Daschle: Congress Denied Bush War Powers in U.S.

Washington Post ^ | December 23, 2005 | Barton Gellman

[West Coast Conservative]

The Bush administration requested, and Congress rejected, war-making authority "in the United States" in negotiations over the joint resolution passed days after the terrorist attacks of Sept. 11, 2001, according to an opinion article by former Senate majority leader Thomas A. Daschle (D-S.D.) in today's Washington Post.

Daschle's disclosure challenges a central legal argument offered by the White House in defense of the National Security Agency's warrantless wiretapping of U.S. citizens and permanent residents. It suggests that Congress refused explicitly to grant authority that the Bush administration now asserts is implicit in the resolution.

The Justice Department acknowledged yesterday, in a letter to Congress, that the president's October 2001 eavesdropping order did not comply with "the 'procedures' of" the law that has regulated domestic espionage since 1978. The Foreign Intelligence Surveillance Act, or FISA, established a secret intelligence court and made it a criminal offense to conduct electronic surveillance without a warrant from that court, "except as authorized by statute."

There is one other statutory authority for wiretapping, which covers conventional criminal cases. That law describes itself, along with FISA, as "the exclusive means by which electronic surveillance . . . may be conducted."

Yesterday's letter, signed by Assistant Attorney General William Moschella, asserted that Congress implicitly created an exception to FISA's warrant requirement by authorizing President Bush to use military force in response to the destruction of the World Trade Center and a wing of the Pentagon. The congressional resolution of Sept. 18, 2001, formally titled "Authorization for the Use of Military Force," made no reference to surveillance or to the president's intelligence-gathering powers, and the Bush administration made no public claim of new authority until news accounts disclosed the secret NSA operation.

[Rebelbase]

[msnimje]

This is why little Tommy Daschle now works at the Bismarck 7-11.

[Darkwolf377]

So let me get this straight: After 9-11, the first time we've been attacked in what everyone agrees is a new kind of war, the democrats explicitly denied the President the ability to fight that war in a new way, and wanted him to fight it as he would WW2, for example?

PLEASE run on this, Democrats!

[SouthTexas]

Didn't Daschle get fired?

[aynrandfreak]

the Bush administration made no public claim of new authority until news accounts disclosed the secret NSA operation

THAT'S BECAUSE IT WAS A SECRET!

[msnimje]

BUT, they support the troops.

[AZRepublican]

Who is Daschle?

[FlingWingFlyer]

I think that if Americans want any crap out of this loser, they'll unscrew his head and dip it out. Shut up Tommy! You're a loser. Losers don't get to play.

[WorkingClassFilth]

Well, well, well. Little Tommy's challenge to the big, bad Bush White House is factless, clueless and too, too late. You boys done lost this round, too. FDR on down been doing this kind of thing and most RATs have been doing things much looser and onerous than the current Executive. Suck it up, Tommy, your wife still has a decent job!

[MillerCreek]

Daschle is the guy who would be demanding continuing debate about war from the safety of a bomb shelter long after life above on earth was struggling to live after an attack.

[rawcatslyentist]

Timmy who??????

ABC CBS NBC CNN its all the SAME, Propaganda.
Might as well call them all AmeriJazerra.
Show them how much Gravitas Hugh Bris has. Vote with your remote! Shut down the Alphabet channels.

He's Got A Plan
Zippo Hero

Kill A Commie For Mommie
Seven Dead Monkeys Page O Tunes

[MillerCreek]

I bet Hillary is doing her idiot-in-the-background head-bopping thing at these comments by Daschle at this very moment.

[Darkwolf377]

Of course they do, they just don't want them fighting. Also, they don't want them having the tools to fight terror in this country. Other than that, though, they support the troops.

I am no optimist, but I am sensing that the dems have outwitted themselves. They are explicitly making themselves out to be the Don't Fight Terrorism Party.

[Waco]

What the RATS are saying is,,,,,Let us be in charge, let us run the war, let us handle the $$$$ or,,,,we'll help the enemy kill you and your kids and grandkids. we need to take them at their word on this.

[jwalsh07]

This is like manna from heaven. Dipstick admits that the democrats tied the CIC's hands when this nation was a battlefield. If the republicans can't make hay with this, they are lost.

[Choose Ye This Day]

Deeply, deeply saddened...

...that he lost.

[Wasanother]

Unless the congress adopted a constitutional amendment limiting the Presidential War Powers and it was passed by with 60 votes by the Senate then it doesn't count. The reason our Forefathers had the congress declare the war and the CIC execute the war was to keep a bunch of bureaucrats from micromanaging a war

[ATOMIC_PUNK]

http://www.freerepublic.com/focus/f-news/1545787/posts

Assistant Attorney General's Letters to Senate Intelligence Committee Regarding NSA Spying Program

Apparently NOT dumb ass dasshole

[jazusamo]

Daschle should save his sales pitches for selling those Fuller brushes.