Opps. that ws NOT a comment from Hayden. It appears to be an assertion of the reporter. Either way, it takes the minority view on this thread.
http://www.freerepublic.com/focus/f-news/1543806/posts
Thank You for Wiretapping (WSJ Editorial - Nails It)
Opinion Journal ^
Posted on 12/20/2005 12:36:39 AM CST by indianrightwinger
Thank You for Wiretapping Why the Founders made presidents dominant on national security.
Tuesday, December 20, 2005 12:01 a.m. EST
Wisconsin Democrat Russ Feingold wants to be President, and that's fair enough. By all means go for it in 2008. The same applies to Lindsey Graham, the South Carolina Republican who's always on the Sunday shows fretting about the latest criticism of the Bush Administration's prosecution of the war on terror. But until you run nationwide and win, Senators, please stop stripping the Presidency of its Constitutional authority to defend America.
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The courts have been explicit on this point, most recently in In Re: Sealed Case, the 2002 opinion by the special panel of appellate judges established to hear FISA appeals. In its per curiam opinion, the court noted that in a previous FISA case (U.S. v. Truong), a federal "court, as did all the other courts to have decided the issue [our emphasis], held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." And further that "we take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."
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