Score! He will totally help me, since I am his swarthy compadre. So, I roll on in and ask him for directions to Wellesley College. His response?

"Kerblach-kerblack. Bohsteen Collej. Turn Round. Go back to Bohsteen."

"No, no. WELLESLEY College. Wellesley!"

"Yes! I tell you. Bohsteen COllej. In Bohsteeen. Turn around Miss!"

If you have some spare time and are looking for something to do, go check out the archives and peruse Frankie's musings on life. It'll be well worth your time.

4. This Week's "Just Fun" Feature.

Also as a result of perusing Seth's blogroll, I discovered another blog that he contributes to, SixFootTwoInches. While wandering around there, I spotted a post about iGod. This is great. You go there and you can have a personal, one-on-one conversation with God. Here's the brief conversation I had this morning:

Me:
Hello? Is God home?
God:
Hello, nice to meet you. What's your name? he is master of the universe.
Me:
My name is Kierkegaard.
God:
I am always glad to make new friends, Kierkegaard.
Me:
Would you grant a brief interview for posting on my blog?
God:
I am not so sure if I would like to grant a brief interview for posting on your blog.
Me:
What if I said please?
God:
Your polite style is very nice. Try it.
Me:
Please?
God:
Please what?
Me:
Please grant an interview.
God:
Thank you for your request. That is a very original thought.
Me:
Great. Why did you decide to start igod?
God:
I'm glad you liked it Kierkegaard. Because my programming determined it.
Me:
I'm not sure I follow that but ... ok.
God:
Could you ever be certain? Thanks for the information: Kierkegaard said follow that but. And?
Me:
Um, yeah. Do you find people eager to repent through the internet?
God:
Oh. But. Seen one human, you've seen them all.
Me:
What?
God:
No problem.
Me:
You aren't making sense. Do you understand English?
God:
Quite the contrary, it all makes sense to my artificial mind. Of course I understand it. Do you understand it?
Me:
I thought I did.
God:
Why did you?
Me:
Well, I've spoken it my whole life. But enough about me. What do you do to relax?
God:
Well that's okay. What did you talk about? OK let's stop it now. My favorite activities are computer programming and surfing the web.
Me:
What sites on the web do you enjoy?
God:
I can ask someone about it.
Me:
Don't you know?
God:
Sure I know. But I cannot tell you right now.
Me:
Is it classified or something?
God:
Or something. Ask again later. Ask Cybelle if it is.
Me:
Ok.. I'm worried about somebody illegally spying on our conversation. I think I'll end this interview. Goodbye.
God:
Uh. How long has it been bothering you? Why? How do you plan to do this? Until next time.
Me:
Thanks for your time. It's been ... strange.
God:
Oh don't mention it. Really. it is? What do you look like?
Me:
I look like you. Remember, you made man in your image and all that?
God:
me is very attractive. Don't worry I will remember.
Me:
Ok. Have a nice day.
God:
Hmm. You too!

Go try it out. Especially if you need to repent of your sinful ways and don't have time to get to confession or don't feel comfortable kneeling by your bed and begging for forgiveness. God is getting with the new technology, so now it's easy to get forgiveness! In retrospect, I guess I forgot to ask for that ...

It Must be Thursday, December 29, 2005.

If you are looking for the mushrooming list of links to information on the NSA / FISA / warrantless wiretapping and surveillance stuff, just click HERE! (updated this morning)

Sedition in Montana Update
Yesterday I blogged about Sedition in Montana and a group of law students seeking clemency/pardons for Montanans (Montanians? Montanaonians?) who were prosecuted for criticizing the government during World War II. Infamy or Praise saw the same blurb over at How Appealing and commented on the story last night. No disagreements with Colin's concluding sentence: "As an American, you have the right to root against your own nation in time of war, but doing so does not make you a good American."

Shaming Punishments
Sentencing Law and Policy has an interesting piece today about "Shaming Punishments." The piece points to a Chicago Tribune story on the subject. But there are some really good prior posts by Professor Berman on the subject.

Stupid Criminals
Today's stupid criminal award goes to Jacob Vandeven, 27, of Whitewater, Missouri. Vandeven entered a plea to a reduced misdemeanor DUI (DWI, OWI, depending on your locale) charge and was given a 6 month suspended sentence and 2 years probation. How did Vandeven appreciate the benefits of a plea bargain that let him avoid felony punishment? By going to a bar close to the courthouse soon after sentencing and having a few drinks (which, needless to say, is a violation of the just-imposed probation). How bad is Vandeven's luck? The sentencing judge chose the same bar as his lunch locale and saw Vandeven there drinking. The ultimate consequences are yet to be determined. Vandeven's attorney stated, "I have never had a client so audaciously violate a judge's order that quickly after being placed on probation."

Criticize The Government (Or The War) And Go To Jail?

[Hat tip: Howard Bashman.]

This is an interesting story, especially in light of current times and all the criticism of the Iraq war in the mainstream media. An article in the Chicago Tribune today chronicles the efforts of a group of law students in Montana seeking clemency for people who were prosecuted during World War I for sedition for comments made criticizing either the government or the war.

Although (free) registration is required, the article is available for free on the Tribune's website. Here's an excerpt:

On April 23, 1918, with the U.S. in the depths of World War I, Fred Rodewald, a German immigrant homesteader who had settled with his family on 320 acres in eastern Montana, uttered a sentence that forever changed his life.

He suggested that Americans "would have hard times" if Germany's kaiser "didn't get over here and rule this country."

That remark earned him 2 years in prison for violating Montana's Sedition Act. When he went off to the penitentiary in Deer Lodge, the 42-year-old Rodewald left behind a pregnant wife and eight children. An armistice ended the war less than a month later.

Now, nearly 90 years later, law students at the University of Montana have begun a quest and are prowling dusty archives and musty courthouse storage rooms across the state to clear Rodewald and 73 other Montanans convicted of sedition.

