Sunday, December 18, 2005

a question

in his weekly radio address, president bush both acknowledged that he authorized the warrantless wiretap of americans and called for congress to reauthorize the expiring USA PATRIOT Act.

bush's wiretap authorization by executive order is contrary to law. it's a crime. the fact that we are "at war", is no excuse. the law is even clear on that point:
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
the surveillance bush authorized continued for years, well beyond 15 days, and there has been no formal declaration of war by congress (just various authorizations to use force).

anyway, here's my question: if what bush did is okay, then why do we need a patriot act? the patriot act sets the rules that the executive branch must follow to go after terrorists; but if the president can disregard those rules to pursue terrorists, what is the point of the act?

(cross posted)