If you don't watch the video, Rogers basically asks all three panelists if they think it's okay to do the kind of business records search that's currently done, and the two intelligence community apologists on the panel immediately agree. Vladeck suggests that there are caveats, and Rogers attacks him for equivocating, misattributing a quote about "give me a one-armed economist" (it was Harry Truman, but Rogers gives credit to Ronald Reagan). Vladeck again points out that the specifics matter, and notes that it's possible to agree with the concept of a program, but not the implementation of the program -- using the death penalty as a comparison. Rogers gets upset at this (bizarrely appearing to totally not comprehend the point Vladeck is making) and then finally Vladeck again points out that the process matters, and it's ridiculous to answer a substantive question about whether the concept makes sense without discussing the process, leading to the following, in which Rogers suggests there are no process questions because no one has complained:
Rogers: I would argue the fact that we haven't had any complaints come forward with any specificity arguing that their privacy has been violated, clearly indicates, in ten years, clearly indicates that something must be doing right. Somebody must be doing something exactly right.This is kind of astounding. According to Mike Rogers, you can apparently violate his privacy, so long as he doesn't know about it. How is it that such a person is supposedly in charge of oversight of the intelligence community? He honestly believes that as long as the NSA spies on people privately, their privacy isn't violated?
Vladeck: But who would be complaining?
Rogers: Somebody who's privacy was violated. You can't have your privacy violated if you don't know your privacy is violated.
Vladeck: I disagree with that. If a tree falls in the forest, it makes a noise whether you're there to see it or not.
Rogers (astounded): Well that's a new interesting standard in the law. We're going to have this conversation... but we're going to have wine, because that's going to get a lot more interesting...
I believe that when a girl is being violated, but she is passed out, she is being raped. I agree with Vladeck, that when a tree falls in the forest and nobody is there to hear it, it still makes a sound. I'm suggesting that we all head to Colorado and enjoy a weekend of drone hunting since it's a new passed law that drones can legally be shot down.
Mr. Rogers, with all due respect, you might want to rethink your previous statement.
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