» Bush defends spying on Americans; Impeachment in the winds

20 December 2005 - 10:17am

Bush defends spying on Americans; Impeachment in the winds

media girl's picture

What a Scrooge the president was yesterday when he declared he'd continue spying on us:

"This is a different era, a different war," the president said at a year-end news conference in the East Room. "People are changing phone numbers and phone calls, and they're moving quick. And we've got to be able to detect and prevent. I keep saying that, but this . . . requires quick action."

And in case you were wondering what's behind the Alito nomination:

In the wide-ranging news conference, Bush demanded that the Senate confirm Samuel A. Alito Jr. to the Supreme Court by Jan. 20, even as Democrats vowed to question the nominee on his view of the NSA program.

Nothing like packing the judiciary with judges who have strong affection for authoritarian government power over the people.

While generally relaxed and sometimes joking, Bush grew testy when asked if he is presiding over the expansion of "unchecked power" by the executive branch. "To say 'unchecked power' basically is ascribing some kind of dictatorial position to the president, which I strongly reject," he responded sharply, waving his finger.

Thus is offered the imperial decree. You don't need stand-up comics to make fund of this.

"I just described limits on this particular program," he said. "That's what's important for the American people to understand. I am doing what you expect me to do, and at the same time safeguarding the civil liberties of the country."

So he's violating your constitutional rights in order to "safeguard" them.

Under the Foreign Intelligence Surveillance Act, the NSA in urgent situations can already eavesdrop on international telephone calls for 72 hours without a warrant, as long as it goes to a secret intelligence court by the end of that period for retroactive permission. Since the law was passed in 1978 after intelligence scandals, the court has rejected just five of 18,743 requests for wiretaps and search warrants, according to the government.

Ah, but it's the mere indignity of having to go to a court to ask permission to pursue authoritarian policies!

In asserting the legality of the program, Bush cited his power under Article II of the Constitution as well as the resolution authorizing force passed by Congress after the Sept. 11 attacks. The resolution never mentions such surveillance, but Attorney General Alberto R. Gonzales said it is implicit and cited last year's Supreme Court decision in Hamdi vs. Rumsfeld , which found that the force resolution effectively authorized Bush to detain U.S. citizens indefinitely as enemy combatants.

Even the Democrats are outraged:

Several senators pressed the matter further. Specter and Sen. Patrick J. Leahy (D-Vt.) sent letters to Alito promising to grill the nominee on the issue at confirmation hearings next month. Sen. Russell Feingold (D-Wis.) raised the prospect of a special prosecutor investigation and said Gonzales would have to recuse himself. Sen. Barbara Boxer (D-Calif.) sent an inquiry to presidential scholars asking if they agree with John Dean, the White House counsel during Watergate, who she quoted as saying that Bush has admitted to an impeachable offense.

Breaking: Rep. Conyers has introduced a censure motion in the House. More in subsequent post.

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Madman in the Marketplace's picture

this interview from Democracy Now (thanks Marisacat!):

MARTIN GARBUS: The Pentagon Papers were documents that ultimately Daniel Ellsberg released. They were secret documents which indicated and gave information about our involvement in Korea and North Vietnam, in both those wars. And those documents released, the government then tried to stop the publication of those papers. The New York Times and the Washington Post both went ahead and published those stories. The government, at that time, made the claim that our foreign policy would be affected, and that particular individuals or many individuals would be killed because of the release of secret information. And the Times and the Washington Post ignored that.

What we’ve recently seen is both the New York Times and the Washington Post have taken a totally different tack. The Washington Post, when it wrote about the secret prisons, was asked by the government not to give the locations of those secret prisons, and the Washington Post acceded to that. The New York Times, for one -- at least one year, held up the publication of this story, and had this story come out in 2002, 2003, 2004, probably the politics in the country would be very, very different. And the New York Times had meetings with the government, and according to the New York Times, they made an investigation, and they concluded what there were legal safeguards in effect that permitted the government's policy.

Now, the New York Times has a lot of very sophisticated lawyers, and those lawyers know better than that. There is a case, and I'd like to refer to something James Bamford said, with respect to how long this has gone on before. There had been a case in 1972, when Nixon tried to do the same thing. Lenny Wineglass, a very fine lawyer, argued the case in District Court. Nixon claimed that you could, for domestic surveillance, that you had a right to use executive warrants, as he claimed, the permission of the President and the Attorney General. And he said that that was sufficient. This was at a time of civil unrest, according to him, 1971, 1972. There were some bombings within the United States. And he went out, and he tried to survey, surveillance people, eavesdropping, wiretapping without judicial warrants, without probable cause.

And the United States Supreme Court said no. The United States Supreme Court said you can’t do this. The United States Supreme Court said that the President does not have that kind of power within the Constitution. He has the power to protect the nation, but this goes beyond that. He can’t violate the Constitution. That's exactly what's happening now. And what’s going to happen is: You now have a different Supreme Court. You’re going to have Roberts, probably Alito, and my judgment is they're going to uphold what Bush is doing, and in effect, they're going to reverse, though not directly, the Nixon case. It's a strategy to get past that Nixon case and to give the President the broadest powers that any President has ever had.


(20 December 2005 - 1:28pm)
Parker's picture
Parker says:

Has everyone forgotten that these are the same people who use fighter planes to "wrestle up" missing elected officials from Texas to have a quorum for the redistricting vote.(Billed to Homeland Security of course)

Just saying the GOP has done "surprisingly" well in recent elections... .. and just what is so important that it could not go through channels made specifically for this purpose...??? It is simple... this spying had nothing at all to do with the "WOT"... period... I doubt it ever even directed at Peace activists (a bit to quick with this info to distract attention)...


(20 December 2005 - 3:47pm)

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» Bush defends spying on Americans; Impeachment in the winds