Rawstory:Justice Department to declare warrantless wiretaps legal

In a detailed 40-page legal memorandum set for release this evening the Bush Justice Department will defend the President's warrantless wiretap program as legal. A copy of the document was leaked to RAW STORY.

"The NSA activities are supported by the President’s well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States," Justice Department lawyers write, referring to the President's order to wiretap Americans' calls overseas.

It adds, "The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility."

The first two pages are shown below, with a pdf link to the full document beneath that. Democrats plan unofficial hearings on the legality of the wiretaps Friday (Article here). No formal congressional hearing has been scheduled by the Republican congressional leadership to examine the taps, despite widespread concern among civil liberty advocates and constitutional scholars.


http://rawstory.com/news/2005/Justice_Department_to_declare_warrantless_wiretaps_0119.html

I hope they still have the meeting tomorrow and rip this to shreds

those filthy scumbags.

Unbelievable!

Just cause you say something is legal doesn't make it so. I was feeling pretty good today. Came back to my desk after a meeting and this is the first thing I clicked on. Now I'm getting the "we're so screwed" feeling back again.

My daughter said maybe we need to let it get as bad as it can get and then people will start fighting back. I'm not willing to do that, but she may be right. The sh1t may not truly hit the fan until then.

OK, I'm really depressed now. Gotta go get some sleep. I'm working on about 2hrs of sleep since the wind kept me awake. :(

Executive Branch's power...oh wait. :cry:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2052322
thread title (1-19-06 LBN): Justice Department to declare warrantless wiretaps legal (leaked Doc)
Unitary Executive principle – in our faces. No wonder that “new bin Laden tape” was “discovered” just now. They want Alito confirmed so that this will be upheld – and it’s the precedent that will be used to “justify” Bush being an absolute king unchecked by Congress or laws.

to curry favor with the public in regards to Alito and the wiretaps. If they had gotten the number two guy, suddenly Bush would have been a hero and his Kool-Aid contigency would have supported him with positive poll numbers. Alito would have sailed though, and so would have this wiretap edict. So, with that in mind, suddenly this bin Laden tape surfaces and it's really only second best.

another MIHOP adventure to stir up support. With the leaked DOJ document "legalizing" limitless spying - and thus anythng else - by the president, it's clear they are making their move to full dictatorship. They want Alito in place to shut off the last resort, the Supreme Court.

He will destroy anybody that threatens him.

BTW, remember how vocal McCain was, trying to jusify even the killing of innocent people in Pakistan. McCain is not a middle of the roader and I hope people will remember that if it ever comes to thinking about him as a VP option.

for the 2008 GOP nomination - I think he'll get it. We need to be collecting and carefullly documenting all the many ways he is a radical, dishonest, ambitious, two-faced liar, or he will be the next POTUS.

drowning, will be very compelling.

Never has there ever been a need to prove you're an American, than now. The Republcans aren't playing by the rules, so the Dems should not be hesitant to "build it and (hope) they will come."

enough to "legalize" Bush's fascist dictatorial powers.

their legal case in a document for public consumption? Since it's coming from them, it makes the document a propaganda piece and/or a combined talking point briefing to use as a gospel by right wing tv and radio hosts who always lie. Interesting! Are they showing their belly by this action? Will this be their entire defense? My, they've been working hard, haven't they?

Thought so. Still doesn't make it legal.

DOJ doesn't make the laws. Congress makes the laws. And Congress best be gettin' round to slapping the shit outta DOJ.

It still does not make the acts already done, legal... If it were you and me, we would never be heard from again. The shrubster is not above the law..

it's STILL ILLEGAL! Is A. G. Gonzales all balls and not much brain? Can all 80,000+ DUers send him copies of the US Constitution so he can get a clue about how laws are made? Nobody voted for the DOJ. They don't make law, they uphold law. Why is that so difficult for the A.G. to grasp?

they still have to pass the Bill Of Rights/Constitutional litmus test.

The Constitution makes it very clear (and past SCOTUS findings have backed this up) that the right to privacy is "Constitutional" and to be protected unless a duly sworn statement is rendered with a legal warrent issued. It's NOT that wire taps were done... it's that there were done illegally and unconstitutionally. The fundimental and constitutional right to privacy has been repeatedly upheld by SCOTUS... if I remmeber correctly one famous "for instance" is the Roe Vs Wade case... it was won on this "right" being upheld.

The fact is that Bush is not the law nor above it... The DOJ is not the law nor above it... Congress, whether Dem, Rep or other, is not the law nor above it... no ONE person or entity in this nation is the law or above it no matter how much they may wish it and even spin it to be so.

DOJ keeps its yap trap shut! The thug in the A.G.'s office thinks he gets to make laws and interupt them. He fucking thinks he is ALL THREE BRANCHES OF GOVERNMENT rolled up in one department that nobody voted on. THAT, my friends is NOT democracy.

Justice is WAY outta bounds. He is running a bluff and Congress better call him on it!

Too many members of the press took the speech seriously for them to ignore it.

If this is how the Justice Department feels, the Dems need to filibuster Alito! He must not make it to the court or this will be Nazi Germany for sure!

Justice Department. I always thought the President was sworn to UPHOLD the constitution. The bu$h (un)justice Department has unveilled it's fascist root for all to see.

And coming on fast...

The S.S. ChimPee is listing pathetically to the right, sinking in a sea of corruption.

constitution and not the Supreme Court's...

:eyes:

of the Executive cabinet. Since when do they make laws? They uphold them, not make them.

Somebody help me out here...:shrug:

I DID see a legal "justification" from the DOJ on DU late december, riight??

http://www.nationalreview.com/pdf/12%2022%2005%20NSA%20letter.pdf

Which was BS : Walt Starr convinced me easily

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5672021

and the ulitmate sex machine,
but that don't make it so...

court case for discovery purposes? How do we know they have only wiretapped on American and over seas calls? What about political opponents and protest groups? American citizen to American citizen.

:eyes:

I just don't feel that the Bush Justice Department's opinion carries much weight on this issue...