Unreal Time

The conversation was a bit more interesting on this week's installment of Real Time With Bill Maher — the episode that debuted last Friday night and repeats throughout the week — but I'm still not enjoying it as much as I did last season.

There's a curious exchange with Maher, Larry Miller, Gloria Steinem and Ramesh Ponnuru. Miller, who is more or less pro-Bush, is making the argument that wiretaps are necessary because, you know, we might hear someone planning another terrorist attack and be able to stop it. This is a reasonable point but it's also, insofar as I can tell, not in dispute.

Miller further insists that time might be of the essence and that there might not be time to go before a judge and get a warrant. And for some reason, no one else on the show says, "Larry, haven't you read anything about this? There's a provision in the law that says they don't have to wait for a warrant if there's insufficient time for that. They can wiretap and then apply for the warrant up to 72 hours later." Maher is usually sharp about this kind of thing but he doesn't point that out. He's not the only person muddying the issue, which is not about whether wiretaps might be a useful tool in protecting America. The point of actual contention is whether the president can or should be able to order wiretaps without any supervision by the F.I.S.A. court, either before or after the fact. How about if someone tries debating that?