Justice Department to declare warrantless wiretaps legal

http://rawstory.com/news/2005/Justice_Department_to_declare_warrantless_wiretaps_0119.html

Justice Department to declare warrantless wiretaps legal

John Byrne
Published: January 19, 2006


In a detailed 42-page legal memorandum set for release this evening the
Bush Justice Department will defend the President's warrantless wiretap
program as legal. A copy of the document was leaked to RAW STORY.

"The NSA activities are supported by the President’s well-recognized
inherent constitutional authority as Commander in Chief and sole organ
for the Nation in foreign affairs to conduct warrantless surveillance of
enemy forces for intelligence purposes to detect and disrupt armed
attacks on the United States," Justice Department lawyers write,
referring to the President's order to wiretap Americans' calls overseas.

It adds, "The President has the chief responsibility under the
Constitution to protect America from attack, and the Constitution gives
the President the authority necessary to fulfill that solemn
responsibility."
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The first two pages are shown below, with a pdf link to the full
document beneath that. Democrats plan unofficial hearings on the
legality of the wiretaps Friday (Article here). No formal congressional
hearing has been scheduled by the Republican congressional leadership to
examine the taps, despite widespread concern among civil liberty
advocates and constitutional scholars.