McCain: It’s ‘Ambiguous’ Whether Bush’s Warrantless Wiretapping Program Was Illegal, ‘Let’s Move Forward’
McCain: It’s ‘Ambiguous’ Whether Bush’s Warrantless Wiretapping Program Was Illegal, ‘Let’s Move Forward’
Yesterday, the New York Times’ Charlie Savage reported that in a recent letter, Douglas Holtz-Eakin, top aide to Sen. John McCain (R-AZ), said McCain believes that the Constitution gave President Bush the authority to wiretap Americans without warrants. The actions “were Constitutional and appropriate in the wake of the attacks on September 11, 2001,” Holtz-Eakin said.
At a news conference yesterday, a reporter asked McCain whether Bush’s warrantless National Security Agency (NSA) surveillance program, exposed in December 2005, was illegal. McCain said it’s unclear whether Bush broke the law by spying on Americans without court approval. The Times reports:
“It’s ambiguous as to whether the president acted within his authority of not,’’ he said, saying courts had ruled different ways on the matter. “I’m not interested in going back. I’m interested in addressing the challenge we face to day of trying to do everything we can to counter organizations and individuals that want to destroy this country. So there’s ambiguity about it. Let’s move forward.’’
It’s not ambiguous as to whether spying on Americans without a warrant is illegal. The Foreign Intelligence Surveillance Act of 1978 specifically states that the President can authorize spying without a court order only if:
–”There is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party”
– “The acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers“
In contrast, Bush’s warrantless spy program, as the New York Times explained in December 2005, authorized “warrantless eavesdropping on those inside the United States - including American citizens.”
In fact, in August 2006, U.S. District Judge Anna Diggs Taylor declared the program unconstitutional, as it “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III.” Taylor added that “the president of the United States…has undisputedly violated the Fourth [amendment] in failing to procure judicial orders.”
McCain has also recently embraced retroactive immuity for telecommunications companies that helped the Bush Administration target Americans without court orders. As the Electronic Frontier Foundation noted yesterday, McCain’s campaign is staffed by aides with close ties to the telecom industry.
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Wasn’t he for the bush fisa yesterday, you know after he was for the constitution. Now he doesn’t know which is correct. Somebody forgot their meds, or nap. Hey gramps…this job is too big for you, go home to your rocker.
June 7th, 2008 at 6:09 pmYour grasp of the truth is ambiguous Grandpa Simpson McCain
June 7th, 2008 at 6:10 pmBut senator, move forward? But something in the REAR!
June 7th, 2008 at 6:11 pmit “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III.” Taylor added that “the president of the United States…has undisputedly violated the Fourth [amendment] in failing to procure judicial orders.”
Can the legislative branch please do it’s part and impeach the bastards!
June 7th, 2008 at 6:19 pmFrom Georgia 10 at dailykos: Sen. McCain’s new ad….
“Only a fool or a fraud talks tough or romantically about war. … I was shot down over Vietnam and spent five years as a POW. … I hate war. And I know how terrible its costs are. I’m running for president to keep the country I love safe. I’m John McCain, and I approve this message.”
Who would have thought that John McCain would have put out the first anti-war ad of the general election?
For the no or low information voter, the average American who doesn’t know much about John McCain, this introduction tells them two things: John McCain was a POW, and John McCain hates war.
And for us, who have known John McCain all along, it tell us that, as expected, the only way John McCain thinks he can win is if he sounds like a Democrat.
June 7th, 2008 at 6:19 pm“So there’s ambiguity about it. Let’s move forward.’’
Did McShortfuse get all testy and add a “my friends” at the end? Obama will bring out the Hulk side of Johnny Mac in the debates. It’ll be a sad, sobering sight indeed.
June 7th, 2008 at 6:28 pm…“I’m not interested in going back…
Maybe we’re “interested” in whether a candidate for president has any respect for the constitution and the rule of law.
http://progressiveworldreview.com
June 7th, 2008 at 6:29 pmI’m interested in addressing the challenge we face to day of trying to do everything we can to counter organizations and individuals that want to destroy this country.
Yeah right! But not those currently doing that very thing.
