Posted by
Andrews on Tuesday, July 15, 2008 2:41:56 PM
I have been puzzled by one aspect of the "domestic spying" cases for some time. now. Maybe it is because I do not look at terrorism as a policing problem but a military one, but I can't quite understand why there is so much whining about this.
My problem is this. The use of wiretaps to obtain information requires a warrant, but only should those who tap the line wish to use the information obtained as evidence in a criminal case. As far as I udnerstand it, if we tap lines, gatehr information, and then use that information to track down and kill Osama bin Laden, there is no crime. We couldn't then use that evidence against the other party on the phone line without obtaining a warrant, but nothing illegal was done.
Have we gone so far in turning military into police matters that we now require sufficient evidence before shooting terrorists in Iraq or Afghanistan? Are we that interested in arresting terrorists rather than simply shooting them?
Then again, that does seem
to be the conclusion of
Boumedine, that those captured on a battlefield are to be treated like suspects in a B&E case. So perhaps we do need warrants for every POW we take.
What a strange world.