Ex-CIA Lawyer: No Legal Basis for NSA Spying(will testify before Congress)

[sabra]

http://abcnews.go.com/US/story?id=1496143

Ex-CIA Lawyer: No Legal Basis for NSA Spying
Clinton Administration Official to Testify Before Congress

Jan. 11, 2006 — Former CIA General Counsel Jeffrey Smith will testify in House hearings that there is no legal basis for President Bush's controversial National Security Agency domestic surveillance program, ABC News has learned.

ABC News has obtained a copy of a 14-page memo Smith wrote to the House Select Committee on Intelligence in which he argues that the wiretaps are illegal.

...

In his memo, however, Smith argues "it is not credible that the 2001 authorization to use force provides authority for the president to ignore the requirements of FISA."

He said that if the president's arguments for the wiretaps are sustained "it would be a dramatic expansion of presidential authority affecting the rights of our fellow citizens that undermines the checks and balances of our system, which lie at the very heart of the Constitution."

[SpiralHawk]

1. "No Legal basis"

Impeach Bush and Cheney.

Restore the Constitution of the United States of America to the supreme, untrammeled law of the land.

Eat at Joe's.

[UpInArms]

4. Bush on the Constitution: "It's just a goddamned piece of paper!"

http://counterpunch.org/landau01102006.html

excerpt:

Indeed, the inner circle felt satisfied that on December 17, Bush had defined the proper position in his national radio address (and on TV). Wire tapping US citizens without warrants was "fully consistent" with his "constitutional responsibilities and authorities" (cnn.com, December, 17, 2005).

A week earlier he had snapped at a reporter who raised the constitutional question. "I don't give a goddamn. I'm the President and the Commander-in-Chief. Do it my way."

One aide apparently said. "There is a valid case that the provisions in this law undermine the Constitution."

"Stop throwing the Constitution in my face," Bush screamed back. "It's just a goddamned piece of paper!" (Doug Thompson, Capitol Hill Blue, Dec 8, 2005).

(edited to add link)

[splat@14]

9. This presidency has "no legal basis"!!

[zann725]

2. May he be safely "guarded" before his TRUTHFUL testimony.

Telling the 'Truth to Authority' often has 'sanctions' by 'friends' of this Admin.

[rodeodance]

3. He plans to testify before the House Judiciary Committee on Jan. 20.

Smith is a Democrat who worked at the CIA in the Clinton years and as general counsel to the Senate Armed Services Committee under Sam Nunn, then a Democratic senator from Georgia.

Smith is now in private practice. He plans to testify before the House Judiciary Committee on Jan. 20.

[jasmeel]

7. Oh, it sounds like the repub response will be - oh he worked

for Clinton? His beliefs about what is illegal are partisan and will be discounted.

[Judi Lynn]

5. Thanks for posting the story. Here are the members of the committee:

Republican Michigan
Ray LaHood Republican Illinois
Terry Everett Republican Alabama
Elton Gallegly Republican California
Heather Wilson Republican New Mexico
Jo Ann Davis Republican Virginia
Mac Thornberry Republican Texas
John McHugh Republican New York
Todd Tiahrt Republican Kansas
Mike Rogers Republican Michigan
Rick Renzi Republican Arizona
Jane Harman Democrat California
Alcee L. Hastings Democrat Florida
Silvestre Reyes Democrat Texas
Leonard L. Boswell Democrat Iowa
Robert E. (Bud) Cramer, Jr Democrat Alabama
Anna G. Eshoo Democrat California
Rush D. Holt Democrat New Jersey
C.A. Dutch Ruppersberger Democrat Maryland
John Tierney Democrat Massachusetts

http://intelligence.house.gov/MemberList.aspx

[jasmeel]

6. If something is illegal and we know who did it AND they are

still doing it proudly can't they be arrested?? I guess only in my fantasy world.

[truthisfreedom]

8. mr. smith, please stay out of small planes.

bushco hasn't killed anyone domestically lately, and they may be itchin' to make a point.

[underpants]

10. BREAKING Jeffrey Smith falls down

38 times in his own bathroom

[yellowdogmi]

11. Except for the retired NY Times reporter in DC

during the weekend. Post was up on DU
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2035024

[W2Hague]

12. George Respects the 4th Amendment

...except for the part that says he can't look up America's Collective Ass whenever he feels an urge.
A picture, in this case, is worth considerably more than 1000 words.

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D.L. Bruin