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Daschle: Congress Denied Bush War Powers in U.S.
Washington Post ^ | December 23, 2005 | Barton Gellman

Posted on 12/22/2005 8:50:01 PM PST by 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.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; Front Page News; Government; News/Current Events; Politics/Elections; US: South Dakota; War on Terror
KEYWORDS: bush; congress; daschle; fisa; homelandsecurity; nsa; obstructionistdems; patriotleak; president; senate; september11; spying; terrorism; warpower; wiretaps
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To: Choose Ye This Day
So it looks like the lefty press has found their "Respected Elder Statesman" replacement when Jimmy kicks.

Wonder which dictator Daschle will cuddle up to first on the road to his Tookie (aka The Nobel Peace Prize)?

41 posted on 12/22/2005 11:02:27 PM PST by Darkwolf377 (Warning: Adult language, but great Christmas message: http://foamy.libertech.net/noxmas.swf)
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To: West Coast Conservative

Ah, I remember this guy. Amazing how quickly he faded after being such a nuisance. Dingy Harry is no better, however.


42 posted on 12/23/2005 12:37:47 AM PST by Republican Wildcat
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To: West Coast Conservative

ping


43 posted on 12/23/2005 12:46:53 AM PST by AnimalLover ( ((Are there special rules and regulations for the big guys?)))
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To: Arizona Carolyn

He does? You've got to be kidding me.


44 posted on 12/23/2005 12:51:05 AM PST by Choose Ye This Day (Win the war. Confirm the judges. Cut the taxes. Control the spending. Secure the border.)
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To: Arizona Carolyn
Oh PLEASE tommy boy..PLEASE PLEASE PLEASE run for President..Pretty Please..
and pick Durbin the Turban for your running mate..
45 posted on 12/23/2005 1:10:16 AM PST by concretebob (We should give anarchists what they want. Then we can kill them and not worry about jailtime.)
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To: Darkwolf377

Actually, I think that during WWII no one ever seriously challenged the President's authority to -- well-- do whatever he thought was right like, for example, interning millions of American citizens in camps based on their ancestry. Now, let's see, what's more invasive of my rights? Eavesdropping ? Internment? Hmmmmm.


46 posted on 12/23/2005 2:01:32 AM PST by SusanD
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To: okie01
Wrong Dakota. Little Tommy would be employed by the Aberdeen 7-Eleven.

No, he has been kicked out of South Dakota furthering his humiliation.
47 posted on 12/23/2005 4:05:56 AM PST by msnimje (Political Correctness -- An OFFENSIVE attempt not to offend.)
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To: West Coast Conservative


Fine. Now I have a good idea. President Bush can sign an executive order refusing to allow the Senate to filibuster.


48 posted on 12/23/2005 5:12:03 AM PST by RonnG
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To: concretebob; Choose Ye This Day

Well, he's been hanging out in Iowa -- along with Kerry and a half-dozen others, one thing I read on Drudge is he's been there more than anyone because he has so much time on his hand these days ~LOL~


49 posted on 12/23/2005 7:16:14 AM PST by Arizona Carolyn
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To: West Coast Conservative
It's very interesting that Daschle has indicated that he was for violating the constitution by restricting the Presidential Constitutional Obligations to protect Americans from enemies foreign and domestic.
50 posted on 12/23/2005 7:17:31 AM PST by Wasanother (Terrorist come in many forms but all are RATS.)
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To: West Coast Conservative
Daschle has a talk radio show now with 2 listeners.
51 posted on 12/23/2005 7:17:47 AM PST by b4its2late (Liberals are good examples of why some animals eat their young.)
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To: 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?

Seems like the murder of 3,0000 citizens mean nothing to them

Congressmen Dingle is on FNC at the moment agreeing with Dashole and saying the WH should hand over documents of these taps so they can see them

52 posted on 12/23/2005 7:18:49 AM PST by Mo1 (Republicans protect Americans from Terrorists. Democrats protect Terrorists from Americans)
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To: West Coast Conservative

So, what Tiny Tommy is claiming is that the Dims thought this whole thing through, and purposely, intentionally decided that the Commander in Chief should not have the power to protect Americans from terrorists and terrorist sympathizers entrenched inside the USA?

Please let that be what he's saying. If so, the Republicans will gain super-majority status in short order.


53 posted on 12/23/2005 7:23:45 AM PST by savedbygrace (SECURE THE BORDERS FIRST (I'M YELLING ON PURPOSE))
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To: Rebelbase

How's Tom's Radio Show doing these days?

A clip from Tom's show (courtesy of Rush Limbaugh and Paul Shanklin)...

54 posted on 12/23/2005 7:29:24 AM PST by COBOL2Java (The Katrina Media never gets anything right, so why should I believe them?)
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To: AZRepublican

I'm deeply saddened that you don't know little Tommy.


55 posted on 12/23/2005 7:32:30 AM PST by tiki
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To: West Coast Conservative
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.

So, you were okay with authorizing the President to kill suspected Al Qaida members, but you're not okay with wiretap ping their phones?

Intelligence collection is an integral part of 'using military force'. That would be like saying, 'We only authorized the President to kill Al Qaida members, so long as they don't find out who the are first'.

56 posted on 12/23/2005 7:33:24 AM PST by Steel Wolf (* No sleep till Baghdad! *)
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To: West Coast Conservative

The post has been very heavy handed lately. All they is report false charges by democrats anymore.


57 posted on 12/23/2005 7:35:30 AM PST by KC_Conspirator
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To: savedbygrace
That was a calculated attempt to make the President liable for any further acts of terrorism.
Ann said it best:

Any CIC who DID NOT do anything and everything, including eavesdropping on phone calls, would have been impeached for derliction of duty.
The dims have a sutble way of making everything a double-edge..Ignore their vote, and he's a villian out to strip every Constitutional protection ever written.
These a$$holes are out to get the President, and they will sacrifice our security to do it.
They will get everyone of us killed before this is over.

58 posted on 12/23/2005 7:40:01 AM PST by concretebob (We should give anarchists what they want. Then we can kill them and not worry about jailtime.)
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To: savedbygrace
I screwed up an html tag..repost

That was a calculated attempt to make the President liable for any further acts of terrorism.
Ann said it best:

Any CIC who DID NOT do anything and everything, including eavesdropping on phone calls, would have been impeached for derliction of duty.

The dims have a sutble way of making everything a double-edge..
They don't give the CIC the powers he needs, but if he abides by their vote, he's failed to keep Americans safe.
Ignore their vote, and he's a villian out to strip every Constitutional protection ever written.
These a$$holes are out to get the President, and they will sacrifice our security to do it.
They will get everyone of us killed before this is over.

59 posted on 12/23/2005 7:42:40 AM PST by concretebob (We should give anarchists what they want. Then we can kill them and not worry about jailtime.)
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To: West Coast Conservative

Physical and mental runts are allowed opinions and opinions are not facts. Little Tommie, whose wife was on the lobbyist gravy train all the time he was in the Senate has no credibility on any matters other than knowing where the nearest restroom happens to be.


60 posted on 12/23/2005 7:43:42 AM PST by hgro (A)
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