Comment by kergonath

16 days ago

Didn’t these leaks precisely show that the agencies were effectively above the law? I mean, they tried to make it look like they were abiding by the regulations, but effectively tried every work around they could come up with. Including subcontracting domestic spying to foreign intelligence agencies, using the exact mechanism the parent mentioned? It seems you’re contradicting them by making their point.

There is an important distinction between blatant disregard for the law like you would see in authoritarian countries and this trying to twist the letter of the law into allowing something that it wasn’t intended to allow. Both are bad of course, but the latter shows some fear of the checks and balances. Being nefarious is much more expensive if you fear the courts, and have to spend time and effort circumventing it. Trumps recent behavior shows none of this fear of the courts. Even if the courts overturn the executive orders, much of the damage has already been done.