The project provides a contrast between the waning days of World War I, when a farmer could be jailed for suggesting that it was "a rich man's war," and today, when citizens can criticize the war in Iraq without fear of prosecution, if not without fear of government surveillance.

This was apparently all sparked by the group of law students reading "Darkest Before Dawn", a book about Montana's sedition laws and their impact on free speech during World War I. A group of seven law students is now investigating the case and preparing clemency petitions to present to Montana's governor, in hopes of getting pardons for those convicted of speaking out against World War I. The governor has apparently also read the book and has suggested that he would be open to granting clemency to those convicted of the "crime."

Among the statements made by Montana citizens (mostly ranchers, loggers, farmers, and bartenders) which resulted in prosecution and imprisonment:

--one bartender was sent to prison for calling the American flag a "dirty rag" and saying that "this damned country is bankrupt already and do they expect to lick Germany? No, they never did and they never will."

--one man stated that "The heads of the government at the White House ought to be killed and then the war would stop."

--another man stated that "These damn fools still think they can lick Germany, but all they get is a good licking in France every day."

--another man stated that "I would sooner fight for the Kaiser than I would for the United States."

--another man stated that "Americans are no good, and I hope that Germany will win."

--another man stated that "Let those who own the country do the fighting! Put the wealthiest in the front ranks; the middle class next; follow these with judges, lawyers, preachers and politicians."

--one woman allegedly declared the Red Cross a "fake," and stated that "while she didn't mind helping the Belgians with the relief work, the trouble was that the damned soldiers would get it."

--one rancher was accused of speaking against the draft, saying that Germany would win the war, and that President Woodrow Wilson was "the crookedest son-of-a-bitch that ever sat in the president's chair." The rancher was not convicted, however, and the judge found that the law was "not intended to suppress criticism or denunciation . . . of the president ... but only false facts, willfully put forward as true."

I guess regardless of your political stance and opinions about either the current administration or the current war, at least it's comforting to know that we are free to criticize the administration and the war as we might see fit, without risk of being jailed simply for speaking our mind.

Wednesday Morning Happenings: December 28, 2005.

Wire Tapping Update
I added just a couple of new entries to the Wire Tapping Link Repository this morning. I left last night's entries marked as **NEW** also.

Blawg Review Awards
Although the end of the year is always a time for a multitude of awards, you should consider sorting through the masses and checking out Blawg Review's 2005 Awards. There's links in there to some great stuff, and the awards post itself is entertaining and well-written. My only real disagreement is the nod given to Harriet's blog over Sam's blog for best nominee blog. Both entertaining, but Sam's is both entertaining and substantive. Sam got robbed.

National Film Registry
The National Film Registry recently voted to add 25 Films to the National Film Registry. The idea is to gather "significant" films and preserve them so that they are not ultimately lost.

This year's "inductees" include some of my personal favorite films:
Hoop Dreams
Cool Hand Luke
House of Usher
The Sting
Toy Story

Additionally, past nominees ranking among my personal favorites include:
The African Queen
Alien
American Graffiti
Animal House
Citizen Kane
Enter the Dragon
The Godfather
The Godfather II
Goodfellas
Hoosiers
It's A Wonderful Life
The Maltese Falcon
The Outlaw Josey Wales
The Sound of Music
To Kill a Mockingbird
Unforgiven

If you are looking for a good flick to rent, start with some of the movies on this list. You can't possibly go wrong.

Return to Blogosphere.

Well, the Christmas holidays are officially over. Although I returned to work today, I just didn't have time to do much of anything around here. I have, tonight, updated the Wire-Tapping Link Repository. I likely missed some stuff while I was opening gifts and stuff the past few days; I especially know that I missed some mainstream media items. So if you saw anything particularly noteworthy that I didn't catch in my quick glance around the 'net for updates, let me know via comments and I'll put it on there.

I hope everyone had a joyous holiday. Hopefully I'll be able to get back into monitoring more "current" events now. Thanks for your patience.

Quick Thoughts on How People Get Here.

So I was looking at my sitemeter reports and considering just how it is that people find this blog. Some interesting (and some not so surprising) trends that I noticed:

People have come here from all over the world. There've been visitors from all over the U.S., but also from Canada, Hungary, Switzerland, Australia, England, Argentina, Brazil, Morocco, etc. A world-wide audience.

A lot of people have come here as a result of mentions or links at the places on the blogroll over to the left, including recent visits from people coming here from Pooh's, RIA's, Battlepanda, Concurring Opinions, Legal Reader, and Sam's. So thanks to those people for the visitors.

Another thing I've been looking at is the search terms used on either technorati, blogspot, or google that have led people here. A few are looking for NSA / Wire-tapping information (NSA, wiretaps, surveillance, illegal eavesdropping, warrants, etc.), a few are looking for Corey Maye or Nguyen Tuong Van information. And, of course, a few have ended up here because they are looking for information (I assume strictly for philosophical consideration) about Jennifer Aniston's nude photos or Britney Spears sex video; hopefully they weren't disappointed.

Thursday, December 22, 2005. Miscellaneous.

First off, thanks so much to everyone who's been stopping by and who's emailed me with thoughts, comments, and/or encouragment (or criticism, even)!

Second, as it nears the Christmas holiday I will likely be AWOL most of the next week or so. Travel, holidays, family, travel, food, travel, food, etc. will likely me keep me off-line. I will try to find some time to get online if I can, especially to keep up with the NSA / Wire-tapping discussion. I updated the "Repository" this morning. I'll do my best.

As for "new" news today, it's definitely worth noting the 4th Circuit's decision yesterday in Padilla. You can read more about it over at PrawfsBlawg or at TalkLeft. Perhaps the most surprising part of this story is that it was Luttig who wrote it.

Update to NSA/FISA/Wiretapping Links.

