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The Honolulu Advertiser
Posted on: Thursday, December 29, 2005

Alito's past relevant to today's spy scenario

It seems the Senate will have a lot more than abortion to question Supreme Court nominee Samuel Alito about when the grilling begins next month.

A memo written by Alito when he was an assistant to the solicitor general in the Reagan administration has been released by the National Archives. It gives a sense of how Alito might view an official immersed in a federal wiretapping effort.

Given the recent news of President Bush's questionable authorization of spying on civilians without a warrant, the document becomes more relevant than ever.

In the memo, Alito defended the right of Nixon Attorney General John Mitchell to receive blanket immunity to conduct federal wiretapping without a warrant.

But Alito said he wouldn't fight the issue in court for "tactical issues."

The case involved a plot by U.S. war protesters to destroy utility tunnels in Washington and kidnap Henry Kissinger, then national security adviser.

Still, Alito's views come through loud and clear. "When the attorney general is called upon to take action to protect the security of a nation, he should think only of the national good ... " the brief said.

Would Alito grant the president the same extraordinary privilege? When the confirmation process begins, the question needs to be asked.

When Bush lost the popular vote in 2000, the Supreme Court helped him become president. Will a high court led by new appointees John Roberts and Alito help him keep his job?