Several folks are writing about the assertion that the White House’s end-run around judicial oversight of wiretaps was mitigated by inefficiencies or obstructionism with FISA. (E.g., Daily Kos and Captain’s Quarters)
This leads me to feel a need to repeat and expand upon some thoughts I’ve issued previously:
- Breaking the law is a bad thing, particularly when you’re in charge of the country.
- If you need new authority that is not currently granted in the law, get a new law passed. This is, after all, what the Patriot Act sought to do — grant new tools to address the way of the world immediately after 9/11, with time limitations in order to provide a mechanism/means to clean up any messes made with the hasty legislation.
- If the entity overseeing your actions isn’t able to handle with the increased workload resulting from an emergency, increase the resources available to it. If you need more judges for FISA, appoint them! Presidents can appoint judges, after all.