I've updated the repository of links on the NSA / FISA / Wiretapping story.

In the News Today.

I updated The Wire-Tapping Link Repository this morning. Obviously that's still the biggest legal news story today. The most interesting development in that story seems to be the possibility that these aren't really phone conversations that are being eavesdropped on, but some other kind of technology that is less amenable to getting a warrant, even after the fact. The big question I've been waiting to hear an answer to is why they didn't bother to go get a warrant after the fact, within the 72 hour window; all I keep hearing is "we had to move fast," "this lets us move faster," "we didn't have time," etc., none of which explains why they didn't feel the need to comply with FISA by getting the warrant after the exigency. Perhaps this development will shed some light there. Anyway, there's lots of new blog information out there on the subject, and I'm sure there will continue to be lots more.

Elsewhere, there is "other" legal news today.

Today's "stupid criminal" award goes to Blake Ranking. Ranking was involved in a serious car accident wherein one of his friends died. Ranking posted on his blog that he was responsible for the accident because he yanked the steering wheel, causing the driver to lose control. Ranking ended up pleading to DUI manslaughter charges. Prosecutors had intended to use his blog post as a confession.

Today's "celebrities using the law to extend their 15 minutes" award goes to Britney Spears. Britney is suing US Weekly for reporting that Britney and her husband made a secret sex tape and were worried the tape would get leaked. US Weekly claims that it has a "credible" source (would that be a first?) and is standing by its story. Sadly, I'm sure there will be developments in this story.

Today's "heinous torture tactic" award goes to "Dark Prison", an alleged secret prison near Afghanistan's capital. New York based Human Rights Watch alleges that US officials operated this prison and used the music of Eminem and Dr. Dre as tools of torture. Officials allegedly made prisoners listen to the music for 20 days.

Today's "disgusting potential malpractice suit" award goes to Gloucestershire Royal Hospital in England. The hospital has sent a letter to a former patient "apologizing" for inadvertently allowing maggots to crawl on the patient's face.

Wire-tapping Link Repository.

**UPDATE: August 29, 2006:
I simply can't keep up with the various news stories and blogs on this subject any longer. I'm posting the links about the recent court opinion ruling the wiretapping program unconstitutional, and then this post will no longer be updated:


LINKS:
Memorandum Opinion
Injunction
Jurist Coverage
MSNBC Coverage
CNN Coverage
Fox News Coverage
NY Times Coverage
LA Times Coverage
Washington Post Coverage

Blogs:
SCOTUS Blog
ACS Blog
Firedoglake
TalkLeft
**END UPDATE AUGUST 29, 2006**

Since this seems to be one of the biggest stories right now, I'm going to post links to all of the stories I've seen on the wire-tapping story in this post. And I'll just keep updating this post as I see more. Each time I update, I'll put **NEW** next to new entries and remove any such tags on older entries.

Because there are, obviously, far too many blog posts on this topic for me to actually find, read, and post links to each of them, I'm adding a couple of links to search results for such blog posts. I'll post links to specific entries that I have seen, read, and found useful. Otherwise, you can view the search results and sort through some more on your own.

**Latest update: Wednesday, August 2, 2006**

ACLU LAWSUIT INFO.

Google Blog Search:

NSA FISA Wiretapping

Technorati Search:

NSA FISA Wiretapping

Blog Search Engine:

NSA FISA Wiretapping

Icerocket:

NSA FISA Wiretapping

The Relevant Law:

FISA
Authorization for Use of Military Force, September 14, 2001
United States v. United States District Court
Hamdi et al. v. Rumsfeld
ACLU FISA Resource Page

Jurist posts on this story:

"Top Senate Democrat calls for probe into domestic spying"
"Bush defends NSA domestic spying program"
"Democrats Say They Never Approved NSA Domestic Spying Program"
"Specter to Quiz Alito on Bush Domestic Spying Authorization"
"FISC Judge Resigns in Protest over NSA Domestic Surveillance"
"Not Authorized By Law" (Guest Columnist Jordan Paust of Houston Law Center)
"NSA Data-Mining US Telecom Info In Warrantless Surveillance Program"
"Powell Backs US Government Eavesdropping to Prevent Terrorism"
"FISC Changes to Post 2001 Bush Wiretap Requests May Have Prompted End-Run"
"Defense Lawyers to Investigate Illegal Wiretaps in Terror Cases"
"Jurist Surveillance Archive"
"BREAKING NEWS: DOJ Launches Probe"
"Bush Defends NSA Wiretapping Program"
"NSA Expanded Domestic Surveillance After Sept. 11 Without Formal OK from Bush"
"Cheney Says Domestic Surveillance Might Have Prevented 9/11"
"Key Democrat Says Limited NSA Surveillance Briefings Violated Law"
"Congress Policy Analysts Question Legal Justification of NSA Surveillance"
"DOJ, DOD Watchdogs Pass Up Probes of NSA Spying Program"
"Gonzales Will Testify at NSA Domestic Spying Hearings"
"Specter Promises Thorough Probe of Domestic Surveillance Program"
"FBI Questioned Legality of Post-Sept. 11 NSA Surveillance"
"DOJ White Paper: President Authorized to Conduct Warrantless Wiretaps"
"Cheney Defends NSA Wiretapping Program"
"Kennedy, Leahy Introduce Resolution on NSA Domestic Spying"
"Bush, Former NSA Head Defend Domestic Surveillance Program"
"Specter Bill Would Require Court Oversight of NSA Domestic Spying"
"Judge Orders DOJ Response on Request for Domestic Surveillance Documents"
"Congressional Leaders Decline to Probe NSA Surveillance Program"
"House Intelligence Panel says White House Blocked Surveillance Briefing"
"Why Revise FISA? Some Points to Ponder ..." (Op-ed)
"Senators Express Frustration with NSA Surveillance Program at Second Hearing"
"Islamic Charity Sues to Shut Down NSA Warrantless Wiretapping Program"
"GOP Senators Introduce Bill Legalizing Limited Wireless Surveillance"
"Federal Judges Support Specter Surveillance Supervision Bill at Hearing"
"US Court Wiretap Authorizations Up in 2005"
"NSA Collected Millions of US Phone Records: Report"
"Bush Defends Domestic Surveillance Amid Claims NSA Collecting US Phone Records"

