David Kris on NSA Surveillance Program:
David Kris, who served as Associate Deputy Attorney General at DOJ from 2000 to 2003 and was one of DOJ's top national security lawyers, has written a 23-page response to the 42-page DOJ memo on the NSA program. Kris, who is now in the private sector, is a terrific lawyer with a very deep knowledge of this area. His memo is (unsurprisingly) very strong. While Kris does not reach a definitive conclusion, the basic thrust of the memo is that the Administration's legal arguments aren't very good.
For more on this, see Marty Lederman's post today at Balkinization.
For more on this, see Marty Lederman's post today at Balkinization.