In reality, the dispute over the NSA program is a battle between the political branches over a political question about a political power: who controls the use of surveillance, Congress or the president?
Worse than this, McCarthy said it was debatable whether or not the original 1978 FISA law should've be enacted in the first place. I don't see that protecting the rights of American citizens, in this case the 4th Amendment, can be debatable. Did he forget all the evidence we have about past government abuses? Is he satisfied that a mere NSA shift supervisor will be allowed to make the determining judgment about legality?
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