February 11, 2006

Keep this in reserve...

I just happened upon something I'd read before, lawyer and PowerLine blogger John Hinderaker's analysis of the legality of the NSA intercepts, from last December. You might want to bookmark it, in case you are in an argument with the loony-bats.

There's a lot of case law that clearly and explicitly says that the President has the right to warrantless wiretapping if it is primarily for gathering foreign intelligence. John lays it all out lucidly.

* Update: And this article is very useful too. It points out the hypocrisy of many Democrats who are now castigating Bush for the exact things they themselves advocated when in power. For instance, it was Carter's Attorney General, Griffin Bell, who argued Truong, where...

...the court said the executive branch has the "inherent authority" to wiretap enemies such as terror plotters and is excused from obtaining warrants when surveillance is "conducted 'primarily' for foreign intelligence reasons."...

And when FISA was passed in 1978:

...When Mr. Bell testified in favor of FISA, he told Congress that while the measure doesn't explicitly acknowledge the "inherent power of the president to conduct electronic surveillance," it "does not take away the power of the president under the Constitution."(Thanks to Betsy N)

And now the odious Jimmy Carter says it is "ridiculous" for Attorney General Alberto R. Gonzales to say the spying is justified by Article II of the Constitution!!

Democrats are not honorable or honest people, and can't be trusted with national security.

(And it is important to keep in mind that each branch has its powers given under the Constitution, and Congress can no more take away Executive Branch powers with a law, than the President can take away Congress's powers with an Executive Order. Windbags are now trying to cloud these issues by pompously proclaiming that, "the President is not above the law!" Actually he is not above the Constitution, and any law that is Constitutional.)

Posted by John Weidner at February 11, 2006 8:38 AM
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