January 31, 2006

Too many Ahabs to count

Because I am a few days behind the news, I only just read this excellent piece by John at Powerline. In it he takes apart the various and sundry leftist Ahabs who are obsessed with destroying the White Whale named Bush by any means necessary - most particularly by lying. It is a stunning piece.

The most deeply misleading aspect of the Times article, however, is its treatment of the federal court precedents on the issue of Presidential authority. The chief embarrassment faced by those who try to claim that the NSA’s international surveillance program is illegal, is the fact that at least five federal appellate courts have specifically held that the President has the inherent constitutional authority to order domestic warrantless surveillance for foreign intelligence purposes–let alone the international surveillance at issue in the NSA program. The Times reporters are well aware of these precedents, in part because we have repeatedly called them to their attention. This is their fraudulent attempt to deal with this unanimous body of judicial authority:

[John R. Schmidt, a Justice Department official in the Clinton administration] noted that the Foreign Intelligence Surveillance Court of Review, made up of three federal appeals court judges, addressed this issue in 2002 and said that it took for granted that the president had the inherent constitutional authority to conduct searches without warrants. “It’s utterly indefensible for people to say that there is no plausible legal justification when the only judicial statement on this is a flat statement that the president has this authority,” Mr. Schmidt said.

Some legal analysts say, however, that the appellate court was giving its assessment of past decisions and that all of the earlier precedents examined surveillance before the 1978 Foreign Intelligence Surveillance Act, which set up wiretap laws in response to Watergate-era abuses.

Note that phrase, “some legal analysts.” The Times quotes liberal critics of the administration repeatedly through the article, so why is it suddenly so coy on this critical point? Because there is no law professor in America–actually, no law student in America–who would allow his name to be associated with the Times’ indefensible characterization of the 2002 opinion of the FISA appellate court. The Times tries to suggest that that court’s statement that the President has the authority to conduct warrantless surveillance for foreign intelligence purposes lends only debatable support to the administration’s case because “some legal analysts say” that the court was only talking about precedents that pre-dated the passage of FISA in 1978; therefore, the court’s conclusion may not be operative post-FISA. That suggestion is completely untenable. The FISA appellate court specifically rejected the theory argued for by the Times:

We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.

So, on the key legal issue, the Times misrepresented the FISA appellate court’s decision, and attributed its own misrepresentation to “some legal analysts” because no legal scholar, no matter how liberal, would be caught dead asserting the position argued for by the Times. The Times’ coverage of this issue continues to be deeply dishonest.

There is lots more - you’ll really be glad you read it. On the topic of the NSA and the FISA court, you’ll also want to read Rich Lowry’s piece which spells out precisely how the Dems have become hung up in mid-straddle:

Democrats are both outraged by President Bush’s National Security Agency surveillance program and content to see it continue. They are at this incoherent pass because their reflexive hostility to the program is tempered by the dawning suspicion that they might be on the wrong side politically of yet another national-security issue — thus, the NSA Straddle.

Rick Moran, over at Right Wing Nut House focuses on Nancy Pelosi and the NSA and finds that she is also seriously hung up. “Trapped” might be a better word.

Speaking of Ahabs and Whales, Democrat Congressional Candidate (and former whistleblowing heroine) Colleen Rowley made a whale of mistake in allowing her campaign to depict her decorated marine opponant as Col. Klink. As Hugh Hewitt observes:

Where are the Democrats who should be denouncing this? The ones who, rightly, slammed the comments directed at Congressman John Murtha’s service? A party in free fall cannot pause to summon the moral courage to denounce this repulsive comparison of Marines to Nazis? I guess Dick Durbin was just the first of many Democrats to come clean with their feelings.

The photo was taken down without comment or acknowledgement, but not before it was cached. Seems an ethical and mature candidate would be able to say “oops…sorry” on that. Michelle Malkin points to a stark contrast in maturity here:

“Contrast Rowley’s refusal to accept responsibility for her Nazi-card demagoguery with GOP Pennsylvania gubernatorial candidate Bill Scranton’s immediate firing of his campaign manager last week for leveling a reckless slur against rival candidate Lynn Swann.”

I almost hate to say this, because I know it will be interpreted as “extreme,” but I read about the strange, spoiled brat behavior of Hamas, essentially saying - “give us what we want and don’t make us have to do anything for it” and it has an all-too-familiar ring to it. Too many in our country seem to have the same mindset: allow us to be reckless and disingenuous and destructive, and don’t make us deal with reality…” It’s very dangerous.

Meanwhile, slightly off topic, AJ Strat shows us that on the issue of Abramoff and the Democrats and “the culture of corruption” the White Whale may yet be slipping away again. And the ACLU, another dishonest Ahab, missed the target, too.


Unpartisan.com Political News and Blog Aggregator tracked back with Ban On Abortion Procedure Ruled Unconstitutional

by TheAnchoress @ 2:44 pm. Filed under Dumb Democrat moves, The Fourth Estate, Why can't weeee be friends
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2 Responses to “Too many Ahabs to count”

  1. Sensible Mom Says:

    With the NSA straddle, the democrats better make up their minds fast before the fence post gets stuck somewhere unpleasant.

  2. Unpartisan.com Political News and Blog Aggregator Says:

    Ban On Abortion Procedure Ruled Unconstitutional

    Two federal appeals courts strike down the Partial Birth Abortion Ban Act of 2003.