Re: [privacy] Citing Four-Day Old Surveillance Law, Bush Seeks Dismissal of Lawsuit Challenging NSA Spying

[Valdis.Kletnieks () vt edu]

On Thu, 09 Aug 2007 16:55:29 CDT, Brian Loe said:
> On 8/9/07, der Mouse <mouse () rodents montreal qc ca> wrote:
> > > Four days after President Bush signed controversial legislation
> > > legalizing some warrantless surveillance of Americans, the
> > > administration is citing the law in a surprise motion today urging a
> > > federal judge to dismiss a lawsuit challenging the NSA spy program.
> >
> > Aren't ex post facto laws unconstitutional there?  (Yes, I know that
> > wouldn't necessarily stop the current administration....)
>
> You're thinking in reverse. This is removing a legal barrier and
> therefore fine - and capable of releasing previously "guilty" persons
> from their sentences.

Note that in order to exonerate previously guilty people, the law usually
must specifically be worded to cover the previously illegal activity.

There's one guy still serving 10 years in jail for getting a blowjob (something
that was illegal when his girlfriend gave it to him), but was later legalized.
The judge said he however had to stay in jail, because the state legislature
could/should have extended it retroactively if it had so desired when passing
the law that legalized it.

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