posted on December 23, 2005 03:32:44 PM
Power We Didn't Grant
By Tom Daschle
Friday, December 23, 2005; A21
In the face of mounting questions about news stories saying that President Bush approved a program to wiretap American citizens without getting warrants, the White House argues that Congress granted it authority for such surveillance in the 2001 legislation authorizing the use of force against al Qaeda. On Tuesday, Vice President Cheney said the president "was granted authority by the Congress to use all means necessary to take on the terrorists, and that's what we've done."
As Senate majority leader at the time, I helped negotiate that law with the White House counsel's office over two harried days. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al Qaeda did not believe that they were also voting for warrantless domestic surveillance.
On the evening of Sept. 12, 2001, the White House proposed that Congress authorize the use of military force to "deter and pre-empt any future acts of terrorism or aggression against the United States." Believing the scope of this language was too broad and ill defined, Congress chose instead, on Sept. 14, to authorize "all necessary and appropriate force against those nations, organizations or persons [the president] determines planned, authorized, committed or aided" the attacks of Sept. 11. With this language, Congress denied the president the more expansive authority he sought and insisted that his authority be used specifically against Osama bin Laden and al Qaeda.
Just before the Senate acted on this compromise resolution, the White House sought one last change. Literally minutes before the Senate cast its vote, the administration sought to add the words "in the United States and" after "appropriate force" in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas -- where we all understood he wanted authority to act -- but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.
The shock and rage we all felt in the hours after the attack were still fresh. America was reeling from the first attack on our soil since Pearl Harbor. We suspected thousands had been killed, and many who worked in the World Trade Center and the Pentagon were not yet accounted for. Even so, a strong bipartisan majority could not agree to the administration's request for an unprecedented grant of authority.
The Bush administration now argues those powers were inherently contained in the resolution adopted by Congress -- but at the time, the administration clearly felt they weren't or it wouldn't have tried to insert the additional language.
All Americans agree that keeping our nation safe from terrorists demands aggressive and innovative tactics. This unity was reflected in the near-unanimous support for the original resolution and the Patriot Act in those harrowing days after Sept. 11. But there are right and wrong ways to defeat terrorists, and that is a distinction this administration has never seemed to accept. Instead of employing tactics that preserve Americans' freedoms and inspire the faith and confidence of the American people, the White House seems to have chosen methods that can only breed fear and suspicion.
If the stories in the media over the past week are accurate, the president has exercised authority that I do not believe is granted to him in the Constitution, and that I know is not granted to him in the law that I helped negotiate with his counsel and that Congress approved in the days after Sept. 11. For that reason, the president should explain the specific legal justification for his authorization of these actions, Congress should fully investigate these actions and the president's justification for them, and the administration should cooperate fully with that investigation.
In the meantime, if the president believes the current legal architecture of our country is insufficient for the fight against terrorism, he should propose changes to our laws in the light of day.
That is how a great democracy operates. And that is how this great democracy will defeat terrorism.
The writer, a former Democratic senator from South Dakota, was Senate majority leader in 2001-02. He is now distinguished senior fellow at the Center for American Progress.
posted on December 23, 2005 04:25:29 PM
Blah, blah, blah, blah......
Tell it to jimmy carter & silck willie, both of them did the same thing. But I forgot, they are demo's so it was ok.
'Warrantless' searches not unprecedented
By Charles Hurt
THE WASHINGTON TIMES
December 22, 2005
Previous administrations, as well as the court that oversees national security cases, agreed with President Bush's position that a president legally may authorize searches without warrants in pursuit of foreign intelligence.
"The Department of Justice believes -- and the case law supports -- that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the president may, as he has done, delegate this authority to the attorney general," Clinton Deputy Attorney General Jamie S. Gorelick said in 1994 testimony before the House Permanent Select Committee on Intelligence.
That same authority, she added, pertains to electronic surveillance such as wiretaps.
More recently, the U.S. Foreign Intelligence Surveillance Court -- the secretive judicial system that handles classified intelligence cases -- wrote in a declassified opinion that the court has long held "that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information."
