Randian attorney Henry Mark Holzer says the New York Times should be indicted for violating the Espionage Act. Holzer claims the Espionage Act gives the President the authority to authorize warrantless surveillance of American citizens. Even if Congress intended to give the President that power, the statue cannot trump the Fourth Amendment. Also, why would Congress even bother setting up a FISA court to issue warrants for surveillance in these cases if they allowed the President unlimited authority to conduct warrantless searches in the Espionage Act?

Holzer never seriously considers the effect on the First Amendment of allowing the government to jail anyone who exposed a potential violation of civil liberties done in the name of security. In fact, Holzer’s whole argument is based on the straw man that there is substantial opposition to spying on terrorists. But the question is not whether the government should monitor the phone calls of potential terrorists, the question is whether the Administration followed lawful procedures in authorizing this surveillance and what checks and balances are in place to ensure these powers are only used against legitimate threats, instead of being used against Quaker anti-war groups.

Holzer, great champion of liberty and reason that he is, also endorses torture.