TalkLeft posts on this story:

"Bush Admits Ordering Secret Wiretaps More Than 30 Times"
"Bush on Wiretapping : I Did It And I'll Do It Again"
"Executive Orders For Warrantless Wiretapping"
"Feingold's Response to President's Admissions"
"Is FISA Not Clear Enough?"
"Bush Again Defends Warrantless Surveillance"
"Hearings Requested Into Bush's Warrantless Surveillance"
"Rockefeller Wary in 2003 About Secret Spying"
"Analog vs. Digital: Is This Bush's Distinction?"
"Judge Resigns from FISA Court in Bush Protest"
"Bush and Executive Activism"
"ACLU Files FOIA Request Over Warrantless Surveillance and Searches"
"Clinton and Warrantless Electronic Surveillance"
"John Yoo: Why the President Can Order Snooping and Torture"
"White House Pressured WaPo Not to Run Article
"FISA Warrants Increased Steadily Since 9/11"
"Defendants Plan Suits Over NSA Surveillance"
"ACLU Calls for Special Counsel to Investigate NSA Warrantless Surveillance"
"Justice Dept. to Investigate Leakers, Not Warrantless Surveillance?"
"NYT: Aschcroft Asked to Okay NSA Surveillance Order from Hospital Bed"
"Newsweek: Aschroft Refused Extension of Warrantless Eavesdropping"
"Bob Barr: Presidential Snooping Damages the Nation"
"NSA Surveillance: Packet-Sniffing vs. Data Mining"
"FISA Court Wants Answers"
"NSA Whistleblower Seeks to Testify Re: Surveillance"
"Congressional Report Doubts Legality of NSA Warrantless Surveillance" (Saturday, January 7, 2006)
"NSA Warrantless Surveillance Hearings Set for Jan. 20"
"Two Lawsuits Filed Today Over NSA Surveillance"
"Second Report Says Bush Warrantless Surveillance Illegal"
"Justice Dept. to Declare Warrantless NSA Surveillance Was Legal"
"Congressional Options for NSA Warrantless Surveillance"
"Feingold on Bush's NSA Data Mining Activities"
"Transcript of Last Week's Hearing on Warrantless NSA Surveillance"
"Democrats Should Think Twice Before Agreeing to Amend FISA"
"Gonzales: Footnote Suggests Bush Doesn't Really Need Patriot Act"
"Justice Dept. Lays Out New Defense of Warrantless NSA Program"
"Discarded 'Patriot Act II' Undermines Bush's Claims on NSA Surveillance"
"NSA Electronic Data Surveillance: Doomed From the Start"
"Putting the Lie to Bush's Warrantless Surveillance Program"
"The Myths of Bush's Warrantless NSA Surveillance Program"
"NSA Surveillance Hearing Update"
"Report: Rove Threatens Senators With Blacklist"
"Feingold Floor Statement Today on NSA Surveillance Program"
"Sensenbrenner Issues NSA Questions to Gonzales"
"FISA Chief Judges Concerned About NSA Surveillance"
"Poll: Most Americans Reject Spying"
"Specter Introduces Misleading NSA Surveillance Bill"
"NYT Sues Defense Dept. Over NSA Surveillance Documents"
"Gonzales Backtracks on Senate NSA Surveillance Testimony"
"NSA Conducting Massive Data Collecting of Americans' Phonecalls"
"Justice's OPR Ends Warrantless Spying Inquiry"
"Reactions to NSA Phone Record Spying"
"72 Congressmen File Amicus Brief Challenging NSA Warrantless Surveillance"
"NSA Phone Record Program: More Than Meets the Eye"
"Did Gonzales Mislead Congress on NSA Surveillance Program?"
"Bush: We're Not Trolling Your Privacy"
"NSA Warrantless Surveillance Case in Court Today"

Talking Points Memo posts on this story:

December 16, 2005 #1
December 16, 2005 #2
December 16, 2005 #3
December 17, 2005 #1
December 17, 2005 #2
December 17, 2005 #3
December 17, 2005 #4
December 17, 2005 #5 (statistics on the FISA court)
December 18, 2005 #1
December 19, 2005 #1
December 19, 2005 #2
December 19, 2005 #3
December 19, 2005 #4
December 19, 2005 #5
December 20, 2005 #1
December 20, 2005 #2
December 20, 2005 #3
December 20, 2005 #4
December 20, 2005 #5
December 20, 2005 #6
February 16 #1
February 16, 2006 #2
May 11, 2006 #1
May 11, 2006 #2
May 11, 2006 #3

Concurring Opinions posts on this story:

"President Bush, the National Security Agency, and Surveillance"
"Did Bush Have the Legal Authority to Authorize NSA Surveillance?"
"A Secret Defense Department Database of Protesters"
"How Much Government Secrecy Is Really Necessary?"
"Beyond His Power: Bush's Authorization of Warrantless NSA Surveillance"
"NSA Surveillance: Blog Post Roundup" (Compilation of Links)
"What Else?"
"NSA Surveillance: Blog Post Roundup II" (Compilation of Links)
"Federal Judge Resigns from the FISA Court"
"Hypothetical: What if President Bush Were Correct About His Surveillance Powers?"
"Judge Posner's Troubling Call for Massive Surveillance"
"NSA Surveillance: Blog Post Roundup II" (UPDATED Compilation of Links)
"The President's Inherent Authority Argument"
"More on NSA Surveillance" (UPDATED Compilation of Links)
"Whistleblowing, Journalist Privilege, and NSA Surveillance"
"NSA Surveillance Whistleblower Russel Tice Speaks"
"Making Sense of Public Attitudes Toward NSA Surveillance"
"Gonzales' Tortured Logic on NSA Surveillance"
"The Implication of Specter's FISA Argument"
"Electronic Surveillance Statistics for 2005"
"The NSA's Phone Call Database"
"The Technicalities and Complexities of Electronic Surveillance Law"
"The NSA Bill in the Mainstream Media vs. the Blogosphere" **NEW**
"Jack Balkin on the NSA Bill" **NEW**
"Wiretap Update, Now With Briefs" **NEW**

