4 ms·

And because we have a three branches of government, it is up to the courts to make sure that the bar is set very high...

• Zigurd 11y ago
  True but irrelevant. It isn't inherently law enforcement's job to probe constitutionality. That's like saying law enforcement should probe just how much force they should use against you before they get sued by the DoJ. It's just as valid an argument to say they should be cautious about constitutionality and still get their job done.
  • mbreese 11y ago
    It's hardly irrelevant. The parent post said "every tinpot tyrant on the planet would like to have the US set a low bar". In this case, it's important to remember that the executive isn't the only branch of government to have an opinion here. No one said anything about probing constitutionality. There is a legitimate question about the limits of the All Writs Act. So they asked a court to issue the request. Law enforcement must work within the confines of the law, but when there is a question of what those confines are -- and in the legal sense, that is most definitely an unanswered question here -- they ask the courts to decide. Once the courts rule, I expect for the FBI/etc... to act in accordance with the ruling. And if you don't like the ruling, talk to Congress.