Holder: W.H. should act 'within the dictates' of wiretap law

[BlueJessamine]

Source: CNN

Asked during his confirmation hearing Thursday whether the president has an "inherent authority" to engage in warrantless surveillance, Attorney General designate Eric Holder said the president would be "well advised" to work "within the dictates" of the Foreign Intelligence Surveillance Act (FISA).

Holder indicated that a president's power to conduct surveillance is "at its zenith" when the president acts in concert with the intent of Congress as laid out in FISA.

He also said that the U.S. Army Field Manual would be a "good place to start" for the purpose of establishing a uniform standard for torture techniques. He indicated that he did not believe that restricting interrogations to the rules of the Field Manual would impair the ability of the government to successfully combat terrorism.

Holder noted that law enforcement tools like the Patriot Act had to be enforced in a manner consistent with the country's values and "great tradition" of supporting civil liberties.

When asked whether he would support a criminal investigation of Bush administration officials for possible violations of national security and civil
liberties laws, Holder responded that while "nobody is above the law," he also didn't "want to criminalize policy differences that may exist" between the outgoing and incoming administrations.



Read more: http://politicalticker.blogs.cnn.com/2009/01/15/holder-presidents-should-act-within-the-dictates-of-surveillance-law/

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The Washington Independent:

Earlier, Sen. Jon Kyl (R-Ariz.) brought up FISA and asked Holder if he supported it. Holder responded that he would support some aspects but not others calling it, ”a very useful tool, a very essential tool for us in fighting terrorism.” When Feingold followed up, looking for support to take back congressional authority on FISA, he found it:

Feingold: Is there anything in the FISA statute that makes you believe that the president has the ability under some other inherent power to disregard the FISA statute?

Holder: No, I don’t see that in the FISA statute.

link:

http://washingtonindependent.com/25739/holder-hearing-senate-grills-holder-on-wiretapping-and-fisa


Transcript: Holder's Opening Statement at Senate Hearing:

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/15/AR2009011501971.html

[Metta]

1. The question on law is Is he going to prosecute or collude?

... don't see other viable choices here.

[BlueJessamine]

2. from David Swanson:

When Feingold pointed out that lawyers at the Department of Justice, the White House, and the Office of the Vice President had written memos that clearly sought to sanction illegal actions, and asked "What is your view of the President's Constitutional authority to authorize violations of the law?" Holder replied that the president does not have that authority.

All of this provides powerful material for those who will seek to persuade Holder to actually enforce the laws of the land. But Holder's comments throughout the hearing suggested that it is President Elect Barack Obama who will have to be persuaded. Obama has said that a decision to prosecute will be Holder's, and Holder professed his independence from Obama. Yet, when asked for his opinions during the hearing, Holder often replied by stating what Obama's opinions were.

And when Senator Jeff Sessions asked Holder if he intended to prosecute anyone in the Bush Administration, Holder strongly suggested that he did not.

link:

http://mwcnews.net/content/view/27895&Itemid=1

[Metta]

4. Sad news, legitimizing criminal behavior. Happy karma.

I hope he wakes up to the damage that does and that the disgrace of one is the disgrace of all.

[DCKit]

3. He's got to drive the snakes out of the DOJ before he can get to work.

Can't have the federalists and other * loyalists stabbing you in the back at every opportunity if you want to be effective.