AJStrata makes a point that — with a little tweaking — reveals the desperation of the Democrats on the Senate Judiciary Committee:
I seriously doubt Ted Kennedy and his Senate Democrat co-conspirators realize what a bone head move they just made regarding the CAP subpoena for dirt on Alito. While Congress has the power of subpoena, it is clear this planned invasion of privacy of a US Citizen not even involved in the hearings on Judge Alito was without judicial oversight. There was no FISA court or Federal Court in front of which the dems had to show probable cause.This is not something allowed under FISA, NSA guidance or The Patriot Act. Ted Kennedy and the Democrats just showed which part of government is the one likely to go after private citizens on the flimsiest of excuses. Excuses that don’t come close to covering up the partisan intent.