The reason the FISA standard is constitutional is that the government is supposed to use FISA surveillance not for criminal investigations but for counterintelligence probes pursued under the president's authority to conduct foreign policy. — Benjamin Wittes Copy Share Image
Reasonable people can disagree about the authorities the NSA should have, when it's appropriate for the CIA to use drone strikes, and how assertive… — Benjamin Wittes Copy Share
I'm a rationalist and a skeptic, someone who safely separates faith from reason. — Benjamin Wittes Copy Share
I'm an unabashed apologist for strong national-security authority. That's why I might be more alarmed by Trump. — Benjamin Wittes Copy Share
If you believe, as I do, that the scope and range of presidential authority is great, that puts a lot of weight on the… — Benjamin Wittes Copy Share
In any long string of letters, one can find countless anomalies that will seem like convincing proofs of hidden meaning to the mind that… — Benjamin Wittes Copy Share
To get a FISA warrant to spy on a suspected spy, the feds go before a super-secret court located in a sealed room in… — Benjamin Wittes Copy Share
One effect of Roe was to mobilize a permanent constituency for criminalizing abortion - a constituency that has driven much of the southern realignment… — Benjamin Wittes Copy Share
There is no doubt in my mind that Article II limits to a considerable degree the application of the obstruction statutes to the president… — Benjamin Wittes Copy Share
It might seem perverse for honestly religious people to group their faiths with those of the sadists and megalomaniacs who run most cults, but… — Benjamin Wittes Copy Share
While I oppose the death penalty as a policy matter, in a legal culture in which we reserve the right to execute people for… — Benjamin Wittes Copy Share
We should stop thinking of Snowden, to the extent that we ever were, as a hero. We should stop thinking of him as a… — Benjamin Wittes Copy Share
Trump fired Jim Comey because the most dangerous thing in the world, if you are Donald Trump, is a person who tells the truth,… — Benjamin Wittes Copy Share