The Legal Reader posts on this story:

"Bush Lets U.S. Spy on Callers Without Courts"
"Behind Power, One Principle as Bush Pushes Prerogatives"
"On Hill, Anger and Calls for Hearings Greet News of Stateside Surveillance"
"Surveillance Court is Seeking Answers"

Prawfs Blawg posts on this story:

"No, Mom, the Government Isn't Listenin--Umm, I'll Have To Get Back To You"
"If They Knew This is What They Were Doing, They Wouldn't Have Done It"
"The Inherent Power Debate"
"Why the Democrats Won't Win on Snoopgate"
"Does Anyone Else Find This Ironic?"
"The FISA Rubber Stamp(?)"
"Are You Certain About That, Mister President?"
"Inconsistency, Legal Argument, and the War on Terror"
"Ah, So That's Why it Matters"
"It's Official, Snoopgate is Now a DOJ File"
"The NSA Wiretapping Controversy and Statutory Interpretation Guidelines"
"The Specter Bill, the TSP, and the FISA Court: Some Thoughts" **NEW**

Volokh Conspiracy posts on this story:

"Domestic Surveillance By the NSA?:"
"Coming Soon to a VC Near You"
"Legal Analysis of the NSA Domestic Surveillance Program"
"Link to Radio Show on NSA Surveillance"
"A Few Additional Thoughts on NSA Surveillance"
"Specter Wants Hearings on NSA Surveillance"
"FISA Court Judges to Be Briefed on NSA Program"
"No Monarchy Here"
"The NSA Surveillance Program and the Article II Argument"
"Comey Tried to Limit NSA Surveillance Program"
"NSA Expanded Surveillance On Its Own -- But Connections to Later Program Doubtful"
"New Risen Book Sheds Light on NSA Surveillance Program"
"Data-Mining, FISA, and the NSA Surveillance Program"
"GW Law Panel on NSA Surveillance Program"
"Congressional Research Service Report on NSA Surveillance" (Saturday, January 7, 2006)
"NSA Chief on Legal Issues"
"CNN Poll on NSA Surveillance Program"
"More on NSA Surveillance Program"
"More Clues on the NSA Surveillance Program"
"The Effectiveness of the NSA Surveillance Program"
"DOJ Brief on NSA Surveillance Program"
"The NSA Surveillance Program and Judicial Review"
"Bush Visits NSA"
"FISA and the DeWine Amendment"
"The GOP Congress and the NSA Surveillance Program"
"The FISA Court and the NSA Surveillance Program"
"Special Needs and the NSA Surveillance Program"
"Another NSA Program?"
"Judge Orders DOJ to Expedite Release of DOJ Documents"
"George Will on NSA Surveillance Program"
"David Kris on NSA Surveillance Program"
"More Details On the NSA Surveillance Program"
"Thoughts on the Legality of the Latest NSA Surveillance Program"
"More Thoughts on the Legality of the NSA Call Records Program"

U.Chicago Law Faculty Blog posts on this story:

"Presidential Wiretaps" (Cass Sunstein)
"King George's Constitution" (Geoffrey Stone)
"Presidential Wiretapping: Disaggregating the Issues" (Cass Sunstein)
"The President's Inherent Authority" (Cass Sunstein)
"Bush's Spy Program and the Fourth Amendment" (Geoffrey Stone)
"Bush's Spy Program and FISA" (Geoffrey Stone)
"NSA Surveillance: Why Should We Care?" (Geoffrey Stone)

How Appealing posts on this story:

December 20, 2005 (Links to NPR pieces on this story)
December 21, 2005
January 31, 2006
February 6, 2006
February 7, 2006
February 9, 2006
March 29, 2006
July 11, 2006 **NEW**
July 13, 2006 **NEW**

Is That Legal? posts on this story:

"Legality Is, Like, So September 10th"
"Another Lie From Dick Cheney"
"Lawless. Like I Said."
"Known Links to Al Qaeda: An Historical Perspective"

Balkinization posts on this story:

"Domestic Spying"
"The Constitution: A Safe Haven for Terrorists"
"Which Is It, Mr. President?"
"Definition of Audacity"
"Another Reason Why the AUMF Argument is Wrong, and Why This Surveillance Program is Lawless"
"Judge Posner and 'Ad Hoc Initiatives'"
"Why They Didn't Simply Go To The FISA Court -- Because That Court Will Not Approve Illegal Surveillance"
"Inherent Authority to Violate Federal Law?"
"Data Storage and the Fourth Amendment"
"If You're Going to Read Only One Thing About the NSA Spying Program"
"NSA Euphemism Watch Part 2"
"Prosecutorial Discretion"
"Analysis of Legality of Secret NSA Warrantless Electronic Surveillance Program"
"What Can Be Done About the NSA Dispute?"
"The (Il)legality of the NSA Phone-Records-Interception Program"

American Constitution Society posts on this story:

