July 11th, 2008

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The FISA and the FCC

So after a quick look, I conclude that even a Presidential pardon could not prevent the FCC from investigating the domestic spying program, although it may not be able to impose any fines. What it can do is subpoena witnesses and documents, investigate the _bleep_ out of it, then issue a report. Happily, the FCC is not constrained by the Article III cases or controversies limitation. to deprive the FCC of authority, Congress would have to pass a law expressly prohibiting the FCC from investigating.

The bad news is that there is no way to compel the FCC to do this. It can ignore any filed complaint or Petition, just as it has been doing with the pending CPNI complaint.