Law

This blog will take an in-depth look at the legal system in America to help gain clarity on various legal issues that impact our lives.

Wednesday, December 3, 2008

In Courtroom Showdown, Bush Demands Amnesty for Spying Telecoms

The showdown continues with the amnesty for spying telecoms:

http://blog.wired.com/27bstroke6/2008/12/feds-eff-arguin.html


"Is there any precedent for this type of enactment that is analogous in all of these respects: retroactivity; immunity for constitutional violations; and delegation of broad discretion to the executive branch to determine whether to invoke the provision?," the judge asked.

Carl Tobias, a professor at the University of Richmond School of Law, says the immunity legislation, if upheld, "makes it possible to extend immunity to other areas of the law."

In other words, the professor and judge are basically saying the if this law is upheld then by setting this precedent the President and Congress can make anyone or anything above the law.

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