Balkinization  

Wednesday, January 25, 2006

The Iraqi Constitution is looking better all the time

JB

My friend Sandy Levinson has pointed out that under the new Iraqi Constitution passed with the blessing of the Bush Administration, the NSA spying program would be unconstitutional. Article 38 provides:
The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision.

Well, it looks like we are bringing freedom to Iraq. Now if we could only get some of that freedom here in the United States.

Comments:

A classic case of "do as we say, not as we do"?
 

This comment has been removed by a blog administrator.
 

What a great find. This one ought to make the rounds!
 

Surely the "security necessity" would be the justification cited by the current administration. For all the pointed comments about parsing language during the Clinton years, this group in power could teach Clinton lessons.
 

Better than Saddm regime .. hopefully



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Are these clauses meant to be additive: the surveillance has to be a legal necessity and a security necessity and judicially authorized? There can't be much surveillance that passes that test because legal action against serious security threats (Bin Laden, say) usually isn't feasible, whereas legal threats (the Mafia, say) aren't usually true threats to national security. Or are they alternatives?

Well, let's not bother with careful analysis when Bush-bashing is possible.
 

Better than Saddm regime? Who knows...

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