Thursday, November 15, 2012

Silencing General Petraeus

Judge Andrew Napolitano writes,

"It's obvious that someone was out to silence Petraeus."

"Isn't it odd that FBI agents would be reading the emails of the CIA director to his mistress and that the director of the FBI, who briefs the president weekly, did not make the president aware of this? The FBI could only lawfully spy on Petraeus by the use of a search warrant, and it could only get a search warrant if its agents persuaded a federal judge that Petraeus himself—not his mistress—was involved in criminal behavior under federal law.

The agents also could have bypassed the federal courts and written their own search warrant under the Patriot Act, but only if they could satisfy themselves (a curious and unconstitutional standard) that the general was involved in terror-related activity. Both preconditions for a search warrant are irrelevant and would be absurd in this case.

"The general may be a cad and a bad husband, but he has the same constitutional rights as the rest of us.

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