Stephen J. Schulhofer, a New York University law professor, countered that more than a dozen government initiatives "are demonstrably not justified as a response to 9-11." Limited resources that should be devoted to U.S. intelligence are being misspent on unnecessary new legal procedures, Schulhofer said.
"The common thread that runs through these measures," he said, "is the erosion, and in many instances the complete obliteration, of traditional checks and balances."
Philip B. Heymann, a Harvard Law School professor and deputy attorney general under former President Clinton (news - web sites), said Congress should reject several assertions of authority invoked by the Bush administration in the name of security.
They include the power to order military tribunals for U.S. residents who are not citizens and the power to collect information from an individual's associates while compelling the associates to keep the inquiry secret, Heymann said in written testimony to the commission. He was unable to travel to Washington for the hearing.