What do the authors of FISA think of the Bush wiretapping program?

Question

answerman? are you there?

Judge Allan Kornblum a magistrate judge of the U.S. District Court and an author of the 1978 FISA Act said in regard to President Bush’s current wiretapping policy: “I think that the president would be remiss exercising his constitutional authority by giving all of that power over to a statute.”

How do you like that quote Leogirl0804?

Coragryph- Can you comment on the quote from the Judge that I have here?

Answer 1

Since these types of wire taps been used for over 30 years I would hardly call it the Bush Wiretapping program. This program is closely monitors and they've only used it 30 times. Personally the little ba$tard that leaked it needs to be shot and if this program will stop even one terrorist act, then I'm all for it.

Answer 2

Well, the specific claims Bush is making were addressed by Congress when the law was first passed. During the Congressional hearings, Cheney and Rumsfeld (yep, same ones) argued for exactly the type of presidential exemption that Bush is now claiming.

Congress rejected that argument, and explicitly said that FISA was the sole means by which electronic surveillance may be carried out. (18 USC 2511).

So, according to the legislative history, they rejected Bush's claims.

{EDIT} I found the original quote, in context. (second link) First, the judge quoted served on the FISA court. He was not an author of the law itself. And his comments are not in the legislative history of the actual law, so they have no legal force or effect. Nor can a retired judge issue a binding legal opinion in an advisory context.

Second, the reference to "necessary and proper" in the original quote is amusing, because there is no "necessary and proper" Clause in Article II dealing with presidential authority. Read it yourself.

Third, the quote just repeats the argument, rejected by both Congress and other federal courts, that the President has inherent authority to ignore Congressional requirements in the law. That argument was rejected by the Supreme Court several times, and was rejected by Congress in this specific instance.

Read 18 U.S.C. § 2511: Compliance with FISA "shall be the **exclusive means** by which electronic surveillance... may be conducted". (emphasis added). There is nothing in Article II that allows the President to just ignore the plain text of the law. And the Supreme Court has confirmed that principle several times.


{EDIT to Leogirl0804} You really have no concept of what you're talking about. And I've noticed you never bothered to cite a single court case, statute or even news article to back up your laughable claims.

Bush admitted creating the program and ordering warrantless wiretaps in violation of FISA. So, how was that done before he got into office? And Bush admitted to thousands of taps, so your quote about it only being do 30 times is nonsense.

Finally, your entire argument is pointless, because even if prior presidents also had illegal programs, that doesn't get Bush off the hook for his illegal actions. Just because someone commits one crime, that doesn't excuse someone else committing crimes.

Answer 3

I'm not sure I understand the meaning or purpose of the comment. I do know this however, GWB would be remiss in his responsibility to the American people, if he failed to do anything and everything, including wiretapping, to assure their safety.

These over the top, Monday morning quarterbacks, who wait around for the president to make a misstep, so they can get their 15 minutes of fame, should think a bit about the consequences of not doing everything in it's power, to keep America safe.