The Revolution is Not a Dinner Party

It's Just Lunch....or IS IT??

Monday, December 19, 2005

Alberto Gonzales on CNN this morning.

A-Gonz laid out the administration case. The main argument is going that the post-911 Congressional authorization of force trumps FISA. FISA applies to taps "unless otherwise authorized by Congress." They are relying on Article II as a fallback.

The Congressional authorization argument is retarded at best. Setting aside the whole distinction between "use of force" and "use of electronic surveillance," this has to be limited on its face to the immediate investigation of 911. If you need the statutory basis, its that "such persons" are the ones who "planned, authorized, committed, or aided." I'll bet a ham sandwich that the foreign surveillance continued against citizen islamists who the administration knew were not involved in 911. YOU CAN'T CRIMINALIZE A WORLDVIEW, bastards.

As to why "use of force" is different than "use of electronic surveillance," the fact is that Congress passed two different framework statutes for these two different aspects of foreign policy. The post-911 authorization explicitly references the force framework statute, it is silent on the surveillance statute.

If this all means that we finally have meaningful Congressional oversight again...I'll call it a wash. Otherwise, this is a fucking constitutional crisis of the highest order.

(a) In General.--That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any further acts of international terrorism against the United States by such nations, organizations or persons.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this resolution supersedes any requirement of the War Powers Resolution.


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