From: Greg Kucharo <sophi@best.com>
Date: Thu, 26 Sep 1996 15:39:00 +0800
To: Declan McCullagh <declan@eff.org>
Subject: Re: Bernstein hearing: The Press Release
In-Reply-To: <Pine.SUN.3.91.960925121324.22297B-100000@eff.org>
Message-ID: <3249BDB5.1A39AD0D@best.com>
MIME-Version: 1.0
Content-Type: text/plain


I fail to see how the Executive can simply avoid the authority and
oversight of the Judicial. Are there other circumstances of this? From
my constitutional reading the Judiciary has the right to review any law
passed by Congress.  The Executive only has the power to enforce, not to
unilaterally pass rules unrelated to enforcement.

Declan McCullagh wrote:
> 
> At today's SAFE crypto hearing in the House, Congressperns quizzed
> Gorelick about what the fuck the administration is trying to do by having
> their lackies attach amendments to the omnibus export act that would
> prevent judicial review of Commerce Dept export control decisions. It's
> already cleared the House.
> 
> "no court shall have power or jurisdiction to review any such decision by
> an action in the nature of mandamus or otherwise."
> 
> Bastards.
> 
> -Declan
>