40 page Justice Department document RE: spying, declared legal...

[babylonsister]

UPDATED: In a detailed 40-page legal memorandum set for release this evening the Bush Justice Department will defend the President's warrantless wiretap program as legal. A copy of the document was leaked to RAW STORY.

"The NSA activities are supported by the President’s well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States," Justice Department lawyers write, referring to the President's order to wiretap Americans' calls overseas.

It adds, "The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility."

more...

http://rawstory.com/news/2005/Justice_Department_to_declare_warrantless_wiretaps_0119.html

[JuniperLea]

1. Beautiful

Starts out with a blatant lie... they think the world is stupid.

[MrModerate]

2. Under Bush, any distinction between the Chief Counsel and . . .

the Justice Department has been lost.

[Call me Deacon Blues]

3. If the Dems had any guts at all (which they don't)

they would shut the f*cking government DOWN.


Impeach the Media!

[Gman]

4. Just because they say so

doesn't in the least make it legal.

[Vickers]

5. "conduct warrantless surveillance of enemy forces" Why not ARREST them?

:shrug:

If they KNOW they are "enemy forces" AKA American citizens accused of nothing :eyes: why don't they just walk up there and say, "You are under arrest for (insert charge here)" ?

[opusprime]

6. From the article...

"The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility."


No he doesnt. The Constitution is very clear on this. The President's primary responsibility is to protect the Constitution, not the American people. No where in the Constitution does it say that the President has any responsibility to protect America from attack, nor does it give him any power to 'protect' us.

From the Constitution, Article 2:

Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

[m_welby]

7. when they go through the trouble of creating a 40 page document

defending their actions they know it was completely illegal.

They're concerned and this is getting thrown out there to muddy the waters and quell any questioning.

[Lerkfish]

8. ah...this explains the TIMING of the osama tape, n'est-ce pas?

the pattern is clear. Threat, followed by justification of illegal spying in order to fight that threat.

Couldn't have been planned any better, eh?

on might even say it was strategically planned.

[rodeodance]

9. "and sole organ for the Nation "--te he- I could play with this wording.

"The NSA activities are supported by the President’s well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States," Justice Department lawyers write, referring to the President's order to wiretap Americans' calls overseas.

It adds, "The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility."

[BR_Parkway]

20. Sole organ for the Nation? Shrub thinks he has a Clenis now?

Wow, talk about delusions of grandeur.

[Generator]

10. Between Alito, Iraq, Iran and this

I'm losing all hope. Oh and Osama..basically is this the coded message from the neo-cons to expect an attack? Meanwhile..the congress is having hearings on PORN! All this stupid ass country cares about is sex, apparently, never having graduated from age 16 in the mindset. I really think it's end times for whatever myth I had of America being a good place. It's fascinating to watch in a way..but sickening..what future do our children have in this place with no real values and made up ones and fear fear fear?

[rodeodance]

11. Recommend It:

[rodeodance]

12. any hearing will be boring as Gonzalas will just spit out the contents of

this doc.

[kentuck]

13. Desperate....transparently so....

Covering their tracks... They're thinking about jailtime and it's worrying them...But jail is too good for their lying asses. They are worse than the Nixon Adminsitration.

<snip>
In a detailed 40-page legal memorandum set for release this evening the Bush Justice Department will defend the President's warrantless wiretap program as legal. A copy of the document was leaked to RAW STORY.

"The NSA activities are supported by the President’s well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States," Justice Department lawyers write, referring to the President's order to wiretap Americans' calls overseas.

It adds, "The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility."

K & R !

[welshTerrier2]

14. "inherent constitutional authority" to ignore the Constitution

if the President, any President, can argue that he has the right to do anything he wants because we MIGHT be defending ourselves from "armed attacks on the United States", then there is virtually no point in having a Constitution at all ... if the "unitary executive" can ignore the separation of powers the Constitution demands, then who needs a legislative or judicial branch as a check and balance on his authority??

this is exactly why Alito cannot be allowed to serve on the Supreme Court ... he will rubberstamp Executive Branch tyranny ...

[kentuck]

17. And why the Justice Dept cannot be trusted for an honest investigation

And why Al Gore was absolutely right. We need an Special Counsel now. This is proof, as far as I am concerned.

[peekaloo]

15. I stopped reading after "Bu$h Justice Department"

la la la la la la la la

[rodeodance]

16. sometimes it is an oxymoran

[McCamy Taylor]

18. So what if the president's counsel says its legal. Need SPECIAL da.

[RethugAssKicker]

19. "conduct warrantless surveillance of enemy forces "....so are we

the American people "enemy forces"?