Vermont Senators Patrick Leahy and Jim Jeffords are
advocating an investigation of President Bush's warrantless surveillance program, as a precursor to a vote on Sen. Russ Feingold's
censure resolution.
Feingold's censure motion, introduced on March 13, accused Bush of violating the Constitution and the 1978
Foreign Intelligence Surveillance Act. The basis of the concern: that the program circumvented rules that say
the National Security Agency must obtain a warrant before proceeding.Leahy, a Democrat, and Jeffords, an Independent who often sides with Democrats, are making a second go at having the Senate investigate warrantless surveillance, after the Senate Intelligence Committee
voted along party lines against such an investigation.
Instead, Congressional Republicans cut a deal with the White House to provide Congressional oversight for warrantless surveillance.
“Sen. Feingold says he intended his resolution to prompt congressional investigations into the president’s actions on these issues. Republican leaders so far have been reluctant to allow that,” said David Carle, a Leahy spokesman. “Sen. Leahy believes in first things first, and the first thing is Congress doing its oversight duty in investigating the Bush administration’s illegal domestic wiretapping.”
***
JABBS has
argued in favor of the censure -- and believes Americans of all political stripes should stand up in favor of a president following the law. Unfortunately, support for the censure has been minimal, with only Tom Harkin (D-IA) and Barbara Boxer (D-CA) signing on to the measure, although other senators, such as Lincoln Chafee (R-RI) have said the censure motion should stimulate continued debate over the program.
As JABBS has
noted, the White House
claimed it had "inherent authority" to conduct such surveillance, but that argument was questionable, especially after the White House
supported legislation from Sen. Mike DeWine (R-OH) to "further codify" the surveillance program.
In other words, the White House wanted it both ways -- it wanted people to accept the program as legal, and to pass legislation to make it legal. That may sound illogical, but neither the White House nor Congressional Republicans seemed to care. As DeWine
said, "We don’t want to have any kind of debate about whether it’s constitutional or not constitutional."***
This item first appeared at
JABBS.