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.

[coon2000]

I think it is one of the reindeer

[conservative in nyc]

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

Little Tommy Daschle was so deeply saddened that he moved from South Dakota to North Dakota? I thought he really lived in the D.C. area anyway.

You know the Democrats have scraped the bottom of the barrel on this issue when losing candidates like little Tommy are leading the charge.

[AmeriBrit]

I'm not sure what this means exactly or where it would even fit in, but passing it along just in case!


http://www.fas.org/irp/agency/doj/fisa/092502sup.html

No. 02-001
IN THE UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE
COURT OF REVIEW

_______________

IN RE [deleted]

_______________

ON APPEAL FROM
THE UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT

_______________

SUPPLEMENTAL BRIEF FOR THE UNITED STATES

[p23185]

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

Congress needs to understand they can all be "Dashled".

[AmeriBrit]

Wouldn't someone have to be leaking information to him for him to know exactly what was going on?

[conservative in nyc]

Wouldn't someone have to be leaking information to him for him to know exactly what was going on?

Not to give his biased view about negotiations on the use of force resolutions.

[Paleo Conservative]

Well the voters of SD denied any power to Daschle.

[Paloma_55]

Let's see.. the prez asks for advice from the top legal enforcement agent in the US (Attorney General) and takes that advice...and somehow a schlock like Tom Daschle thinks that he broke the law willingly?!??

[SeeRushToldU_So]

who?

[Fenris6]

Powerline just finished exhaustive legal research on the legality of the NSA taps. Its a good read.

http://powerlineblog.com/archives/012631.php

[msnimje]

He was exiled from South Dakota.

[Prophet in the wilderness]

" BUT, they support the troops. " ....

Or this quote from the Dem-go-rats " How dare your question my patriotism "

[Prophet in the wilderness]

" 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. " ......

And this very thing,,, the Republicans should repeat, and hammer the Dem-go-rats in next years election, and 2008 in the fact that not only is it not just rhetoric that the Demo-go-rats are weak in national security, but, in fact they ARE WEAK on national security.

[Fledermaus]

Democrats, like Daschle, must have a huge discount at Home Depot and Lowe's. They keep buying shovels and using them.

[Arizona Carolyn]

And this guy really plans to run for President in '08?

[EricT.]

Hey Daschle:

"Yes, I'll have fries with that."

[MillerCreek]

He's got history with national security...unfortunately we now see as to why.

[freema]

dems have outwitted themselves LMAO!

[okie01]

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

Wrong Dakota. Little Tommy would be employed by the Aberdeen 7-Eleven.

[Darkwolf377]

Granted, they don't have much to outwit themselves WITH... ;)