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judicial overreaching for a federal judge, but actually the job a judge should do. It seems like "judicial actvism" is called out any time a judge proves to be effective at reading the law. The wiretapping issue seems to be a fourth amendment issue--it is government responsibility to recognize the privacy of presumptively innocent citizens where no warrant has been issued. His claim that the actual fourth amendment definition of freedom (ahem, a "right") is divorced from "civic responsibility" is to say that we all fall under a burden of proof (Yes, all of us, once the criteria is weakened, who knows whose conversations may be monitored?) to prove ourselves not subject to any such wiretapping--by what virtue?
We are obviously not presumed to be innocent. We needn't be doing anything that is identifiably suspect--if this were any criteria, obtaining a warrant would be no problem. One may be a Quaker peacenik, a Buddhist vegetarian, a Green party ex-patriot--you may have signed up for Greenpeace once, and be a card-carrying member of the ACLU, it's no matter. You should be perfectly willing to permit your conversations to be monitored, because, well--that's how the Executive Branch likes it. And, well, if you were *really* innocent, you'd never mind it. The potential for abuse of your rights, by any divulging of your private business at any time in the future, or, say, the potential of gaining leverage by learning information about the "natural enemies" (say, environmentalists, or peace activists) of a given administration--why, such *obvious flagrant abuses*--should be tolerated in the name of safety, is what Gonzalez means.
I very much dislike his argument, and I very much dislike any person who could make it with a straight face.
The protection of this country seems to me to lie in actually identifying people who would do us actual harm, physical, quantifiable harm, not some nebulous, ideological harm. By endevouring to "keep us safe" by extending investigation to any "possible" threat, we dilute our ability to follow up on the "probable" threats. It seems a damn ineffective way to wage any sort of intelligent war on anything. It's not merely anti-freedom or anti-American, it's very likely, anti-common sense. The argument is "power for power's sake"--the consequences or necessity thereof is irrelevant, so long as they can claim it. The people (of, whom, and by, alledgedly, this government is for) should not stand for it.
(Disclaimer: Or so runs my little opinion. Not a lawyer, just a liberal.)
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