Such warrantless searches have been at the center of a political fight in Washington after the New York Times reported Friday that the Bush administration had a program to intercept communications between al Qaeda suspects and persons in this country, a story whose publication coincided with the congressional debate over reauthorizing the USA Patriot Act.
In a 2002 opinion about the constitutionality of the Foreign Intelligence Surveillance Act (FISA) and the USA Patriot Act, the court wrote: "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."
Indeed, previous administrations have used that same authority.
One of the most famous examples of warrantless searches in recent years was the investigation of CIA official Aldrich H. Ames, who ultimately pleaded guilty to spying for the former Soviet Union. That case was largely built upon secret searches of Ames' home and office in 1993, conducted without federal warrants.
In 1994, President Clinton expanded the use of warrantless searches to entirely domestic situations with no foreign intelligence value whatsoever. In a radio address promoting a crime-fighting bill, Mr. Clinton discussed a new policy to conduct warrantless searches in highly violent public housing projects.
Previous administrations also asserted the authority of the president to conduct searches in the interest of national security.
In 1978, for instance, Attorney General Griffin B. Bell testified before a federal judge about warrantless searches he and President Carter had authorized against two men suspected of spying on behalf of the Vietnam government.
That same year, Congress approved and Mr. Carter signed FISA, which created the secret court and required federal agents to get approval to conduct electronic surveillance in most foreign intelligence cases.
A Washington Post report at the time said the new FISA law permits "the government (primarily NSA with the occasional help of an FBI 'black bag job' or break-in) to continue electronic spying without a court order if it is directed solely at the premises or communications of 'official' powers, such as governments, factions or entities openly known to be directed and controlled by foreign governments."
The year after FISA became law, a columnist in The Washington Post described what could still happen to any person or group determined to be "an agent of a foreign power."
"Once the attorney general has made that finding about someone, then the FBI can spy on them or burglarize their offices," wrote William Greider in a May 1979 column.
The Bush administration and Republicans on Capitol Hill say terrorist cells in this country are precisely what those FISA loopholes were intended for, even if they don't represent a traditional enemy state.
"Following the 9/11 attacks, it was obvious that al Qaeda utilized high-tech communication systems and modified its communication methods to avoid surveillance," Sen. John Cornyn, Texas Republican, said.
Mr. Cornyn and other Republicans have agreed with Democrats that hearings are necessary to learn more about Mr. Bush's domestic spy policy. There remains disagreement, however, over whether those hearings should be open to the public.
One area certain to be discussed in any hearings would be the use of warrantless searches in previous administrations.
In an interview yesterday, Miss Gorelick acknowledged her testimony before Congress but said it pertained to presidential authority prior to 1994, when Congress expanded FISA laws. Left unanswered, she said, is whether that congressional action trumped the president's "inherent authority."
"The Clinton administration did not take a position on that," she said.
"“More Iraqis think things are going well in Iraq than Americans do. I guess they don’t get the New York Times over there.”—Jay Leno".
posted on December 23, 2005 10:29:29 PMTell it to jimmy carter & silck willie, both of them did the same thing. But I forgot, they are demo's so it was ok.
Don't forget Nixon - the master of wiretaps. Look what happened to him
Absolute faith has been shown, consistently, to breed intolerance. And intolerance, history teaches us, again and again, begets violence.
---------------------------------- The duty of a patriot in this time and place is to ask questions, to demand answers, to understand where our nation is headed and why. If the answers you get do not suit you, or if they frighten you, or if they anger you, it is your duty as a patriot to dissent. Freedom does not begin with blind acceptance and with a flag. Freedom begins when you say 'No.'
posted on December 23, 2005 11:51:31 PM
It is amazing how the democrats are all up in arms over some wire tapping to protect our nation. Some even comparing it to communism, but want the socialist/communist national health care.
No wonder they can't get a president elected.
Ron
"Better to be hated for who you are than loved for who you are not."
