Bush defends constitutionality of warrantless domestic wiretaps

[AAsch at aol.com]

In his weekly radio address today, Pres. Bush defended the warrantless  
domestic wiretaps recently revealed in the NY Times. The full text of  his address 
is at:
 
_http://www.whitehouse.gov/news/releases/2005/12/20051217.html_ 
(http://www.whitehouse.gov/news/releases/2005/12/20051217.html) 
 
Bush mainly based his authority on Congress's September 2001 authorization  
to use military force and his inherent authority as commander-in-chief,  
stating:
 
"I am using authority vested in me by  Congress, including the Joint 
Authorization for Use of Military Force, which  passed overwhelmingly in the first 
week after September the 11th. I'm also using  constitutional authority vested in 
me as Commander-in-Chief."
 
Curiously, though Bush mentioned briefing some members of Congress, he  
mainly emphasized the executive branch's review of itself as if that were some  
kind of check on executive power. As Bush explained:
 
"The activities I authorized are reviewed  approximately every 45 days. Each 
review is based on a fresh intelligence  assessment of terrorist threats to 
the continuity of our government and the  threat of catastrophic damage to our 
homeland. During each assessment, previous  activities under the authorization 
are reviewed. The review includes approval by  our nation's top legal 
officials, including the Attorney General and the Counsel  to the President. I have 
reauthorized this program more than 30 times since the  September the 11th 
attacks, and I intend to do so for as long as our nation  faces a continuing threat 
from al Qaeda and related groups. 
 
The NSA's activities under this authorization  are thoroughly reviewed by the 
Justice Department and NSA's top legal officials,  including NSA's general 
counsel and inspector general. Leaders in Congress have  been briefed more than 
a dozen times on this authorization and the activities  conducted under it. 
Intelligence officials involved in this activity also  receive extensive 
training to ensure they perform their duties consistent with  the letter and intent 
of the authorization."
 
Bush failed to mention the judicial branch or its role anywhere in his  
address.
 
Allen Asch
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