Sen. Whitehouse Reveals Secret Justice Dept. Memos: Bush Determines What Is Constitutional

Think Progress:

This morning, Sen. Sheldon Whitehouse (D-RI) delivered an impassioned floor speech to help frame the debate over FISA reform. Using his privilege as a member of the Senate Intelligence Committee, Whitehouse said he has "spent hours poring over" secret opinions issued by the Department of Justice's Office of Legal Counsel (OLC) -- and he took notes.

Whitehouse is a lawyer, a former U.S. Attorney, a former legal counsel to Rhode Island's Governor, and a former State Attorney General. He said he sought and received permission to have his notes declassified because he wanted to show the public "what the Bush administration does behind our backs when they think no one is looking."

Read the whole story: Think Progress

Comments

[Janus]

01:12 PM on 12/10/2007

And now comes Brighter Star once again with this:

"The president was acting within all of his rights in all of the treaty matters."

The provisions of a treaty, like those of the Constitution and of the federal statutes, apply in force to the president as it does to all of us. In those situations where he ignores a treaty or refuses to comply with it, he does so with no legal empowerment.

"Faith based initiatives is not a religous test."

True, because the said test in proper context applies to those who are seeking an office of the United States. Under the prohibition, the applicant or nominee will not be required to be a member of or join any religion as a requirement to hold that office.

"The fourth amendment requires searches to be reasonable it does not require warrants."

A simple reading of the Amendment will show the fallacy of this statement. It is true that in certain criminal, factually urgent contexts there are exceptions to the rule that warrants are required for searches and seizures. The assertion that reasonabless is the sole criterion for searches and seizures is nonsense.

[fourex]

10:52 AM on 12/10/2007

There is no one more unqualified to make that decision than Bush.

[Janus]

09:44 AM on 12/10/2007

So saith Brighter Star:

"Finally Whitehouse decrees the fact that the president is of the belief that the justice department must follow his legal determinations. This again is not unconstitutional. The justice department is a department within the executive. The president is the chief executive and chief law enforcement officer in the nation. Of course the Justice department has to follow his legal determinations. They work for him."


What about the Office of Legal Counsel? Haven't you overlooked its function? Suppose OLS advises the president that his proposed course is unconstitutional? What about the Attorney General's authority in this, as well, because OLS is in charge of a Deputy Attorney General? The recent Justice Department problem has been that Gonzo agreed that he was to do the bidding of Bush, and several top appointees in the Justice Department resigned because of it. The Attorney General, not Bush, is the chief law enforcement officer in the Country whose function it is, among others, to see that justice is done throughout the Country
on behalf of all citizens. This is why the Bush-Cheney-Gonzo team and what it did to politicize and grossly interfere with the Justice Department was such an outrage. Perhaps the new AG will take some major steps to clean up the mess and boost the morale in the department.

[2lib4oh]

12:39 AM on 12/10/2007

Oh how I love the smell of dissent. It is the essence of democracy or as Thomas Jefferson said:

Dissent is Patriotic.

[Tellmethetruth]

04:25 PM on 12/09/2007

Biden Wants Special Counsel To Probe Destruction Of Interrogation Tapes
WASHINGTON - Democratic Senator Joe Biden is calling for the attorney general to appoint a special counsel to investigate the CIA's destruction of videotaped interrogations.

On ABC's "This Week," Biden says Michael Mukasey is the "same guy" who refused to classify waterboarding as torture. Biden says the matter of the CIA tapes would be better handled outside of the "political realm."

[pkohan]

01:24 PM on 12/09/2007

... and if it wasn't for the blogosphere I would never have even heard about this.. because the MSM news organizations, even the 24-hour outfits, are too lazy to cover anything going on in Washington on a Friday.

I mean, even more so than the CIA interrogration tapes scandal - WE'RE TALKING ABOUT USURPING THE UNITED STATES CONSTITUTION HERE!!!!! You think that could garner some ink, some pundit OUTRAGE?!?!?!

We've got a President who has basically declared himself - IN OFFICIAL, OFFICE OF LEGAL COUNSEL OPINIONS - to be our DICTATOR.

He's this close to asking to be our "President for Life." No wonder he hates Chavez so much - he ENVIES HIS POWER!!!

[psk]

12:49 PM on 12/09/2007

Dick-tater or Puppet King? Either way you put it, it is not a good thing for this country or its populace not to mention the world in general.

When is congress going to get off its collective butts and actually DO something about the crimminality of this supposed prez and his administration? When are they going to repeal the UNpatriot act and get our nation back on track following the constitution?

[m1ke]

10:41 AM on 12/09/2007

I believe we have a duty to implore to our Madame Speaker to reverse herself about taking "impeachment off the table." How much more of this crimminal bush behavior do we have to stand for? It is reprehensible that we allow the republican thugs to continue to discredit and to shame our country. We are culpable for our lack of remedy.

[americanwhocares]

08:03 AM on 12/09/2007

Bush is too stupid to decide anything, he is just a puppet for the ultra rich neocons (making billions as war profiteer's and war criminals) who are running the Bush Junta. Bush is pathetic.

[Norge]

07:02 AM on 12/09/2007

The shrub is not to be considered seriously.

[frappe]

05:25 AM on 12/09/2007

Finally, an official effort aimed at exposing the alarming truth about certain aspects of the "Patriot Act". What a misnomer for that piece of fascist legislation. In truth, it should be called the "Unpatriotic Act" for it is in square opposition to the logic, philosophy and intent of our Constitution.

So much of that foul act needs to be exposed and rescinded or revoked as the case may be. And, as Sen. Whitehouse mentioned, the manner in which it was stampeded through Congress, without any essential debate (particularly given its constitutional import) is abhorrent and never should've been allowed.

In my view, Bush and Cheney are traitors to our constitutional form of government. They have been working feverishly behind the scenes to alter the essential way our government was designed to conduct business, and all under the guise of prosecuting a "war on terror". Despicable is all I can say.

[blankmw]

03:29 AM on 12/09/2007

So DO SOMETHING about this HORRENDOUS, despicable so-called "president" GWBush!

Impeach Dick Cheney and GWBush for their high crimes and misdemeanors! NOW!

Vote against ALL defense spending to shut down the ridiculous, pointless invasion of Iraq and our ongoing occupation of that country.

Prevent our spending ANY MORE money on the many military installations being built there, and especially the $1 billion embassy.

We citizens of the US are COUNTING on you members of Congress to DO SOMETHING!!!!!!!!!!

We can't take on the "president" or Dick Cheney in court. But, you can, and have a moral obligation to do so.

[randyw]

02:38 AM on 12/09/2007

That Goddamned Decider ....."he's making a list and checking it twice" gonna decide whats naughty or nice...or whats torture or not!
The Decider is coming to town....ooopppsss I better not joke about that , he really has been to my town like 2 or 3 times, but I hope he never comes back!!!!!

[lungfish]

08:42 PM on 12/08/2007

another review of the news media reveals nothing on MSNBC, Google, etc...
These opinions by the OLC are truly frightening and it is equally frightening that the press is ignoring them.

[Tankan]

08:19 PM on 12/08/2007

Against this man none will stand, none shall do their sworn duty! Instead they search for all manner of excuses to justify not taking the appropriate action! They speak great words and make a great public show of their outrage and disapproval, but their lack of courage is matched by their lack of principles. By inaction they condone and allow the disrespecting of the constitution and of the law to continue unchallenged. The people are crying out for leaders of principle, honor and integrity, but the voices of the people are as millions crying in the wilderness!