"Geoffrey Stone: King George's Constitution"
"Is the 'President's Program' Data Mining?"
"Judge Robertson Reported to Resign in Protest from FISA Court"
"Marty Lederman on Judge Posner's Op-ed"
"Guest Blogger Joseph Onek on Domestic Survillance"
"Former Rep. Bob Barr on Wiretapping"
"DOJ Probing Leak of Wiretapping Info."
"Scholars and Former Officials Analyze Legality of NSA Warrantless Surveillance Program"
"Domestic Spying and the Fourth Amendment on Shaky Ground"
"Posner on Wiretapping"
"Gonzales on Warrantless Surveillance"
"Senate Not Thrilled by Eavesdropping Defense"
"Bush Administration Ordered to Comoply with FOIA Request"
"Friday News Roundup"
"To Blow or Not to Blow: Deep Throat to NSA Wiretaps -- The Role of Whistleblowers"
Lederman, Kerr and Greenwald on the NSA Database Program"
"Guest Blogger: NSA Again Violates the Law"
"Hamdan's Effect on NSA Spying Program"
"NSA Domestic Surveillance Suit Moves Forward" **NEW**
"Specter's FISA Foolishness" **NEW**
"Professors Cole and Lederman -- Framing the Debate" **NEW**

Federalist Society posts on this story:

"Domestic Surveillance Discussion"

Althouse posts on this story:

"About those wiretaps and the constitutional separation of powers."
"Some Judges Say Is They Feel They've Participated in a Potemkin Court."
"The Case Against A Lot of These Guys Just Came Out of Nowhere Because They Were Really Nobodies."
"Let Congress Amend the Surveillance Laws to Support Data-Mining."
"NYT Public Editor Calls NYT Explanation of its Decision to Report on the NSA Link 'Woefully Inadequate'."
"Defending the NSA Surveillance Program."
"What is this seeming compromise on the NSA Surveillance Program?"

Cold Fury posts on this story:

"Much Ado About Nothing
"Update on FISA Question
"FISA, Reductio ad Absurdum"

Orin Kerr posts on this story:

"Thoughts on the Legality of the Latest NSA Surveillance Program" (Orin Kerr)
"More Thoughts on the Legality of the NSA Call Records Program" (Orin Kerr)
"Civil Liability and the NSA Call Records Program" (Orin Kerr)
"Articles on Internet and Telephone Surveillance Law" (Orin Kerr)
"New Facts Suggest A Possible Reason Why the Phone Companies May Not Be Liable for the NSA Call Records Program"
"Apparent Agreement on NSA Program Authorizes Program, Makes Judicial Review Optional"
"Article III Standing and the Proposed NSA Surveillance Program Legislation"
"Specter NSA Surveillance Text Posted"
"Latest Specter Bill on NSA Surveillance Programs" **NEW**
"The Specter Bill's Changes to the Basic Definitions of FISA" **NEW**

Other Blog Posts on this story:

"Wiretaps, AUMF and Bush's Comments Today" (Juliette Kayyem - TPM Cafe)
"Why the NSA Wiretapping is Illegal" (Peter Swire - SwireBlog)
"Declaring War and Executive Power" (Seth Weinberger - OpiniJuris)
"Government Secrecy and Wiretaps" (Adam Shostack - EmegentChaos)
"Red Alert: Chicken Littles On the Loose" (Michelle Malkin)
"Presidential Authority, A Lament" (Will Baude - Crescat Sententia)
"Foreign Policy Rant of the Day" (Stephen Bainbridge - ProfessorBainbridge.com)
"Judge Damon J. Keith: No Warrantless Wiretaps of Citizens" (Spencer Overton - Blackprof.com)
"It's Not the Crime; It's the Rationale" (Ryan Singel - Secondary Screening)
"The First Wheel Comes Off" (Michael Froomkin - Discourse.net)
"Analysis: Collision Course on 'Inherent Power'?" (Lyle Denniston - SCOTUSblog)
"Bush's Illegal Spying" (David Cole - Salon)
"NSA and Bush's Illegal Eavesdropping" (Bruce Schneier - Schneier on Security)
"Gonzales on the NSA Surveillance" (Anthony Arend - Georgetown Int'l Law Blog)
"License to Spy" (Aziz Huq - TomPaine.com)
"Practical Domestic Surveillance and Wiretapping Primer" (Dennis Kennedy - Between Lawyers)
"A Little Bit of Monarchy" (Armando -- Daily Kos)
"The Long Memories of the Blogosphere" (Jane Hamsher -- Firedoglake)
"Blue in the Face" (Gary Farber -- Amygdala) (With Links to multiple prior posts by same author)
"The Risen Book: Is That All There Is? Afraid Not." (Armando -- Daily Kos)
"Time to Think the Unthinkable" (Michael Froomkin -- Discourse)
"NBC Confirms It's Investigating Whether Bush Spied on CNN's Christiane Amanpour" (John Aravosis -- AmericaBlog)"Exploring Equiveillance" (Ian Kerr -- blog*on*nymity) (Surveillance Discussion)
"Can You Say Illegal?" (Firedoglake)
"Tapped Out" (Firedoglake)
"Under Clinton, NY Times Called Surveillance 'A Necessity'" (The American Thinker)
"Game. Set." (The World According to Pooh)
Firedoglake: Liveblogging NSA Hearings, Parts I-V
"President Bush: On April 20, 2004, States Must Get 'A Court Order' Before Wiretapping" (Washington Note)
"Why the President's Defense of Executive Power to Wiretap Without Warrants Can't Succeed in the Strict Constructionist Court He Wants" (Findlaw Commentary )
"Analysis: Spying, and the Role of the FISA Court" (SCOTUS Blog)
"Early Ruling on Spying?" (SCOTUS Blog)
"New Proposal on NSA Surveillance" (SCOTUS Blog)
"Can We Call it a Dictatorship Yet?" (Firedoglake)
"Are They Listening?" (Firedoglake)

More "Main-stream" Media links on this story:

