Wednesday, November 26, 2008
Of SOFAs and searches
McClatchy reports that the Bushies have “withheld the official English translation of the [Status of Forces] agreement in an effort to suppress a public dispute with the Iraqis until after the Iraqi parliament votes.” And of course to keep the American people knowing the details. The possible public dispute McClatchy refers to might arise from the intention of the Americans to interpret the words of the SOFA entirely differently than the Iraqis. For example, the Iraqis only think that the US is prohibited from attacking Iran from Iraqi soil.
The 2nd Circuit Court ruled that Americans are not protected against the US government conducting warrantless electronic surveillance and searches against them if they are in a foreign country (and that any evidence so collected can then be used against them). Such searches, however, have to be “reasonable.”
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