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Benjamin Wittes

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Stability in law – particularly constitutional law – is critically important; the Supreme Court would do well to remember that.

Benjamin Wittes

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Benjamin Wittes

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The idea that the president doesn’t interfere in law-enforcement investigative matters is one of our deep normative expectations of the modern presidency. But it is not a matter of law. Legally, if the president of the United States wants to direct the specific conduct of investigations, that is his constitutional prerogative.

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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.

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April 23, 2024

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.

Previous

April 23, 2024

The idea that the president doesn’t interfere in law-enforcement investigative matters is one of our deep normative expectations of the modern presidency. But it is not a matter of law. Legally, if the president of the United States wants to direct the specific conduct of investigations, that is his constitutional prerogative.

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