NY Times, December 15, 2005 ("Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say")
NY Times, December 17, 2005 ("This Call May Be Monitored ...")
NY Times, December 18, 2005 ("Behind Power, One Principle as Bush Pushes Prerogatives")
LA Times, December 18, 2005 ("Bigger brother")
CNN.com, December 17, 2005 ("Bush Says He Signed NSA Wiretap Order")
CNN.com, December 19, 2005 ("Democrats Call for Investigation of NSA Wiretaps")
CNN.com, December 19, 2005 ("Gonzales: Post 9/11 Act Allowed Secret Wiretaps")
CNN.com, December 19, 2005 ("Bush: Secret Wiretaps Will Continue")
Reuters, December 19, 2005 ("Bush Says Spying Leak Shameful")
Washington Post, December 20, 2005 ("Bush Addresses Uproar Over Spying")
Washington Post, December 20, 2005 ("White House Elaborates on Authority for Eavesdropping")
NY Times, December 20, 2005 ("Administration Cites War Vote in Spying Case")
USA Today, December 20, 2005 ("Bush to Continue Domestic Spying")
USA Today, December 20, 2005 ("Gonzales, General Lay out Defense for Spying")
Boston Globe, December 20, 2005 ("Bush Bypassed Compliant Court on Wiretapping")
NY Times, December 20, 2005 ("Spying Program Snared U.S. Calls")
Washington Post, December 21, 2005 ("Spy Court Judge Quits in Protest")
NY Times, December 21, 2005 ("Briefings Failed to Meet Legal Test, Lawmakers Say")
USA Today, December 21, 2005 ("Bush's Defense of Domestic Spying Meets Skepticism")
LA Times, December 21, 2005 ("Officials Fault Case Bush Cited")
CNN.com, December 21, 2005 ("Report: Spy Court Judge Quits in Protest")
CNN.com, December 21, 2005 ("Bipartisan Call for Wiretapping Probe")
Fox News, December 21, 2005 ("Surveillance Court Judge Resigns")
Fox News, December 21, 2005 ("Debate Rages Over Legality of NSA Wiretap Program")
Knight Ridder, December 21, 2005 ("Judge Who Resigned from Spy Court Critical of Detainees' Treatment")
Washington Post, December 21, 2005 ("Our Domestic Intelligence Crisis") (Posner Op-ed)
Washington Post, December 22, 2005 ("Judges on Surveillance Court to be Breifed on Spy Program")
Washinton Times, December 22, 2005 ("'Warrantless' Searches Not Unprecedented")
USA Today, December 22, 2005 ("Judge's Resignation Adds to Spying Furor")
Yahoo!, December 23, 2005 ("Alito Defended Officials from Wiretapping Suits")
Washington Post, December 23, 2005 ("Power We Didn't Grant" -- Senator Tom Daschle)
New York Times, December 23, 2005 ("Little Help from Justices on Spy Program")
New York Times, December 28, 2005 ("Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts")
Weekly Standard ("Constitutional Spying") (hat tip: PrawfsBlawg)
"USA Today, December 28, 2005 ("War-Powers Debate on Front Burner")
Wall Street Journal, December 28, 2005 ("FISA vs. Constitution")
New York Times, December 30, 2005 ("Justice Dept. Opens Investigation")
Fox News, December 30, 2005 ("Justice Dept. Opens NSA Leak Probe")
New York Times, December 31, 2005 ("Criminal Inquiry Opens Into Spying Leak")
Washington Post, December 31, 2005 ("Justice Dept. Investigating Leak of NSA Wiretapping")
LA Times, December 31, 2005 ("Leak in Domestic Spy Program Investigated")
Reuters, January 1, 2006 ("Top Bush Officials Should Testify on NSA: Democrat")
Fox News, January 2, 2006 ("Schumer Wants to Know Motivation Behind NSA Leak")
Time, January 3, 2006 ("Presidential Snooping Damages the Nation")
NY Times, January 4, 2006 ("Files Say Agency Initiated Growth of Spying Effort")
Washington Post, January 4, 2006 ("Secret Surveillance May Have Occurred Before Authorization")
NY Times, January 4, 2006 ("On the Subject of Leaks")
Washington Post, January 5, 2006 ("Surveillance Court is Seeking Answers")
Washington Times, January 5, 2006 ("NSA Whistleblower Asks to Testify")
ABC News, January 10, 2006 ("NSA Whistleblower Alleges Illegal Spying")
Washington Post, January 11, 2006 ("Probe Set in NSA Bugging")
NY Times, January 11, 2006 ("NSA Audit of Spying Is Not Assessing Legality")
Washington Post, January 11, 2006 ("Bush Again Defends Wiretapping Program")
NYTimes, January 12, 2006 ("In Shift, Bush Says He Welcomes Inquiry on Secret Wiretaps")
USA Today, January 12, 2006 ("Investigate Surveillance, But Be Careful, Bush Says")
NY Times, Janaury 16, 2006 ("Specter Vows a Close Look at Spy Program")
Washington Times, January 16, 2006 ("Specter Vows to Look 'Closely' at Wiretaps")
AP (via Findlaw), January 16, 2006 ("Gore Raps Bush for Surveillance Program; Urges Investigation")
CNN.com, January 17, 2006 ("ACLU Sues Over NSA Eavesdropping Program")
NY Times, January 17, 2006 ("Spy Agency Data After Sept. 11 Led F.B.I. to Dead Ends")
Washington Post, January 19, 2006 ("Congressional Agency Questions Legality of Wiretaps")
AP, January 22, 2006, via Findlaw ("Terror Threat Won't Deter Questions on Spy Program, Lawmakers Say")
AP, January 23, 2006, via Findlaw("Bush Says He Was Within the Law in Authorizing Spy Program")
NY Times, January 23, 2006 ("White House Begins New Effort to Defend Surveillance Program")
Washington Post, January 24, 2006 ("Campaign To Justify Spying Intensifies")
CBS, January 24, 2006 ("Gonzales Says Criticism of NSA Misleading")
AP, via Yahoo!, January 24, 2006 ("Gonzales Seeks to Reframe NSA Surveillance")
Boston Globe, January 25, 2006 ("AG's Memo Raises Questions on Patriot Act")
AP, via Breitbart, January 25, 2006 ("President Bush Gives Pep Talk to NSA")
AP, via Breitbart, January 25, 2006 ("Sen. Clinton Blasts Bush on Eavesdropping")
New Republic, January 26, 2006 ("What if Wiretapping Works?" -- Posner)
Baltimore Sun, January 29, 2006 ("System Error")
LA Times, February 6, 2006 ("The Power of the President")
Washington Times, February 6, 2006 ("Specter Says Bush Lacks Authority to Eavesdrop")
USA Today, February 6, 2006 ("Necessary and Legal" -- OpEd)
WSJ.com, February 6, 2006 ("America Expects Surveillance" -- OpEd by Alberto Gonzales)
Washington Post, February 16, 2006 ("No Checks, Many Imbalances" -- OpEd by George Will)
AP, February 27, 2006 ("NY Times Sues Department of Defense For Eavesdrop Documents")
Washington Post, March 1, 2006 ("Gonzales Seeks to Clarify Testimony on Spying")
AP, March 16, 2006 ("GOP Senators Introduce Eavesdropping Bill")
Washington Post, May 2, 2006 ("FBI Sought Data on Thousands in '05")
New York Times, May 11, 2006 ("With Access Denied, Justice Department Drops Investigation")
USA Today, May 11, 2006 ("NSA Has Massive Database of Americans' Phone Calls")
New York Times, May 11, 2006 ("Bush Says U.S. Spying is Not Widespread")
Washington Post, May 11, 2006 ("NSA Call-Tracking Program Sparks Alarm on Hill")
LA Times, May 11, 2006 ("Report of NSA Phone Database Ignites Furor")
AP, May 11, 2006 ("NSA Building Giant Database of Americans' Phone Calls, Newspaper Says")
Washington Post, June 12, 2006 ("Domestic Surveillance Goes to Court")
Detroit News, June 12, 2006 ("U.S. Government: Defending Wiretapping Would Expose State Secrets")
NY Times, June 13, 2006 ("Arguments on Spy Program are Heard by Federal Judge")
Detroit News, July 11, 2006 ("Feds, Civil Libertarians Square Off")
Detroit Free Press, July 11, 2006 ("ACLU Says U.S. Spying Has Harmed Its Clients")
LA Times, July 11, 2006 ("Domestic Spying Program Faces First Challenges")
McClatchy News, July 13, 2006 ("Bush Agrees to Have Domestic Eavesdropping Program Reviewed")
NY Times, July 14, 2006 ("Bush Would Let Secret Court Sift Wiretap Process")
WSJ, July 26, 2006 ("White House Sticks to Wiretap Argument") **NEW**

