Lynn Swann Holds Lead Over "Popular" Gov. Ed Rendell | Main | Cheney: Documents Will Show Close Saddam-Osama Tie
March 30, 2006

NYT Seriously Misrepresents FISA Judges' Testimony On NSA Intercepts

What a shock. The NYT and the particular reporter writing the story have both an ideological and professional interest in establishing that Bush acted illegally, and so they write the judges essentially said that.

What they actually said, among other things:

Senator Feinstein: Now I want to clear something up. Judge Kornblum spoke about Congress's power to pass laws to allow the President to carry out domestic electronic surveillance, and we know that FISA is the exclusive means of so doing. Is such a law, that provides both the authority and the rules for carrying out that authority, are those rules then binding on the President?

Judge Kornblum: No President has ever agreed to that. ***

Senator Feinstein: What do you think as a Judge?

Judge Kornblum: I think--as a Magistrate Judge, not a District Judge, that a President would be remiss in exercising his Constitutional authority to say that, "I surrender all of my power to a statute," and, frankly, I doubt that Congress, in a statute, can take away the President's authority, not his inherent authority, but his necessary and proper authority.

Senator Feinstein: I would like to go down the line if I could. *** Judge Baker?

Judge Baker: No, I do not believe that a President would say that.

Senator Feinstein: No. I am talking about FISA, and is a President bound by the rules and regulations of FISA?

Judge Baker: If it is held constitutional and it is passed, I suppose, just like everyone else, he is under the law too. ***

Senator Feinstein: Judge?

Judge Stafford: Everyone is bound by the law, but I do not believe, with all due respect, that even an act of Congress can limit the President's power under the Necessary and Proper Clause under the Constitution. ***

Chairman Specter: I think the thrust of what you are saying is the President is bound by statute like everyone else unless it impinges on his constitutional authority, and a statute cannot take away the President's constitutional authority. Anybody disagree with that?

[No response.]

Chairman Specter: Everybody agrees with that.

Sounds like the judges were saying, pretty clearly, that no act of Congress can take away an inherent power of the president. It's not established, exactly, that the President has such inherent power, but the judges didn't seem to reject the notion out of hand.


digg this
posted by Ace at 04:12 PM

| Access Comments




Recent Comments
auscolpyr: ""W" in 2000, I sweated blood and tears for him to ..."

Blue Hen: "Look over there-----------------> Winona in a bowl ..."

Jen the original: "Lets face it. Virtually all of the NFL today is ma ..."

Decimated: ">>*Quietly backs out of the room* Posted by ..."

Skandia Recluse: " JackStraw at October 19, 2017 04:07 PM I'm not ..."

alexthechick - Ragebunny. Hopping all around.: "[i]I had one swim up on me once when I was fishing ..."

AoSHQ Welcoming committee: "For whatever it is worth, I am pretty bored with A ..."

Christopher R Taylor: "If Jeb Bush had not run, then George W would proba ..."

Hairyback Guy: "Exit question: did Dredd Scott have a contract whe ..."

Pug Mahon: "At Fort Sill they would herd onto cattle cars to t ..."

JackStraw: ">>I have, indeed, gotten to see a manatee up close ..."

Jane D'oh: "Look over there-----------------> Winona in a b ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64