- Cole, Epstein, Heynmann and eleven other prominent legal scholars (Beth Nolan, Curtis Bradley, Geoffrey Stone, Harold Hongju Koh, Kathleen Sullivan, Laurence Tribe, Martin Lederman, Ronald Dworkin, Walter Dellinger, William S. Sessions and William Van Alstyne) wrote a letter to Congress that appeared in the New York Review of Books on February 9, 2006.[126] They wrote that "the Justice Department's defense of what it concedes was secret and warrantless electronic surveillance of persons within the United States fails to identify any plausible legal authority for such surveillance. Accordingly the program appears on its face to violate existing law." They summarized:
All Jordan Paust, Mike and Teresa Baker College Professor of Law at the University of Houston Law Center, rejected the administration's legal arguments for the NSA program writing:[137]
- Professor Peter Swire, the C. William O’Neill Professor of Law at the Ohio State University Moritz College of Law and Visiting Senior Fellow at the Center for American Progress, wrote a detailed "Legal FAQs on NSA Wiretaps" concluding that "[b]ased on the facts available to date, the wiretap program appears to be clearly illegal."[127] Prof. Swire has previously written a very detailed history and analysis of the Foreign Intelligence Surveillance Act, published in Volume 72 of the George Washington Law Review, at 1306 (2004) and previously chaired a White House Working Group, including the intelligence agencies, on how to update electronic surveillance law for the Internet Age.
- Robert Reinstein, dean of the law school at Temple University, has asserted that the warrantless domestic spying program is
- Mr. Reinstein asserted that the broad consensus among legal scholars and national security experts is similar to his own analysis, and he predicted that the courts will rule that the program is unconstitutional.[128]
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