Vital Presidential Power

Bush Addresses Uproar Over

Spying
‘This Is a Different Era, a Different War,’ He Says as Some Lawmakers Seek Probe
By Peter Baker and Charles Babington,

Washington Post Staff Writers

“It was a shameful act for someone to disclose this very important program in a time of war,” he

said. “The fact that we’re discussing this program is helping the enemy.”

Text: Bush News Conference

Bush: I want to

make sure the American people understand, however, that we have an obligation to protect you, and we’re doing that and

at the time protecting your civil liberties. Secondly, an open debate about law would say to the enemy, ‘Here’s what

we’re going to do.’ And this is an enemy which adjusts.

QUESTION: You say you have an obligation to protect us. Then why not

monitor those calls between Houston and L.A.? If the threat is so great and you use the same logic, why not monitor those calls?

Americans thought they weren’t being spied on in calls overseas; why not within the country if the threat is so great?

BUSH: We

will, under current law, if we have to. We will monitor those calls.

Vital Presidential Power

This is not an argument for an

unfettered executive prerogative. Under our system of separated powers, Congress has the right and the ability to judge whether President

Bush has in fact used his executive discretion soundly, and to hold him responsible if he hasn’t. But to engage in demagogic rhetoric

about “imperial” presidents and “monarchic” pretensions, with no evidence that the president has abused his discretion, is foolish and

irresponsible.

[William Kristol is editor of the Weekly Standard.]

WEBCommentary(tm) – Bush Goes on

Offense…Finally

During Monday’s presser, Bush could be seen attempting to suppress his anger over the leaking of the NSA

operation. Hopefully he will call for a special prosecutor to investigate this truly damaging leak. He must stay on the

offensive. We spent two years investigating the leak of a bozo’s CIA wife’s name. These were two people using the CIA for

their own politically leftist agenda, yet the Democrats and their lapdogs in the news media displayed feigned concern regarding

national security over the woman’s identity being revealed.

As expected, liberals from the Democrat and Republican parties

called for congressional investigations into President Bush’s decision after the September 11, 2001, terrorist attacks to allow domestic

eavesdropping without court approval. They appeared disinterested in finding out the truth about the leaker in this obvious case

of treachery. …

Now that Bush and his administration are finally taking the offense, they should deal with the liberals

and backstabbers in their own party. And keep up the pressure to investigate the New York Times hack who broke the story and find out the

identities of the treasonous leakers. The media want a special prosecutor leak investigation? Give ’em one they can choke on, Mr.

President. — Jim Kouri, CPP

[mjh: The famously “leftist” New York Times capitulated to a presidential request

to keep silent on this domestic spying for more than a year.]

Bush Addresses Uproar Over

Spying
‘This Is a Different Era, a Different War,’ He Says as Some Lawmakers Seek Probe
By Peter Baker and Charles Babington

Washington Post Staff Writers

Nor did he explain why the current system is not quick enough to meet the needs of the fight

against terrorism. Under the Foreign Intelligence Surveillance Act, the NSA in urgent situations can already eavesdrop on international

telephone calls for 72 hours without a warrant, as long as it goes to a secret intelligence court by the end of that period for

retroactive permission. Since the law was passed in 1978 after intelligence scandals, the court has rejected just five of

18,748 requests for wiretaps and search warrants, according to the government.

Imperial Assumptions By

Eugene Robinson

It seems that the Imperial Presidency has been restored. The nation’s highest office was cut down to

constitutional size three decades ago, when Richard Nixon helicoptered out of town, but listening to George W. Bush in his latest come-

out-swinging media blitz has been like an audience with an impatient monarch whose ungrateful subjects won’t just shut up and do as he

says.

On Saturday, he was wrathful. How dare someone reveal that for years his administration has been eavesdropping on the phone

calls and e-mails of American citizens? How dare the New York Times publish its story about the illegal surveillance?

Investigations would be convened, he warned, and the leakers could be outed.

Unauthorized Snooping

[Washington Post Editorial]

[I]f Mr. Bush claims the authority to defy acts of Congress, he invites a constitutional clash of the

highest order. In a constitutional democracy, laws are meant to be followed until they can be changed — even laws that, a president

feels, encumber his ability to wage war. …

Attorney General Alberto Gonzales … acknowledged that the administration discussed

introducing legislation explicitly permitting such domestic spying but decided against it because it “would be difficult, if not

impossible” to pass.

Civil liberties

don’t matter much ‘after you’re dead,’ Cornyn says on spy case By Jonathan Allen

“None of your civil liberties matter

much after you’re dead,” said Sen. John Cornyn (R-Texas), a former judge and close ally of the president who sits on the

Judiciary Committee.

Sen. Russ Feingold (D-Wis.), who has led a bipartisan filibuster against a reauthorization of the Patriot

Act, quoted Patrick Henry, an icon of the American Revolution, in response: “Give me liberty or give me death.”

He called Cornyn’s

comments “a retreat from who we are and who we should be.”

Cornyn, who agreed with the White House analysis

of the president’s powers, called for an investigation into how the Times obtained its information.