June 7th, 2008 at 6:30 pmMove forward? NO! NO! NO! NO! NO!
Investigations, trials, convictions.
Fu(k this move forward crap. The American people deserve better than this. We deserve the truth and our country deserves justice!
June 7th, 2008 at 6:31 pmGee, if Republicans would have just moved forward when it came to Blowjobgate, then perhaps our country would have been better served…
June 7th, 2008 at 6:33 pm“It’s ambiguous as to whether the president acted within his authority of not,’’ he said, saying courts had ruled different ways on the matter. “I’m not interested in going back. I’m interested in addressing the challenge we face to day of trying to do everything we can to counter organizations and individuals that want to destroy this country. So there’s ambiguity about it. Let’s move forward.’’
Proof positive that Jackass McLame is a true Corporate Fascist!!!!
Goddamnit he’s soooo stupid!!!!!!!
June 7th, 2008 at 6:35 pmOnly another reichwingnut fascist would lie like this. No more crime family.
June 7th, 2008 at 6:35 pmIt’s not just us that demand justice Ms Joanne. It’s not going to regain the trust of the world if we don’t deliver a little justice. And if we don’t take care of our mess? Someone else may do it “preemptively”.
June 7th, 2008 at 6:48 pmLooks like Pork Chop has a Poindexter in his pocket…
http://www.hereinreality.com/bigbrother.html
June 7th, 2008 at 6:48 pm“Moving forward” with corporate fascism with Old John McWar? I don’t think so.
Dear John, go back and read some American history books. We set up the new American Constitution back some two hundred and thirty years ago to protect people’s rights against a tyrannical government, not to empower a tyrannical government to spy on the people. Just like the moron Bush, you manage to get everything backwards, upsidedown, insideout and just plain wrong.
Dear John, drop out now before your growing senility becomes obvious to every American over age ten.
June 7th, 2008 at 7:02 pmIf it wasn’t illegal, McBush, why is your twin pressing so hard to shelter the telecoms from legal action?
You’re fooling no one, fu(kwit!
June 7th, 2008 at 7:08 pmLet it be known from this day forward that the RePugniScums let Fascism in the door and supported it every step of the way…They hate Democracy!!!!!!!!!!
Complete traitors…why do RePugniScums hate everything!!!!
June 7th, 2008 at 7:15 pmCareful what you wish for Oval12345678 aka James K. Sayre. Unless McPander Bear manages to talk his way out of his presumptive nomination, I would just as soon he remains right where he is. He seems determined to throw the election. And the neocons might pull a surprise candidate who could prove more formidable.
June 7th, 2008 at 7:18 pm.
McFish prefers ambiguous statements and policies…
… This way he CAN flip flop at his convenience!
.
June 7th, 2008 at 7:19 pmAnyone who could make such a statement condones illegal activity, and should never be allowed power over the people of this country.
June 7th, 2008 at 7:20 pmOT : The National Conference for Media Reform is now live on Free Speech TV (for those who have satellite dishes and are not getting pounded with thunderstorms).
I think c-span will rebroadcast this formum later.
June 7th, 2008 at 7:20 pmFor those worried about Net Neutrality and the future of the internet…this is where the action is.
.
Senator John McCain said:
Dear Senator McCain,
Please show me one terrorist that has harmed my security to being an American and I will show you a Congress filled with American FREEDOM HATERS!
What terrorist has attempted to deny me my Right to Habeas Corpus?
What terrorist has warrantlessly wiretapped me?
What terrorist has finds my peaceful protest a threat?
What terrorist zones my speech?
What terrorist renditions and indefinitely detains?
What terrorist engages in human trafficking?
.
June 7th, 2008 at 7:27 pmSince McCain is claiming it is Constitutional, I really do wish some enterprising reporter would ask him to quote the section of the Constitution that makes it legal.
June 7th, 2008 at 7:30 pmZooey,
June 7th, 2008 at 7:31 pmJust think, he took an Oath; a BINDING contract with the People to put OUR rights ahead of defending his corprtist lobby friends. The People ALWAYS loose out in a Fascist gambit.
.
Did McCan’t fight, get TORTURED, and spill the beans in Vietnam so that the president CAN warrantlessly wiretap Americans?
