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Gonzales: Bush Can Eavesdrop on Domestic Calls
In testimony before the House Judiciary Committee yesterday, AG Alberto Gonzales suggested (for the first time publicly) that the Administration believes there may be legal justification to eavesdrop on communications occurring solely within the United States (the program already revealed covers only calls in which one party is outside the US).
As the NYT and WaPo report this morning, Gonzales was asked by Rep. Adam Schiff if such domestic eavesdropping could occur; the AG replied “I’m not going to rule it out.” He continued by suggesting that such authority would be based on precedent, suggesting that Woodrow Wilson’s interception of cables during WWI was “based upon the Constitution and his inherent role as commander in chief.” He would not say, the Times article notes, whether any such interceptions had occurred or are occurring.
Schiff responded to Gonzales somewhat incredulously, saying that his stated position “represents a wholly unprecedented assertion of executive power. No one in Congress would deny the need to tap certain calls under court order. But if the administration believes it can tap purely domestic phone calls between Americans without court approval, there is no limit to executive power. This is contrary to settled law and the most basic constitutional principles of the separation of powers.”
The papers note that a Justice Department spokesperson said later “The attorney general’s comments today should not be interpreted to suggest the existence or nonexistence of a domestic program or whether any such program would be lawful under the existing legal analysis.” But it notably does not say that such a program would be illegal.
How far does this go? It’s time to find out. No more stonewalling. Our laws exist for a reason, and we have separate powers for a reason. Congress had better get off its butt and start acting in a serious way to find out just how far outside the rule of law this Administration has gone and probably continues to go, and rein them in. Executive power cannot go unchecked.
[Note: Also posted at Charging RINO].
11 Responses to “Gonzales: Bush Can Eavesdrop on Domestic Calls”
The current administration is looking like some poorly scripted, made for TV movie.
I would say my jaw dropped open when I read this, but it hasn’t retracted from the last set of scandalous behavior. What in the world is W smoking?
I’m starting to think Alberto (tortureman) Gonzalez never finished law school.
Domestic-domestic calls are a whole different ballgame from the warrantless wiretaps which have been discussed so far. The courts have been pretty specific that warrantless wiretapping for purely domestic calls is a big no-no.
Just for a good laugh go back and read the outstanding pontifications of the Republican leadership during the Clinton-Lewinsky debacle. Back then it was all about the rule of law and the threat to our fragile Republic if the administration was not held accountable for its transgressions. Now, not so much. Hypocritics, liars and crooks every last one of them.
This has always been the problem. No one minds if the government is listening in on al queda’s conversations. It’s the lack of any oversight whatsoever – coupled with a history of cherry-picking facts to make them fit an agenda; the painting of legitimate concerns of critics with phrases like “aiding the enemy;” the argument that the Geneva Conventions are “quaint” and no longer applicable; the attempts to legally justify torture and the holding of suspects offshore indefinitely without trial or oversight; and the sheer incompetence at all levels of this Administration on display at every turn.
This Administration has repeatedly showed its disdain for the rule of law and the conventions of the separation of powers our government is based on, with the help of a compliant legislative branch. Most telling in this situation is that though the FISA court was a compromise set up specifically to deal with exactly these sorts of situations, the Administration has sought to avoid even its rubber stamp oversight.
Is it a surprise then that, given the circumstances, ‘What are they hiding?’ is the first question many of us are asking? And that we think we know at least some of the answers.
Didn’t Nixon do the same thing, wiretap calls inside the US? Even if he didn’t why wouldn’t one of the congressmen ask if they have currently wiretapped w/o court order US to US calls?
When the shoe is on the other foot, I hope the Demo President tells the Repugs that I am the same as Bush, a war time president, and if it was legal under Bush, then it’s legal now.
The Repug’s feel they can’t lose. Yes, the mid-term elections are going to be very important.
No, when a Democrat is president, the Repubs will re-discover their love of the rule of law.
“The attorney general’s comments today should not be interpreted to suggest the existence or nonexistence of a domestic program or whether any such program would be lawful under the existing legal analysis.”
Hahahahaha yeah and I really believe this isn’t already happening, considering the people we have running the gov.
Things like this do make me interested more in a parliamentary system of government rather than the American-style federal system. Unless the party in power had a dead lock on a majority, a vote of no confidence could result, and the gov. in power would fall. It could even be taken down with a majority in place, if enough representatives decided to buck the party. Look at Canada during the holidays up to Jan. 23, and what they will probably go through again within the next two to 2 1/2 years.
I back your idea Bruce, we need a constantly flowing government that can move and flow as needed. And that especially means the top guy atm.
PING:
TITLE: Gonzales Asserts Domestic “Warrantless Wiretapping” Power
BLOG NAME: New Harper’s Mews
Jeremy Dibbell at The Moderate Voice tipped me off to this story, which I had missed in other news until reading his piece.
Testifying before the House Judiciary Committee, Attorney General Alberto Gonzales has suggested the view that the President has…