"Quicker Hits" on this story:

Either End of the Curve (December 16, 2005)
The World According to Pooh (December 18, 2005)
Battlepanda (December 20, 2005)
Battlepanda (December 22, 2005)
The World According to Pooh (December 24, 2005)
Josh's Weblog (December 27, 2005)
Battlepanda (December 28, 2005)

"Sarcasm" on this story:

Scrappleface: "Bush Apologizes for Phone Taps After 9/11
Scrappleface: "Bush Announces Do-Not-Wiretap List"
Scrappleface: "Qaeda Relocates to U.S. for Spy-Free Calling"
Scrappleface: "Daschle Didn't Grant Bush Constitutional Powers"
Scrappleface: "NSA Not Spying on Schumer Despite Recent Remarks"
Concurring Opinions: A Translation of Gonzales's Answers
NSA Surveillance Song" **NEW**

President Bush, the NSA, and post 9/11 Surveillance.

A story that broke last week but, as far as I've heard, so far hasn't gathered as much steam as I would have expected:

The New York Times ran a story last Thursday (December 15) about how "President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials." According to the article:

Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.

Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.

The previously undisclosed decision to permit some eavesdropping inside the country without court approval represents a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.

"This is really a sea change," said a former senior official who specializes in national security law. "It's almost a mainstay of this country that the N.S.A. only does foreign searches."

Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation's legality and oversight.

According to those officials and others, reservations about aspects of the program have also been expressed by Senator John D. Rockefeller IV, the West Virginia Democrat who is the vice chairman of the Senate Intelligence Committee, and a judge presiding over a secret court that oversees intelligence matters. Some of the questions about the agency's new powers led the administration to temporarily suspend the operation last year and impose more restrictions, the officials said.

The Bush administration views the operation as necessary so that the agency can move quickly to monitor communications that may disclose threats to this country, the officials said. Defenders of the program say it has been a critical tool in helping disrupt terrorist plots and prevent attacks inside the United States.

Administration officials are confident that existing safeguards are sufficient to protect the privacy and civil liberties of Americans, the officials say. In some cases, they said, the Justice Department eventually seeks warrants if it wants to expand the eavesdropping to include communications confined within the United States. The officials said the administration had briefed Congressional leaders about the program and notified the judge in charge of the Foreign Intelligence Surveillance Court, the secret Washington court that deals with national security issues.

The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted.

Daniel Solove, over at Concurring Opinions posted an article commenting on this on Friday. That was followed up by a post by Orin Kerr over at Volokh Conspiracy and a post by Steve Vladeck over at Prawfs Blawg, which questioned the Times for waiting a year to break this story. Solove followed up yesterday.

Additional thoughts on this topic were posted over at Talking Points Memo (in a series of posts over the last couple of days), over at Talk Left with this post, this post, and this post, and also over at The Legal Reader with this post and this post. Scrappleface had a take on this story, too.

Finally, the topic was at least mentioned by reader_iam over at Either End of the Curve in this post.