.
June 7th, 2008 at 7:35 pmMax, it seems taking an oath means nothing anymore. Is it any wonder kids don’t think cheating is all that big of a deal?
June 7th, 2008 at 7:50 pm“Ambiguous” to whom? Evidently, the only two to whom this Constitutional protection IS ambiguous to is Bush and McBush.
Every other american knows it’s patently illegal, against the law, and Bush needs to be someday tried as a traitor to the Constitution.
Looks like Grandpappy McSame is taking a serious nose dive with his attempt to shirk the responsibility of honesty and his knowledge of the Constitution by suggesting that everyone simply “move forward”…..not so fast Lobbyist/Spinmeister McSame - not so fast.
We still have plenty to yet be exposed about you, your “real” military record, your continued lies about Iraq, and Vicky Iseman. Let the games begin and let the truth prevail!
Hi TP buddies - just passing through but had to weigh in on this charade of McOldFart McSame.
June 7th, 2008 at 8:05 pmHi Z! Good to see ya! Is it getting any warmer up there?
June 7th, 2008 at 8:05 pmEvery member of Congress who cares about keeping his seat needs to vote down ANY form of immunity - we all know that Bush doesn’t give a crap about telecom immunity; what he does give a crap about is his own sorry butt and where he may land up when he’s out of office. No doubt if there is defacto immunity for the telecoms, you can bet your sweet arss that there’s immunity for himself tucked somewhere within the bill.
Write to every member of Congress that this absolutely is unacceptable. This man needs to recognize and pay the consequences for placing himself above the law.
June 7th, 2008 at 8:08 pmThe people of this democracy need to stonewall this immunity bill before this con man is able to slip out of the hangman’s noose which he’s created for himself. Since McSame is in agreement with it, he creates his own noose with the people and the end of his sorry campaign.
Robert Wexler of Florida is an opponent of this bill and is gathering momentum to squelch Bush’s defact immunity. The people of this country should be outraged that this known liar has been spying illegally on them. Let’s face it - you cannot stretch the “national security excuse” that far. Besides, we all know that he can begin wiretapping immediately but MUST go to FISA and present his case within 72 hours so what’s the problem with the current FISA bill? Answer: Absolutely nothing if what your doing is necessary. Spying on Democrats in order to blackmail them would NEVER be granted warrants by FISA.
June 7th, 2008 at 8:12 pmBesides, isn’t it a glaring conflict of interest for Pappy McSame to be supporting a bill which involves some of his campaign crew of lobbyists?? How many does he have now? 105 was my last count.
June 7th, 2008 at 8:15 pmNice to read you satirev. It is becoming more clear with each passing day that McPander Bear is among those who are so accustomed to corruption that they no longer recognize their own dirty hands. While it would be nice if the media, eventually, identified him for what he is, as long as he keeps talking Obama won’t have to run a single “attack ad”. I don’t remember ever being so eager to see head to head debates. If the stakes weren’t so high, I think I would thoroughly enjoy the campaign.
June 7th, 2008 at 9:02 pm“Let’s Move Foreward”
Is gonna be the most frequently expressed sentiment whenever–as will happen with DECREASING frequency as the election nears–the candidates are queried about their positions on [inishing the mis-deeds of their immediate predecessor and his crowd of thugs and gunsels.
“We Must Look Foreward!” they’ll proclaim. “We must heal the wounds,” they’ll pontificate. “We must reconcile!” they’ll thunder.
These criminal fux will walk away, laughing uproariously.
June 7th, 2008 at 9:11 pmTP: The actions (warrantless wiretaps) “were Constitutional and appropriate in the wake of the attacks on September 11, 2001,” Holtz-Eakin said.
What about the warrantless wiretaps carried out before 9/11?
June 7th, 2008 at 9:13 pmI’m looking forward to McCain showing up for the debate with the square lump on his back, ala Dubya, having Obama slap him squarely on top of it, and (literally) watching the sparks fly.
“Whatcha got there, John, a bug? Lucky for you I swatted it before it bit you!”
June 7th, 2008 at 9:13 pmRe: McCain said it’s unclear whether Bush broke the law by spying on Americans without court approval.
