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Bush to Ignore Rule on Written Notices of Intelligence Actions
Bloomberg.com ^ | Dec. 28 , 2001 | Heidi Przybyla

Posted on 01/03/2002 9:50:13 AM PST by 74dodgedart

Edited on 07/19/2004 2:09:20 PM PDT by Jim Robinson. [history]

Crawford, Texas, Dec. 28 (Bloomberg) -- President George W. Bush said he'll use presidential authority to sidestep a rule requiring his administration to provide Congress with written notice of U.S. intelligence activities.

Bush made the announcement in signing the intelligence authorization act for fiscal year 2002, which includes an amendment stating that reports to Congress should ``always be in written form.''


(Excerpt) Read more at quote.bloomberg.com ...


TOPICS: Crime/Corruption; News/Current Events
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To: dirtboy
...""To whomever Congress' wants. Congress could pass a law requiring the head of the CIA to wear a purple suit and give a massage to the Senator of Rhose Island"...

..."No need to waste further time here. Every agency in the federal government reports to the President. EVERY ONE. And that is not because Congress says so, but because the Constitution mandates such. I won't bother with your posts any more, rant away at me all you want"....

Wouldn't it be much better to read the Constitution before getting upset and closing or going off on rants?

Article 1, Section 8, Clause 18: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department, or fficer thereof".

The last 7 words speak volumes...."or officer" includes the President of the United States!

141 posted on 01/03/2002 4:12:23 PM PST by Rowdee
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To: Rowdee
Translation: Section 305 of the new act amends section 502 of the National Security Act of 1947 (section 502 of the 1947 Act = 50 U.S.C. 413a).
142 posted on 01/03/2002 4:16:34 PM PST by Sandy
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To: Sandy
So then, Bush can just hand them a yellow post-it note stating that the $$$ went to intelligence operations...period.

What I am reading here is that they want details on the particulars of the operations.

Maybe next year, they'll decide that they get oversight on military maneuvers and military actions, that will be a very efficient way to run things. Have the Generals etc, send written proposals to Congress as to how they plan to defeat the enemy.

We have Congress demanding information as to how decisions to prosecute, or not prosecute, were reached at the DoJ, now they want oversight over the wartime powers of the President. They are creating a super majority rule where none exists. Next, they will demand oversight on the Judicial Branch, and demand to be included in the deliberations of the SCOTUS.

Wow! Daschle is re-inventing the Parliament! With more muscle.

143 posted on 01/03/2002 4:29:43 PM PST by Luis Gonzalez
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To: backup
"Does anyone at FreeRepublic ever read the friggin constitution?"

Why the heck should I, when every little jerk-water comes around every five minutes to re-interpret what I just read for me?

144 posted on 01/03/2002 4:36:43 PM PST by Cyber Liberty
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To: Sandy
The big problem for Bush could be "(2) traditional diplomatic or military activities or routine support to such activities; ", I can see where that's broad enough to be an unconstitutional intrusion into the Executive.

The reporting requirements were not in the House bill, but the Senate Bill was reported unaimously by the Intelligence Committee, and the House agreed to the requirement (IOW: I don't see any strange political game going on- like a Dem attempt to embarasss Bush).

Icouldn't find any debate of this reporting requirement.
I did find this statement of Levin's after the Senate precursor bill (S. 1428)was reported out by Armed Services:

"S. 1428, with its associated report (S. Rept. 107-63) and classified annex, contains numerous provisions requiring the preparation and submission of various reports, reviews, studies and plans concerning all facets of U.S. intelligence activities. Many of these reporting requirements include all, or elements of, Department of Defense intelligence-related activities over which the Senate Select Committee on Intelligence and Armed Services Committee share oversight. The committee believes that all relevant oversight committees should receive these important reports, and that the Department of Defense should be consulted in the conduct and preparation of such reports, reviews, studies and plans that involve Department of Defense intelligence-related activities. The committee proposes an amendment to S. 1428, as reported by the Senate Select Committee on Intelligence, that would clarify the requirement for consultation with appropriate defense officials and ensure that all relevant oversight committees are recipients of information on activities within their respective jurisdictions. "

145 posted on 01/03/2002 4:48:06 PM PST by mrsmith
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To: mrsmith
Armed Services and Intelligence had co-jurisdiction of the bill.
146 posted on 01/03/2002 5:00:38 PM PST by mrsmith
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To: Luis Gonzalez
What I am reading here is that they want details on the particulars of the operations.

Maybe, maybe not; that's irrelevant. They're not asking for any more info than they already receive. They're simply asking for it in written form. The provision in question originated in the Senate Select Committee on Intelligence. I have no idea who actually wrote it or why. In the Senate Committee report, the analysis/discussion of section 305 is as follows:

Section 305 amends the National Security Act of 1947 to require that notifications to Congress of intelligence activities and intelligence failures be made in writing and contain a concise statement of facts pertinent to the report and an explanation of the significance of the intelligence activity or failure covered by the report. This section also requires the Director of Central Intelligence to establish standards and procedures applicable to such reports. This section is designed to bring clarity and uniformity to an essential element of congressional oversight of the Intelligence Community. While not intended to increase or change reporting requirements, it is designed to ensure that reports made pursuant to the National Security Act are properly memorialized and consistent in form and content. The Committee notes that this provision is not intended to discourage prompt oral notifications, but requires that they be followed immediately by a written report fulfilling the requirements of this section.

