Word: heymann
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...response to the Justice Department’s defense of the program, a group of 12 prominent law professors—including Heymann, HLS’ Laurence H. Tribe, and two other professors with strong ties to the University—wrote a letter on Jan. 9 to Congressional leaders in which they attempted to punch holes in the administration’s legal reasoning. (See article here...
...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...
...While most of the controversy has centered on the legality of domestic eavesdropping, Posner and Heymann also focused their debate on the program’s merits and how its merits relate to its legality...
...testy response, Heymann defended his questioning of the program’s legality, writing that the real issue is not an abstraction but that the president acted in “defiance of legislated prohibitions and [in] the absence of published standards and any known system of accountability...
...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...