September 19, 2006

ORIN KERR:

Is the Specter bill a good idea as a matter of policy?

I haven’t blogged on this question before, mostly because I find the question essentially impossible to answer. Almost no one knows what the facts of the NSA program are, what it does, and whether and how much it works, so I don’t know how we’re supposed to know whether it’s a good idea for Congress to endorse it legislatively. It’s like me telling you, “I’m thinking of a government program. Do you want to allow it or prohibit it?”

Lots of people could answer that question, if you just told them whether Bush was for it or against it. . . .

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