Benjamin Wittes Quotes
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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.
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I normally try to ignore presidential tweets.
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I'm a rationalist and a skeptic, someone who safely separates faith from reason.
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I was much less offended than others were by the CIA's interrogations in the years after September 11.
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It is possible for great nations to rot from within.
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One effect of Roe was to mobilize a permanent constituency for criminalizing abortion - a constituency that has driven much of the southern realignment toward conservatism.
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Full disclosure: James Comey is a friend. I won't pretend to neutrality about him. He is a highly honorable and decent person, and I have no doubt that he made the many judgments for which people loathe him in good faith.
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June 10, 2002, the day John Ashcroft announced the arrest of Jose Padilla, marked a low point in Ashcroft's career as Attorney General.
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Political as well as religious cults can be distinguished from legitimate organizations by their use of doublethink. Though political cults espouse extremist ideologies, not extremist theologies, operationally they are virtually identical to religious cults, and they also go to great lengths to control the vocabularies of their members.
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It might seem perverse for honestly religious people to group their faiths with those of the sadists and megalomaniacs who run most cults, but a growing number are doing just that.
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The foundations of modern civil-rights law are exceptionally secure. Conservative judges nibble around the edges sometimes, and people still debate the constitutionality of affirmative-action programs. But almost no one seriously argues about the basic meaning or legitimacy of core civil-rights protections.
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Trump fired Jim Comey because the most dangerous thing in the world, if you are Donald Trump, is a person who tells the truth, is dogged, you can't control, and who is as committed as Comey is to the institutional independence of an organization that has the power to investigate you.
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The nature of the job of attorney general has changed - irrevocably. And we should never again have an attorney general, of either party, capable of expressing surprise at the role that national security issues now play in the life of the Justice Department or in the role of its chief.
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The nature of constitutional delegations of power is that they entitle the empowered official to do certain things that other people can't do.
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National security is not just things that go boom. It is not just terrorists and foreign adversaries.
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We should never again have an attorney general capable of saying virtually nothing as the law of major intelligence programs and the integrity of his department's work in overseeing these programs are assailed over a protracted period of time.
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The quickest way to detect a cult is to sniff for doublethink. The cult seeks control over its membership not by providing a coherent theological system but by providing the opposite: an unstable theology infinitely malleable to the needs of the cult's top echelon and uninterpretable at all times to anyone below that level.
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The core constituency that Republicans must satisfy in high court nominations is the party's social conservative base, which fundamentally cares about issues, not diversity, and has accepted white men who practice the judging it admires.
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In any long string of letters, one can find countless anomalies that will seem like convincing proofs of hidden meaning to the mind that wants to believe that the text is somehow special. Numerological tricks, for example, can demonstrate that William Shakespeare wrote the 'King James Bible.'
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Recommended additon to the Consumer Privacy Bill of Rights: "A right to not have your data rise up and attack you."
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How exactly the obstruction-of-justice statutes interact with the president's broad powers to supervise the executive branch under Article II of the Constitution is a genuinely difficult question.
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Al-Qaida is a cult of martyrdom.
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I have fiercely criticized both the Bush administration's counterterrorism policies and the Obama administration's - and fiercely defended both as well.
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Secret courts require great faith that the Justice Department - and future Justice Departments - will act with integrity.