Well, John, if you give a damn about this country and the rule of law, you’d better damn well get clear on this issue. Your actions indicate that you don’t give a f-k about following the law, because like your butt-kissing buddy Bush you aren’t interested in following it should you become president. This is indeed a perfect chance for Obama to put it to McCain in their first town hall meeting and ask him to quote the sections of the Constitution that give the president the power of spying, and explain why.
First it was economics, and now this. Everyone is bashing Obama for his “inexperience” as a politician/Senator (despite the fact he sponsored or co-sponsored over 500 bills during his two Senate terms, not to mention that he has more political experience than 2 of our last 3 Republican presidents); McCain has been in the Senate for how long and doesn’t have a f-king clue on various topics?
June 7th, 2008 at 9:20 pmAll crime is committed in the past–let’s empty the jails?! We can’t go back and investigate crime? What unmitigated crap!
June 7th, 2008 at 9:29 pmI knew this. mcsame is a POW.
Will someone flip the light switch on for mcsame?
True leaders are made of these words:
June 7th, 2008 at 9:32 pmMcCoverUpper: “Lets move forward”
Why is it so predictable that the RepubliCrook Candidate would be attempting to cover up Felonies?
This is just nuts.
Nancy, get the damn table, already.
June 7th, 2008 at 9:34 pmJebus.
SUPER BADDASS AMERICAN REVOLUTION 2
June 7th, 2008 at 9:38 pm‘ambiguous’.
Thats what they called the Geneva Convention, before they violated it and started f’n torturing people.
And ambiguous and quaint.
June 7th, 2008 at 9:48 pmYes, mcsame let’s not go back. Let’s go forward to mcsame’s occupation of Iran.
He can use the previous owner’s manual. This way mcsame doesn’t have to remember too much.
June 7th, 2008 at 9:57 pmNevar Says:
I’m looking forward to McCain showing up for the debate with the square lump on his back, ala Dubya, having Obama slap him squarely on top of it, and (literally) watching the sparks fly.
“Whatcha got there, John, a bug? Lucky for you I swatted it before it bit you!”
ROTFLMAO! Simply beautiful, Nevar. What a visual that provides!
June 7th, 2008 at 10:05 pmI’m looking forward to a debate about the Constitution between McBush and Obama. Obama taught Constitutional law and McBush knows zilch. How embarrassing will that be?
June 7th, 2008 at 10:09 pmWell, the constitution didnt give Nixon the ability to perform illegal wiretaps and Im sure it doesnt give telecoms that ability either.
June 7th, 2008 at 10:13 pmReally, the Fourth Amendment is over two hundred years old, not really pertinent in the post 9/11 mindset.
Right McIIIrd?
June 7th, 2008 at 10:15 pmMerlin:
Very.
June 7th, 2008 at 10:15 pmBy all means let’s move forward – with investigations, prosecutions, incarcerations, etc..
June 7th, 2008 at 10:18 pmI’m interested in addressing the challenge we face to day of trying to do everything we can to counter organizations and individuals that want to destroy this country.
At this point in history Mr. McGeezer, THAT WOULD BE YOU !
Impeachment, it’s what’s for dinner.
Credit to whoever originally wrote that.
June 7th, 2008 at 10:22 pmHi Ru, X, etc! I think Chuck Farley at #34 has the true sticking point for their claims about national security in a nutshell - “What about the warrantless wiretapping which Bush carried on before 911? He began warantless wiretapping the second week he took office - how will he lie his way out of that?
Someone needs to compose clips of our president lying repeatedly in our faces when he delivered his speeches about his wiretapping of “foreign conversations only”. How many times did he take the stage and lie, lie, lie? Certainly, these lies will be used a prima facie evidence against him when his crimes are fully investigated.
Everyone’s holding their breath and counting the hours till this clown is out of office. That goes for the rest of the world as well. With Obama poised to take the Presidency by storm now, the world is breathing a huge sigh of relief.
Go Obama!
June 7th, 2008 at 10:29 pmKeith H: That would be none other than John McSenile McSame!
