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 ...
I wasn't saying that it was, especially since, as dodgedart74 pointed out, Bush signed the law in question and then promptly said he would disregard a section of it. So the debate degrades, as has our system of governance, into a debate whether this was a necessity or opportunistic - but to simply say that the president should be absolutely bound to what Congress dictates is dangerous in this age of a moribound system of checks and balances. That is the point I was trying to make, that it is flawed to simply say that a president should follow the law when so many are flawed.
I don't know why all these folks aren't all demanding that Congress be eliminated....
Uh, they'd no longer have pork to barbeque after a long day's writing daisy chain letters and working on the election of yet another strident Pro-Lifer of the "I'm Personally Opposed, BUT ..." party?
I'm curious if it is against the law for Congress to leak intelligence info, seeing as they exempt themselves from just about every other law they pass. I would be more inclinded to support your point of view here if there were clear, enforceable sanctions against leaky members of Congress in this matter. Maybe someone else can provide an answer, I don't know.
Your posting of this is self-contradictory. By posting this, you ARE paying attention to me already.
But then, self-contradiction is inherant to being a Bushie. For liberty in the abstract, and yet cheering on tyranny in practice, I'm surprised that such internal self-contradictions don't carry you all right up to (and even across) the very threshold of insanity. But then, maybe it already has. After all, isn't believing in X and not X simultaneously the very definition of irrationality?
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Here it is, the law he is supposedly breaking. It seems to me that what he reports is up to him but, like I said, I'm no lawyer.
My question to all is, how do you accuse W of anything without even reading the law?
(b) FORM AND CONTENTS OF CERTAIN REPORTS- Any report relating to a significant anticipated intelligence activity or a significant intelligence failure that is submitted to the intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following:
I have a question about the excerpt:
"...to the intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following:"
What does subsection(a) (1) say?
"For the purposes of" may imply the reason for submitting the report in the first place.
Now, now, don't go confusing the little dear with the facts, they make him sneeze...
Here are some relevent facts:1)Laws and Rules are indeed different and Rules are regularly created AFTER the laws are passed;2) the constitution gives control of the executive branch to the president (not Congress no matter how many laws it passes to the contrary); and intelligence agencies are in the executive branch;3) we don't have a copy of the law so that we can see the EXACT language; not the language of some ignorant left wing republican hater but what is really IN the law;4) the media and democrats (and the platoon of the perpetually p.o.ed, such as you, Arator, rowdee etc.) are desperately seeking a wedge to drive between Bush and the people for fear that the Rats will get creamed in the next elections.
Given all that I would think that a thoughtful individual would be a bit cautious before running his mouth.
TITLE 50, CHAPTER 15, Sec. 413a.Sec. 413a. - Reporting of intelligence activities other than covert actions
To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall -(1)
keep the intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 413b(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and(2)furnish the intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.
TITLE 50, CHAPTER 15, Sec. 413a.Sec. 413a. - Reporting of intelligence activities other than covert actions
(a)
In General.--To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall -(b)(1)
keep the intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 413b(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and(2)furnish the intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.Form and Contents of Certain Reports.--Any report relating to a significant anticipated intelligence activity or a significant intelligence failure that is submitted to the intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following:(c)(1) A concise statement of any facts pertinent to such report.
(2) An explanation of the significance of the intelligence activity or intelligence failure covered by such report.Standards and Procedures for Certain Reports.--The Director of Central Intelligence, in consultation with the heads of the departments, agencies, and entities referred to in subsection (a), shall establish standards and procedures applicable to reports covered by subsection (b).
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
December 28, 2001
STATEMENT BY THE PRESIDENT Today, I have signed into law H.R. 2883, the "Intelligence Authorization Act for Fiscal Year 2002." The Act authorizes appropriations to fund United States intelligence activities, including activities essential to success in the war against global terrorism. Regrettably, one provision of the Act falls short of the standards of comity and flexibility that should govern the relationship between the executive and legislative branches on sensitive intelligence matters and, in some circumstances, would fall short of constitutional standards.
Section 305 of the Act amends section 502 of the National Security Act of 1947, which relates to executive branch reports to the Congress under the intelligence oversight provisions of the National Security Act. Section 305 purports to require that reports submitted to the congressional intelligence committees by the executive branch on significant anticipated intelligence activities or significant intelligence failures always be in written form, with a concise statement of facts pertinent to the report and an explanation of the significance of the activity or failure.
Section 502 of the National Security Act as amended by section 305 of the Act shall be construed for all purposes, specifically including for the purpose of the establishment of standards and procedures under section 502(c) of the National Security Act by the Director of Central Intelligence, in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Section 502 shall also be construed in a manner consistent with the statutory responsibility of the Director of Central Intelligence to protect intelligence sources and methods and other exceptionally sensitive matters.
GEORGE W. BUSH
THE WHITE HOUSE,
December 28, 2001.
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