Originally published February 23 2006
Attorney general memo raises questions about Patriot Act, Bush's spying program
by Mike Adams, the Health Ranger, NaturalNews Editor
In a footnote to a legal memo defending President Bush's domestic spying program, Attorney General Alberto R. Gonzales writes that regardless of whether or not Congress reauthorizes the USA Patriot Act, Bush could continue to use powers outlined by the Act in Al Qaeda investigations because when Congress authorized Bush to use force against Al Qaeda, it effectively gave him power to investigate terror suspects with whatever tactics he determined were necessary.
A footnote in Attorney General Alberto R. Gonzales's 42-page legal memo defending President Bush's domestic spying program appears to argue that the administration does not need Congress to extend the USA Patriot Act in order to keep using the law's investigative powers against terror suspects.
The memo states that Congress gave Bush the power to investigate terror suspects using whatever tactics he deemed necessary when it authorized him to use force against Al Qaeda.
When Congress later passed the Patriot Act, Bush already had the power to use enhanced surveillance techniques against Al Qaeda, according to the footnote.
Thus, legal specialists say, the administration is asserting that Bush would be able to keep using the powers outlined in the Patriot Act for Al Qaeda investigations, regardless of whether Congress reauthorizes the law.
''It turns out they didn't need the Patriot Act for dealing with Al Qaeda after all," said Martin Lederman, a former Justice Department lawyer in the Clinton administration who now teaches law at Georgetown University.
Dennis Hutchinson, a University of Chicago law professor, and Bruce Fein, a former Justice Department lawyer in the Reagan administration, also said the administration's footnote indicates that Bush would not need Congress to renew the Patriot Act to keep using its investigative powers in the war on terrorism.
''This is an inaccurate and misinformed interpretation of the administration's legal analysis," Roehrkasse said in an e-mail.
Roehrkasse attached a Justice Department statement arguing that Congress gave Bush broad wartime powers to fight the war on terror as he saw fit when it authorized him to use force against Al Qaeda.
The footnote, it said, seeks to explain why those wartime powers include surveillance authority even though Congress separately addressed the subject in the Patriot Act.
All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing LLC takes sole responsibility for all content. Truth Publishing sells no hard products and earns no money from the recommendation of products. NaturalNews.com is presented for educational and commentary purposes only and should not be construed as professional advice from any licensed practitioner. Truth Publishing assumes no responsibility for the use or misuse of this material. For the full terms of usage of this material, visit www.NaturalNews.com/terms.shtml