June 7th, 2008 at 10:29 pmFrankly, between now and November I would expect that either we’ll be seeing the alcoholic Bush and/or the highly medicated Bush. He’s a failure and a national embarrassment and he knows it. I’d love for one of his GOPhers to list just one thing this man has really accomplished in 8 very long years.
June 7th, 2008 at 10:31 pmsatirev, I just checked in, and hadn’t read the thread thru, but you’re right there. Chuckie has the cheese for sure.
BushitCo has some serious splainin to do…
I think Obama will put this off until the fall of 09, just to give it some time to percolate, and the investigations to be done without fanfare. Look for indictments in Oct 09.
June 7th, 2008 at 10:31 pm“It’s ambiguous as to whether the president acted within his authority of not,’’ he said, saying courts had ruled different ways on the matter.
It doesn’t matter what the lower courts said if the higher courts ruled the warrantless wiretapping unconstitutional. It’s not a game of numbers (17 courts said it was okay, 9 said not, or whatever.)
June 7th, 2008 at 10:52 pm“It’s ambiguous as to whether the president acted within his authority of not,’’ he said, saying courts had ruled different ways on the matter.
It doesn’t matter what the lower courts said if the higher courts ruled the warrantless wiretapping unconstitutional. It’s not a game of numbers (17 courts said it was okay, 9 said not, or whatever.)
June 7th, 2008 at 10:52 pmTypical Republican approach to life: Yeah, it might have been illegal and even treason but, who cares, move on.
C O W A R D S
June 7th, 2008 at 10:55 pmGrampy McSame says - My friends back in the day we would use glasses and put them up to the wall when we listened in, and everyone was doing it, it was a grand game, why one day at the county fair we had a listening in contest, Bush Sr. won that, I was so disappointed that I didn’t why I had a glass on each ear, I like corn too, big ears of corn, you would think with big ears you could hear better, and we didn’t need no damn court warrant to buy our ears of corn, so why does Bush Jr.?….I think I have creamed corn in my pants.
Grampy, Bush was doing this 11 days into his stolen office, and guess what grampy, he was listening in to you also. Not so funny is it, grampy.
June 7th, 2008 at 10:58 pmMax-1 Says: Dear Senator McCain,
Please show me one terrorist that has harmed my security to being an American and I will show you a Congress filled with American FREEDOM HATERS!
What terrorist has attempted to deny me my Right to Habeas Corpus?
What terrorist has warrantlessly wiretapped me?
What terrorist has finds my peaceful protest a threat?
What terrorist zones my speech?
What terrorist renditions and indefinitely detains?
What terrorist engages in human trafficking?
I’ll show you two:
George W. bush and Richard B. cheney. Homegrown wackjobs.
June 7th, 2008 at 11:00 pmcaption:
“…damn, it’s bright out here… let me back on the bus…”
June 7th, 2008 at 11:11 pmSo what if it was illegal - it’s in the past now - just fageddaboudit.
June 7th, 2008 at 11:19 pmI am sure all criminals would like to find a similar attitude in judges and juries.
scytherius Says:
Typical Republican approach to life: Yeah, it might have been illegal and even treason but, who cares, move on.
C O W A R D S
June 7th, 2008 at 10:55 pm
They’ve been saying the same in regards to increasing focus on the whys and hows of our entry into Iraq and the “war” on terror. Funny how they only want to look to the past when they think it bolsters their case. One need only to recall Bush being oh so happy to reference certain events of WWII and Vietnam when he wants to once again try to sell the “war.” Speaking of which, Bush has been, and is still, trying to market this “war” for over 5 years yet support has consistently gone downhill. He certainly sucks when it comes to the ability to persuade.
June 7th, 2008 at 11:42 pmMcGrumpy can’t UNDERSTAND the Constitution, how is he going to DEFEND and PROTECT it?????
June 8th, 2008 at 12:14 amAnother bush-suck republican punchline. Let me just say, ”
God damn George W. bush”….:
US quits Human Rights Council
America is broken…..
June 8th, 2008 at 12:19 amI guess McInsane believed Nixon when he said….
“When the President does it, that means that it’s not illegal.”
Didn’t work out so well for Nixon, now did it?
