Courts should not be involved in military decisions and fighting wars. There is no legal justice in war. There is the enemy and American lives on the line. There are rules of conduct and a military judicial process for dealing with trangressions. Domestic courts have no business montoring the trenches and dictating processes.

Especially when those processes get people killed out of an abundance of ridiculous paranoia about abuse of power and attempts to instil caution and roadblocks to quick, decisive actions. The liberals elite in this country live in bizarre paranoid fantasy world of Nixons, Watergate and Vietnam. They are so cucooned they don’t even realize what is happening today – at the moment. And it is because of this liberal paranoia about potential abuse of power American soldiers recently died in Iraq:

U.S. intelligence officials got mired for nearly 10 hours seeking approval to use wiretaps against al Qaeda terrorists suspected of kidnapping Queens soldier Alex Jimenez in Iraq earlier this year, The Post has learned.

…

n the early hours of May 12, seven U.S. soldiers – including Spc. Jimenez – were on lookout near a patrol base in the al Qaeda-controlled area of Iraq called the “Triangle of Death.”

Sometime before dawn, heavily armed al Qaeda gunmen quietly cut through the tangles of concertina wire surrounding the outpost of two Humvees and made a massive and coordinated surprise attack.

Four of the soldiers were killed on the spot and three others were taken hostage.
A search to rescue the men was quickly launched. But it soon ground to a halt as lawyers – obeying strict U.S. laws about surveillance – cobbled together the legal grounds for wiretapping the suspected kidnappers.

There was not abuse of power. What happened was a restriction of capabilities we had at hand to help save American soldiers in a desperate, deadly and time critical situation. All in because of fear that someone may someday possibly abuse the power to monitor our enemies. The country does not have to follow the paranoid into their paralysis of inaction.

Let me illustrate by example. If we fear people will speed, and that speeding is a threat to life and limb (and therefore civil rights), we could require car manufacturers to limit the speed of all cars to 30 MPH. It would pre-empt any speeding. It would also grind our society to a halt because vehicle transportation would not allow us to get where we need in time. No more living in the suburbs and working downtown. No more weekend vacations. There would be no time to travel and do what we want or need to at our destinations, and then return.

The idiocy of the liberals on FISA is the same, and we now have an example of it. In fear of potentially someone abusing the power we have to protect ourselves and our men and women in harms way, the FIS Court has put up restrictions and barriers to that some fool judge in DC needs to be convinced of a situation half a world away before action can be taken. It is criminal. The right to life of these soldiers was violated by fear and paranoia.

For an excruciating nine hours and 38 minutes, searchers in Iraq waited as U.S. lawyers discussed legal issues and hammered out the “probable cause” necessary for the attorney general to grant such “emergency” permission.
Finally, approval was granted and, at 7:38 that night, surveillance began.
“The intelligence community was forced to abandon our soldiers because of the law,” a senior congressional staffer with access to the classified case told The Post.

The Democrats have caved on the FISA debate time and time again because the administration has endless evidence of the law turning into a suicide pact. No law is constitutional if its enforcement can risk lives. And the NSA monitoring does not risk lives, it saves lives. I know this was a warning shot across the bow of Congressional Democrats not to play anymore games with our security and safety. I believe there are numerous more examples of FISA not working as fantasized by the left in all their ignorance the issue. The only change we made post 9-11 was to allow NSA leads to be used to investigate people in contact here in the US. Prior to 9-11 those leads were thrown in the trash.

Congress was long aware of this story – I can tell by the lame efforts to pretend it doesn’t matter. But it does matter, it did happen, and it is the essence of the debate. We need to get the judges out of the trenches and nagging our people out trying to save us from terrorists. They have no business there.