Hayden nomination: Brilliant or stupid?

[mburbank]

Yeah, but Kultys question (such as it was) was "What's illegal about it?" not "Who cares?"

My question to you was, are you aware of any serious legal scholars arguing that bypassing FISA if the President says it's okay is legal.

I've heard Gonzales say it is, but every opinion I've read on Gonzales arguments (The President has the executive authorty to bypass not just this law, but laws in general, during wartime, and even if he didn't congress authprized him to bypass the law with thier 'use of force resolution' and even if that was not the resolutions intent and congress never knew they'd done it, they did it anyway) Is at best flimsy as hell and at worst transparently wrong. I honestly haven't seen anyone who writes about the law (as opposed to just writting bout political stuff) say this argument holds any water at all.

It's only 'debatable' in that congress controls what will and will not be debated.