Word: heymann
(lookup in dictionary)
(lookup stats)
Dates: during 2000-2009
Sort By: most recent first
(reverse)
...Among those who have weighed in on the domestic eavesdropping controversy are Harvard’s Ames Professor of Law Philip B. Heymann and Appellate Court Judge Richard A. Posner, a professor at the University of Chicago. The debate between the two well-known scholars, which took place on the pages of a left-of-center magazine, The New Republic, incorporated questions of both legality and proper policy, with Posner concerned more with the program’s merits and Heymann with its conformity to the FISA statute...
...explanation doesn't hold water with some legal experts. Last week, General Hayden himself admitted that in cases where the NSA does not first go to the courts, "the trigger is quicker and a bit softer than it is for a FISA warrant." Putting it more bluntly, Philip B. Heymann, a former Clinton Administration deputy attorney general, says, "The only reason they are doing warrantless searches is because they want to do them on considerably less basis than probable cause-and I would guess on less than reasonable suspicion...
...Probable cause? Reasonable suspicion? Those kinds of semantic battles virtually guarantee that writing any new FISA law will tie Congress up in knots for quite a while. But Heymann, like many other critics of the warrantless wiretapping program, believes that the first sentence for any new FISA law, regardless of how else it is amended, should make one thing absolutely clear: "That the president shouldn't be doing things that the statute prohibits him from doing...
...School (HLS)—wrote a letter earlier this week to Congressional leaders in which they rebutted the Bush Administration’s legal case for permitting spying on American citizens. Loeb University Professor Laurence H. Tribe ’62 and Ames Professor of Law Phillip B. Heymann, a former deputy attorney general during the Clinton administration, were among the 14 signers. The letter was largely a point-by-point response to a formal defense of the domestic spying program issued by the Department of Justice and sent to Congressional leaders in late December. The Justice letter followed...
...necessitated measures inconceivable during a time of peace. Berenson pointed to the Commander-in-Chief clause in Article Two of the Constitution as the legal source of the President’s executive power to act at his discretion during wartime. But Ames Professor of Law Philip B. Heymann took issue with this argument. Heymann pointed out that while most wars have a definite time span, “terrorism is going to be with us for all of your lives.” He said that it was absurd for a president to claim special executive power in order...