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The Law Loft
Monday, December 19, 2005
TOP ADMINISTRATION OFFICIALS MAKE DAMNING ADMISSIONS DURING MORNING
PRESS CONFERENCE
As part of the administrations continuing effort to keep the heat on the
Senate to secure passage of the patriot act reauthorization bill, the
White House and top executive branch officials have done Sunday night
briefings of members of Congress, a host of guest appearances on TV news
shows and launched a series of press conferences.
One of these press conferences, this morning’s early morning joint
briefing by US Attorney General Alberto Gonzalez and Deputy Director of
National Intelligence Michael Hayden backfired big time.
It all started out with the astonishing argument by the Attorney General
that because Congress had passed a Use of Force Resolution authorizing
the use of force against terrorists, that therefore the president was
impliedly authorized to eavesdrop too including on American citizens in
secret without court order.[1] Not surprisingly, that
Alice-in-Wonderland argument was not well received by the press not even
when bolstered by an inherent powers of the commander-in-chief argument
and sharp questioning followed.
But things really got bad for the administration when the Gonzalez and
Hayden made three stunning admissions in short order:
• that they used the back door approach
because Congress told them they couldn’t get the kind of law they wanted
Gonzalez: “We’ve had discussions with members of Congress, certain
members of Congress, about whether or not we could get an amendment
to FISA, and we were advised that was not likely..”
Comment: Isn’t that kind of like saying I broke into your house and
stole your money because you wouldn‘t give it to me?
• couldn’t answer how they decided whose
phones to tap, leaving the unmistakable impression that illegal domestic
taps had proceeded the illegal USA to overseas ones. All decisions being
made not by judges but by spy shift supervisors.
Question: “And who determined that these targets were al Qaeda? Did
you wiretap them?”
Hayden: "The judgment is made by the operational work force at the
National Security Agency, using the information available to them at
the time, and the standard that they apply - and it’s a two person
standard that must be signed off by a shift supervisor…"
Comment: What’s really interesting about this answer is that is
doesn’t answer the question only adds the fact that spies decide for
other spies who to tap.
•
and finally admitted that they used the backdoor approach not the legal
one via the FISA court because it was operationally more efficient!
Hayden: “What you are talking about now are efficiencies, What you
are asking me is, can we do this program as efficiently using the
one avenue provided by the FISA Act, as opposed to the avenue
provided to us by subsequent legislation [Use of Force resolution]
and the President’s authorization [i.e. under the
Alice-in-Wonderland legal argument.]
"Our operational judgment, given the threat to the nation that the
difference in the operational efficiencies between those two sets of
authorities, are such that we can provide greater protection for the
nation under this authorization."
Comment: Isn’t that like saying I decided to shoot the suspect in
order to save on court costs?
Incredibly no one in the press, other than ourselves, seems to have
reported these admissions. Use them, the Senate needs bolstering, here’s
why:
More heat on the Senate:
The Senate is now set to re-vote on the cloture motion on Wednesday.
That means the Bush administration thinks it can put enough pressure on
senators tonight and tomorrow to swing the 6 votes necessary to get
cloture and bring the patriot act reauthorization conference report to a
final vote. The pressure on the Senate is increased by the fact that the
House is now adjourned until December 22nd unless called back early, so
all eyes are now on the Senate. President Bush keeps saying over and
over again that the Senate is being irresponsible and that the leaks of
his illegal acts have jeopardized national security. If those arguments
sell, we are done for. So, use the above excerpts to keep the Senate on
the right track.
1. Senate Joint
Resolution 23, "Use of Force Resolution," September 14, 2001 |
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