Sunday, January 29, 2006

BUSH AND EXECUTIVE POWERS RUN WILD

While watching President Bush’s most recent press conference I got see presidential power pushed to the max. Bush likes to say he’s following the constitution, but we are witnessing the biggest grab of power by a president since the Nixon.

Here’s an except from Jan 26, 2006 President Bush Press Conference:

Q Mr. President, though -- this is a direct follow up to that -- the FISA law was implemented in 1978 in part because of revelations that the National Security Agency was spying domestically. What is wrong with that law if you feel you have to circumvent it and, as you just admitted, expand presidential power?

THE PRESIDENT: May I -- if I might, you said that I have to circumvent it. There -- wait a minute. That's a -- there's something -- it's like saying, you know, you're breaking the law. I'm not. See, that's what you've got to understand. I am upholding my duty, and at the same time, doing so under the law and with the Constitution behind me. That's just very important for you to understand.

Secondly, the FISA law was written in 1978. We're having this discussion in 2006. It's a different world. And FISA is still an important tool. It's an important tool. And we still use that tool. But also -- and we -- look -- I said, look, is it possible to conduct this program under the old law? And people said, it doesn't work in order to be able to do the job we expect us to do.

And so that's why I made the decision I made. And you know, "circumventing" is a loaded word, and I refuse to accept it, because I believe what I'm doing is legally right.

Basically the last two sentences in paragraph two of Bush’s answer says he and his advisors looked at FISA and said they couldn’t work with it and decided to go around it. These people who have taken a sworn oath to obey the Constitution, but seem to not much care about for our civil rights.

When I heard Bush I said, “Then why don’t you re-write the law?!” I think the legislative branch, which is dominated by Republicans, would get behind him, but he doesn’t want to ask for permission. I believe it's because he feels constitutional scholars might put a damper on presidential powers.

The FISA law allows for three days of wire tapping before they have to approach the court, so there’s no excuse for not following the law. If you need to act quickly you can without producing the paperwork. Also, if Bush puts the need for wire taps under the war on terror, he can have fifteen days before getting warrant, so what’s the problem? The problem is, the Bush administration wants unrestrained power.

Folks, we’re looking at a violation of our constitutional rights in the name of the war on terrorism, which is a noble cause, but when the law gives you ways to work with it and you go around the laws, then you could be looking at impeachment proceedings. Unfettered surveillance of American citizens is a recipe ripe for all forms of abuse by one arm of the government and that’s why we have a constitutional right against unreasonable search and seizure.

To my conservative friends, I ask, do you want President Hillary Clinton to have unrestricted access to your phone calls, email and all other forms of communications in three years?

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