1:20 p.m.I have been clear on this issue from the start. I have no problem with the President using any means necessary to protect this nation at a time of war, but I do have a problem with an administration that continues to lie and deceive the American people.
Senator John Cornyn: Asks Gonzales questions regarding FISA versus the Constitution. Gonzales dances perilously close to the "It depends on what the definition of 'is' is" answer. Cornyn asks about espionage laws and the leaking of the NSA wiretapping story to the New York Times. Gonzales says an investigation is under way. Cornyn wants to know if the New York Times has freedom of the press. Gonzales isn't going to answer.
Senator Richard Durbin: Cites Gonzales' statement of FISA as a "useful tool" and argues that it is a limitation on the president, which the president seems intent to ignore when inconvenient. Asks what other laws the administration might ignore. Durbin is trying to find out when the president decided to ignore FISA? Gonzales says the administration is not, but FISA can't interfere with the president's authority.
Durbin asks why the president didn't come to Congress to seek changes to FISA. He criticizes Gonzales' citing of the USSC Hamdi case as justification. They are arguing over the "exclusive means" in FISA and an escape clause in the criminal code that Gonzales says allows the president to bypass that law
President Bush lied in Buffalo when he said he was getting warrants to wiretap.
"(A)ny time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so.and AG in waiting Alberto lied in his confirmation hearing when he wouldn't answer a question that he deemed 'hypothetical' when it now turns out the question was spot on to an ongoing surveillance operation
Feingold asked Gonzales about:So when was AG Gonzales going to alert Congress now that it is factual information that the President authorized Warrantless surveillance. I mean, Gonzales did say if the President 'EVER chose to authorize surveillance' he would alert congress. Anyone on Capitol Hill ever get that alert memo?!? I'm just saying!where the president's authority ends and whether Gonzales believed the president could, for example, act in contravention of existing criminal laws and spy on U.S. citizens without a warrant.
Gonzales said that it was impossible to answer such a hypothetical question but that it was "not the policy or the agenda of this president" to authorize actions that conflict with existing law. He added that he would hope to alert Congress if the president ever chose to authorize warrantless surveillance, according to a transcript of the hearing.
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