No Checks or Balances in Warrantless Wiretapping Despite Holder’s Assurances | EFF

Attorney General Eric Holder gave a much publicized speech at Northwestern law school on Monday, in which he attempted to explain the Obama administration’s constitutional authority for killing U.S. citizens abroad without judicial oversight. Holder in part claimed that there is a difference between “due process” and “judicial process”, the latter of which—according to him—is not guaranteed under the Constitution. The speech was predictably and widely criticized in legal circles on Fifth Amendment grounds (see here, here, here, here, and here), but an overlooked section of his speech should also give constitutional experts pause: Holder’s stance on the FISA Amendments Act (FAA) and warrantless wiretapping. Continue reading