ITMFA
June 8th, 2008 at 12:32 am64.COProgressive Says: Didn’t work out so well for Nixon, now did it?
Back then, we had a Congress with actual vertebra…
June 8th, 2008 at 12:53 amI am looking very forward to the one to one (without media questions, bias) debates McCain and Obama have agreed to. I almost feel sorry for McCain.
June 8th, 2008 at 1:37 amNevar Says at 11:11 pm
caption:
“…damn, it’s bright out here… let me back on the bus…”
Gives me the vision of McCain in those super dark, wrap-around “Glaucoma Glasses” so many seniors have to wear. McCain was eight years too late to be the saviour of the Rs.
June 8th, 2008 at 4:42 amThere is NOTHING in the constitution supporting the alleged “extraordinary powers” of commander-in-chief.
Commander-in-chief simply means you direct the military forces. It does not mean you decide who to fight — congress’s job. It does not mean you can suspend the constitution at you discretion. It does not mean you can authorize illegal wiretaps:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized.”
What is about the Fourth Amendment that you find ambiguous, McSame?
June 8th, 2008 at 7:17 amLove when MyCane said it was “unclear”. Perhaps that comment has merit only ifthis was ever investigated.
June 8th, 2008 at 7:39 amElect MyCane, get more of the same!
So he said ad the American Sheeple followed! LOL. What a joke. Surely nobody is taking McBush seriously. Are they?
JT
June 8th, 2008 at 8:19 amIs your ISP watching you?
All right LumpyDunky. Enough’s enough. One more time and we will have to release that weird big ball thing to gobble up your annoying ass.
June 8th, 2008 at 9:30 amOf course McCain would be ambiguous about this. He has a lot to lose if he made a real Maverick stand on this. The powerbrokers behind McCain and those who created this nightmare of lies infesting our white house would throw away McCain in a heart beat to save themselves for another day. They are like the undead you know. We’ll always have this type of desire to control.
June 8th, 2008 at 9:54 amWhy does Ijusttookalumpydumpy get away with constant spamming?
June 8th, 2008 at 10:22 amI’m flagging the turd every time it shows up.
June 8th, 2008 at 10:30 amMcCain is dancing on ball bearing here.
June 8th, 2008 at 3:16 pmRiceMustGo.com
June 8th, 2008 at 3:47 pmShe lied and commited War Crimes! Where is she? She is lying low thinkng this will go away… Think againg Rice! You are a WAR CRIMINAL!
sacopenapa Says:
——————————————————————————–
RiceMustGo.com
She lied and commited War Crimes! Where is she? She is lying low thinkng this will go away… Think againg Rice! You are a WAR CRIMINAL!
Rice was THE FIRST FAILURE of the GW Botch admin!!!
She ignored the intelligence that could have prevented 9/11!!!
She failed on her watch and we were attacked!!!!
The useless shoe-shopper decided to completely ignore Richard Clark for one reason and one reason only!!!!
He was not one of them!!!!!
He was with Clinton.
Her hatred of everything Clinton phucked her in the ass with her own useless brain!!!!!
The most useless woman in American History!!!!!!!!!!!!!!!! PERIOD!!!!!!!!!!!!!
June 8th, 2008 at 5:26 pmLet’s be clear here…
Nancy PollLoser is a close useless 2nd!!!!
June 8th, 2008 at 5:28 pmAll it took to turn this country into a big bro nightmare was Rove, Choice Point & a few GOP cronies ?
Talk about some solid democracy indeed…
BE CAREFUL WHAT YOU SAY 2
http://www.youtube.com/watch?v=MvRX-PQmLMQ
“The citizen who sees his society’s democratic clothes being worn out and does not cry it out, is not a patriot, but a traitor.” - Mark Twain
NSA SPYING MORE EXTENSIVE THAN PREVIOUSLY DISCLOSED * Current and former intelligence officials say the NSA now monitors a huge collection of data, including emails, internet searches, bank transfers, credit card transactions, travel itineraries and telephone records. Most of it comes from other agencies or private companies. Some of the data is supplied by several undisclosed so-called “black programs”—many established before the 9/11 attacks.
June 9th, 2008 at 8:37 am