posted                      

quote:

---

Bush Thwarted Probe Into NSA Wiretapping

President Bush effectively blocked a Justice Department investigation of the National Security Agency's warrantless surveillance program, refusing to give security clearances to attorneys who were attempting to conduct the probe, Attorney General Alberto R. Gonzales said yesterday.

Bush's decision represents an unusually direct and unprecedented White House intervention into an investigation by the Office of Professional Responsibility, the internal affairs office at Justice, administration officials and legal experts said. It forced OPR to abandon its investigation of the role Justice officials played in authorizing and monitoring the controversial NSA eavesdropping effort, according to officials and government documents.

"Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving Executive Branch programs and has obtained access to information classified at the highest levels," the office's chief lawyer, H. Marshall Jarrett, wrote in a memorandum released yesterday. "In all those years, OPR has never been prevented from initiating or pursuing an investigation."

In testimony yesterday to the Senate Judiciary Committee, Gonzales said that in matters involving access to classified programs, "the president of the United States makes the decision."

"The president decided that protecting the secrecy and security of the program requires that a strict limit be placed on the number of persons granted access to information about the program for non-operational reasons," Gonzales wrote in a related letter sent to the committee's chairman, Sen. Arlen Specter (R-Pa.). "Every additional security clearance that is granted for the [program] increases the risk that national security might be compromised."

The eavesdropping program, begun after the Sept. 11, 2001, attacks and revealed in news reports last December, allows the NSA to intercept telephone calls and e-mails between the United States and locations overseas without court approval if one of the parties is suspected of links to terrorist groups. It is the focus of several lawsuits and months of wrangling between the administration and Congress over its legality.

---

posted                      

quote:

---

Originally posted by Jason Abbadon:
When does an undeclared war end?

---

posted                      

quote:

---

Bush Grants Self Permission To Grant More Power To Self

August 1, 2006 | Issue 42�31

WASHINGTON, DC�In a decisive 1�0 decision Monday, President Bush voted to grant the president the constitutional power to grant himself additional powers.

"As president, I strongly believe that my first duty as president is to support and serve the president," Bush said during a televised address from the East Room of the White House shortly after signing his executive order. "I promise the American people that I will not abuse this new power, unless it becomes necessary to grant myself the power to do so at a later time."

The Presidential Empowerment Act, which the president hand-drafted on his own Oval Office stationery and promptly signed into law, provides Bush with full authority to permit himself to authorize increased jurisdiction over the three branches of the federal government, provided that the president considers it in his best interest to do so.

"In a time of war, the president must have the power he needs to make the tough decisions, including, if need be, the decision to grant himself even more power," Bush said. "To do otherwise would be playing into the hands of our enemies."

Added Bush: "And it's all under due process of the law as I see it."

In addition, the president reserves the right to overturn any decision to allow himself to increase his power by using a line-item veto, which in turn may only be overruled by the president.

----

---

quote:

---

White House Proposal Would Expand Authority of Military Courts

A draft Bush administration plan for special military courts seeks to expand the reach and authority of such "commissions" to include trials, for the first time, of people who are not members of al-Qaeda or the Taliban and are not directly involved in acts of international terrorism, according to officials familiar with the proposal.

The plan, which would replace a military trial system ruled illegal by the Supreme Court in June, would also allow the secretary of defense to add crimes at will to those under the military court's jurisdiction. The two provisions would be likely to put more individuals than previously expected before military juries, officials and independent experts said.

The draft proposed legislation, set to be discussed at two Senate hearings today, is controversial inside and outside the administration because defendants would be denied many protections guaranteed by the civilian and traditional military criminal justice systems.

Under the proposed procedures, defendants would lack rights to confront accusers, exclude hearsay accusations, or bar evidence obtained through rough or coercive interrogations. They would not be guaranteed a public or speedy trial and would lack the right to choose their military counsel, who in turn would not be guaranteed equal access to evidence held by prosecutors.

Detainees would also not be guaranteed the right to be present at their own trials, if their absence is deemed necessary to protect national security or individuals.

----

---

posted                      

quote:

---

From The Toronto Star of Aug. 19, 2006

Court rules Bush's wiretapping illegal

In the latest judicial rebuke of the Bush administration's tactics against terrorism, a federal judge in Detroit ruled Thursday that warrantless wiretapping of U.S. citizens violates the constitution and federal law. The decision is an embarrassment for President George Bush, but it also should be a source of shame for Congress.

Eight months ago, The New York Times reported that the National Security Agency was monitoring the international phone calls and email messages of some Americans without obtaining a court order as required by the Foreign Intelligence Surveillance Act.

Several proposals for reining in the NSA operation were offered. But none of them were enacted before members of Congress left town for the summer.

Thursday's ruling by U.S. District Judge Anna Diggs Taylor should jump-start that stalled effort. It came in a lawsuit brought by the American Civil Liberties Union on behalf of journalists, lawyers and other scholars with business contacts in the Mideast.

Her decision convincingly rebuts two of the Bush administration's legal positions: that the president has the inherent constitutional authority to engage in surveillance of Americans, and that Congress approved such eavesdropping in 2001 when it authorized Bush to use "all necessary and appropriate force" against individuals and nations implicated in the 9/11 attacks.

...continues

---

quote:

---

Federal Judge Orders End to Warrantless Wiretapping

By DAVID STOUT
Published: August 17, 2006

WASHINGTON, Aug. 17 � A federal judge in Detroit ruled today that the Bush administration�s eavesdropping program is illegal and unconstitutional, and she ordered that it cease at once.

District Judge Anna Diggs Taylor found that President Bush exceeded his proper authority and that the eavesdropping without warrants violated the First and Fourth Amendment protections of free speech and privacy.

�It was never the intent of the Framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,� she wrote, in a decision that the White House and Justice Department said they would fight to overturn. A hearing will be held before Judge Taylor on Sept. 7, and her decision will not be enforced in the meantime pending the government�s appeal.

The judge�s ruling is the latest chapter in the continuing debate over the proper balance between national security and personal liberty since the attacks of Sept. 11, 2001, which inspired the eavesdropping program and other surveillance measures that the administration says are necessary and constitutional and its critics say are intrusive.

...

---