re: the upcoming Senate Judiciary Committee hearing on domestic spying

I believe we should not leave it up to the members of the Judiciary Committee -- again -- to decide for themselves which questions will be asked. We should try to play an active role in demanding that the Attorney General be held accountable and that the real questions raised by this scandal be meaningfully explored.

Towards that end, I have created a preliminary list of what I believe are the ten most significant and pressing questions (although I admittedly cheated with the number of questions by employing a standard lawyer trick of packing in sub-parts to the questions, but at least I openly acknowledge my treachery). I hope anyone who has additions, revisions, changes or other ideas will add them over the next couple of days so that we can have a comprehensive list of the questions that ought to be asked and how those issues ought to be pursued, and then urge the Judiciary Committee to pursue them.

For the sake of manageability, I have divided the 10 questions into the following two posts -- first, questions 1-5, then questions 6-10. Judiciary Committee Chair Arlen Specter last week sent a list of fifteen questions to Attorney General Gonzales. Many of those are obvious questions and I constructed my list so as to not overlap with Specter’s list. Please leave any comments on this post, not the other two.

I believe the paramount objective with these hearings is to force out into the open the theories of Presidential power which the Administration has embraced in order to justify its transgressions of FISA -- not just as applied to eavesdropping but with respect to all decisions broadly relating to the question of how this country will respond to the threat of terrorism. Thus, the questions posed to Attorney General Gonzales should absolutely not be confined strictly to the question of the NSA eavesdropping program, but must explore how the Administration’s theories of its own power apply generally.