People have a constitutional right to be secure in their papers and effects and the court should be the one judging where these rights start and end, and not the FBI.
Exactly what is so important that a warrant cannot be obtained from a judge before tapping these lines? Where is the justification that this is necessary to secure our happiness and freedom?
If it is necessary to repeal parts of the constitution then we should have a frank, open and honest discussion about it. The more likely case is that Augustus has no clothes.
I wouldn't underestimate the extent to which the Commerce Clause could be applied.
The DoJ is well-aware of this, I'm sure, and is only too happy to throw its full weight around.
Officially, I think it's called the "brown nose" business model.
If anything, this is a great argument for why these things SHOULD be public knowledge.
how fantastically polite.
"Operation Blackbriar started as an NEAT surveillance program.
It is now the umbrella program for all our black-ops. Full envelope intrusion, rendition, experimental interrogation - it is all run out of this office. We are the sharp end of the stick now"
So it's not that they don't want challenges it's that they think they can't even get what they legally can without secrecy.
It's not a very good argument by the FBI for sure. Obviously if people knew that some corps provided info but not other, it could penalize the first by losing customers but we already know we can't trust certain companies even with all the secrecy.