147 posted on 01/03/2002 5:03:06 PM PST by Sandy
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To: mrsmith
I don't see any strange political game going on

Me neither. This looks like much ado about nothing to me.

As if Congress actually does any useful oversight anyway...

148 posted on 01/03/2002 5:14:19 PM PST by Sandy
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To: Sandy; Luis Gonzalez; dirtboy; mrsmith
If I'm reading Bush's statement correctly, hair-trigger Bush-bashers are reacting with their usual eagerness to a liberal media headline. Bush does not say he will ignore the rule but that in following it he will interpret it in the context of his own Constitutionally mandated responsibilities and other statutes which require discretion about intelligence sources and agencies.

This sounds like business as usual amongst the separated powers, not the long-awaited but somehow perpetually postponed coup d'etat establishing the Bushid Dynasty (as prophesied in the Oracles of Paeleodamus).

The idea that only the Supreme Court has the authority to have an opinion on the constitutionality of acts of Congress is a liberal nostrum that has helped turn the Court into a danger to the republic; it has only held sway for half a century or so, and conservatives ought to be ashamed to have any truck with it. Here is a scholarly sort of First Things article with the relevant information:

How the Court Became Supreme

Bush is entirely right, indeed obligated, to resist any form of compliance with this rule that would, in his best judgment, interfere with his performance of his duties as Chief Executive and Commander in Chief.

Luis, good point about Daschle and creeping Parliamentary supremacy, even if this isn't exactly a case of it. There is the threat to the separation of powers, not Bush. But I suppose the Congressional supremists on this thread must welcome his initiatives to turn back the insidious King George and his drive to reinstate the Divine Right of Kings.

I've been sick about half of this year and haven't even had the energy to lurk much. Nice to see that war and world upheaval haven't changed the basic structure of life and argument on FR.

149 posted on 01/03/2002 5:48:43 PM PST by Southern Federalist
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To: Torie
Do you have an opinion on this? Seems like much ado about very little to me.
150 posted on 01/03/2002 7:23:44 PM PST by jwalsh07
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To: jwalsh07
Oh gosh, I'm no constitutional scholar (unlike most here at FR I am acutely aware of my own ignorance), and what is the question? Post 40 seemed to deal with whether laws requiring the executive branch to keep the legislative branch informed are unconstitutional. If not is the question, I am almost certain that such laws are not unconstitutional, and indeed if they were, that would strike at the heart of our system. But perhaps that isn't the question.
151 posted on 01/03/2002 7:29:34 PM PST by Torie
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To: Torie
The question at hand was whether or not President Bush was slouching towards tyranny by questioning the wisdom of the rule changes which require the POTUS to report, "in writing", the goings on of the intelligence community to that sieve known as Congress.
152 posted on 01/03/2002 7:49:55 PM PST by jwalsh07
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To: malador
For your reading pleasure.....
153 posted on 01/03/2002 7:50:46 PM PST by Rowdee
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To: jwalsh07
Wasn't there some rule versus law chit chat going on? I didn't really focus on it, and am not sure what it means. But if Congress passes a law that says that Bush must spill his guts, unless executive privilege is in play, I suspect that he must. Of course, in times of national emergency, sometimes the executive says screw the law, at least his actions reflect that. Lincoln did it with habeas corpus. The check for that case is impeachment. If there is no constituency for that, then the executive holds the trump cards.
154 posted on 01/03/2002 7:55:20 PM PST by Torie
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To: William Wallace; Victoria Delsoul; Southern Federalist
WW, Victoria, look! Sometimes the good ones do come back after all.

You have been sorely missed my friend, hope all is well with your health now.

Luis

155 posted on 01/03/2002 8:43:44 PM PST by Luis Gonzalez
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To: ratcat
"Bush must be trying to protect Clinton's mafia buddies..."

Or perhaps, what is the most likely case, Bush is trying to protect the concept of separation of powers, and stave back an ever encroaching congress.

Congress should spend more time concerning itself with its own piss poor performance, and less about everyone else's. But then again, that would mean having to face up to their unbelieveable shortcomings.

156 posted on 01/03/2002 8:48:24 PM PST by Luis Gonzalez
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To: Torie; Southern Federalist
Good Lord! Two of my very favorite posters on the same thread.

What a way to start a New Year!

157 posted on 01/03/2002 8:53:18 PM PST by Luis Gonzalez
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To: 74dodgedart
I'm glad the President is doing this - those congresscritters don't know when to keep their big mouths shut.
158 posted on 01/03/2002 8:54:17 PM PST by Sueann
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Comment #159 Removed by Moderator

Comment #160 Removed by Moderator


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