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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.
Benjamin Wittes -
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.
Benjamin Wittes
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I normally try to ignore presidential tweets.
Benjamin Wittes -
It is possible for great nations to rot from within.
Benjamin Wittes -
I'm a rationalist and a skeptic, someone who safely separates faith from reason.
Benjamin Wittes -
I was much less offended than others were by the CIA's interrogations in the years after September 11.
Benjamin Wittes -
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.
Benjamin Wittes -
June 10, 2002, the day John Ashcroft announced the arrest of Jose Padilla, marked a low point in Ashcroft's career as Attorney General.
Benjamin Wittes
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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.
Benjamin Wittes -
The nature of constitutional delegations of power is that they entitle the empowered official to do certain things that other people can't do.
Benjamin Wittes -
National security is not just things that go boom. It is not just terrorists and foreign adversaries.
Benjamin Wittes -
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.
Benjamin Wittes -
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.
Benjamin Wittes -
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.'
Benjamin Wittes
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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.
Benjamin Wittes -
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.
Benjamin Wittes -
I don't doubt that there are many presidential acts that would constitute obstructions of justice if anyone but the president engaged in them but which constitute legitimate exercises of presidential power when the president engages in them.
Benjamin Wittes -
Recommended additon to the Consumer Privacy Bill of Rights: "A right to not have your data rise up and attack you."
Benjamin Wittes -
If you believe, as I do, that the scope and range of presidential authority is great, that puts a lot of weight on the civic virtue and decency of the individual who holds the office.
Benjamin Wittes -
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.
Benjamin Wittes
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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.
Benjamin Wittes -
I have fiercely criticized both the Bush administration's counterterrorism policies and the Obama administration's - and fiercely defended both as well.
Benjamin Wittes -
Al-Qaida is a cult of martyrdom.
Benjamin Wittes -
In 1999 and 2000, when I was a young editorial writer at the 'Post', the 'Post' won the public service medal two years running.
Benjamin Wittes