Voted YES on extending the PATRIOT Act's roving wiretaps. (Feb 2011)
Voted NO on requiring FISA court warrant to monitor US-to-foreign calls. (Feb 2008)
Voted YES on removing need for FISA warrant for wiretapping abroad. (Aug 2007)
Voted NO on implementing the 9/11 Commission report. (Mar 2007)
Voted NO on preserving habeas corpus for Guantanamo detainees. (Sep 2006)
Voted NO on requiring CIA reports on detainees & interrogation methods. (Sep 2006)
Voted YES on reauthorizing the PATRIOT Act. (Mar 2006)
Voted YES on extending the PATRIOT Act's wiretap provision. (Dec 2005)So let's not kid ourselves that Congress has much say in the manner.
Every power grubbing slimeball in D.C. is responsible. My only point was that just because Senator X doesn't share your values, don't think opposing him or her is going to make much difference right now.
Note that if the questioner is generally viewed as someone who would ask such questions merely as an attack strategy (something which is depressingly common in the GOP these days), that's going to make it easier for the administration to avoid giving a meaningful answer; his reputation gives them some cover.
For the same reason, somebody who's viewed as a friend of the administration asking the same questions would be much more painful.
So for better or for worse, it does matter somewhat who's doing the asking...
Keep in mind, the question is coming from a Senator on the Judiciary Committee. It could be a preemptive objection to having the blame sent back at him, perhaps also a threat to alter the law to reduce the "discretion to charge defendents".
You're right that is is more of a statement than a question. Political letters like this are often calculated more to produce effects than answers.
This is poisoning the well. There are some good questions in the posted letter. Unfortunately, we are unlikely to get good answers. Whatever their political stripes or past failings, at least someone is willing to press the issue instead of dropping it.
Of the asked questions, the ones with veiled accusations of retaliation demand an especially compelling answer. The DoJ should definitely be on the spot for their prior entanglements with Schwartz. Their conduct in this case could easily be construed as retaliatory (we couldn't get you then, so we'll slam you now).
The only question that seems silly to me is the last one. Of course a DoJ prosecutor is aware of the concept of prosecutorial discretion. To be fair, it's also a good counterpoint to the current silly "Congress made us be mean" line the prosecution is taking. It's just more of a statement than a question.
> Expect to see lots of superficial genuflection from Republicans towards the Swartz case; the GOP is in a constant low-grade conflict with the Democratic DoJ.
One of the nice things about an adversarial system is that you can benefit from the conduct of parties whose views don't align with your own.
I'm not saying we should act ignorant of the Senator's motivations here. We just shouldn't dismiss his concerns outright because of them.