Monday, December 19, 2005

The limitless power of the [Republican] president

Attorney General Gonzalez, who should be investigating reports of domestic spying by the NSA, but rather instead makes "tortured" excuses for it.

Gonzales said he had begun meeting with members of Congress on the Bush administration's view that Congress' authorization of the use of military force after the Sept. 11, 2001 attacks was ample authorization for the surveillance.

"Our position is that the authorization to use military force which was passed by the Congress shortly after Sept. 11 constitutes that authority," Gonzales said.

It was the most detailed legal explanation given by an administration officials since the New York Times reported Thursday that since October 2001 Bush had authorized the NSA to conduct the surveillance.

Gonzales said Congress' action after Sept. 11 essentially "does give permission for the president of the United States to engage in this kind of very limited, targeted electronic surveillance against our enemy."

The domestic spying revelations has created an uproar in Congress, with Democrats and Republicans calling for an investigation.

That is now, then was then.

Think Progress: According to President Bush's radio address today, as White House counsel, Alberto Gonzales personally approved Bush's program for warrantless domestic wiretaps. By circumventing the Foreign Intelligence Surveillance Act, those wiretaps violated federal law.... During his confirmation hearings for Attorney General in January 2005, Sen. Russ Feingold asked Gonzales about this precise issue:

SEN. FEINGOLD: I -- Judge Gonzales, let me ask a broader question. I'm asking you whether in general the president has the constitutional authority, does he at least in theory have the authority to authorize violations of the criminal law under duly enacted statutes simply because he's commander in chief? Does he -- does he have that power?

After trying to dodge the question for a time, Gonzales issued this denial:

MR. GONZALES: Senator, this president is not -- I -- it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.

In fact, that was precisely the policy of the President.

[...]

SEN. FEINGOLD: Finally, will you commit to notify Congress if the president makes this type of decision and not wait two years until a memo is leaked about it?

MR. GONZALES: I will to advise the Congress as soon as I reasonably can, yes, sir.

Liars, all of them. We are asked to trust them, accept that there will be no abuses because the Bush administration is focusing only on the security of Americans. If a citizen gets caught up in an investigation as a result of checking out a seemingly harmless book, well, that's unfortunate but not part of any systemic problems. In fact, it's not a glitch, it's part of the design.

Remember, this has nothing to do with terrorism other than threats of terrorism provide the excuse and the cover. This power grab has been the dream of Dick Cheney since the decline and fall of the Ford administration, and it was in the works long before September 11, 2001.

When the president has this kind of unfettered power "in times of war," then the president has the authority to define who the enemy is. So, listen to their increasingly fierce rhetoric. Administration critics are "dishonest and reprehensible." It's never been too far below the surface.

MR. FLEISCHER: I'm aware of the press reports about what he said. I have not seen the actual transcript of the show itself. But assuming the press reports are right, it's a terrible thing to say, and it unfortunate. And that's why -- there was an earlier question about has the President said anything to people in his own party -- they're reminders to all Americans that they need to watch what they say, watch what they do. This is not a time for remarks like that; there never is.

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