Wednesday, January 18, 2006

I Know You Are But What Am I?

From Yahoo! via Raw Story:

The White House accused former Vice President Al Gore of hypocrisy Tuesday for his assertion that President Bush broke the law by eavesdropping on Americans without court approval.

“If Al Gore is going to be the voice of the Democrats on national security matters, we welcome it,” White House press secretary Scott McClellan said in a swipe at the Democrat, who lost the 2000 election to Bush.

[…]

McClellan said the Clinton-Gore administration had engaged in warrantless physical searches, and he cited an FBI search of the home of CIA turncoat Aldrich Ames without permission from a judge. He said Clinton’s deputy attorney general, Jamie Gorelick, had testified before Congress that the president had the inherent authority to engage in physical searches without warrants.

“I think his hypocrisy knows no bounds,” McClellan said of Gore.

But at the time that of the Ames search in 1993 and when Gorelick testified a year later, the Foreign Intelligence Surveillance Act required warrants for electronic surveillance for intelligence purposes, but did not cover physical searches. The law was changed to cover physical searches in 1995 under legislation that Clinton supported and signed.

In the first place, being called a hypocrite by this White House is like being called ugly by a frog. And wonder of wonders, Al Gore wasn’t going to let that stand.

The Administration’s response to my speech illustrates perfectly the need for a special counsel to review the legality of the NSA wiretapping program.

The Attorney General is making a political defense of the President without even addressing the substantive legal questions that have so troubled millions of Americans in both political parties.

There are two problems with the Attorney General’s effort to focus attention on the past instead of the present Administration’s behavior. First, as others have thoroughly documented, his charges are factually wrong. Both before and after the Foreign Intelligence Surveillance Act was amended in 1995, the Clinton/Gore Administration complied fully and completely with the terms of the law.

Second, the Attorney General’s attempt to cite a previous administration’s activity as precedent for theirs – even though factually wrong – ironically demonstrates another reason why we must be so vigilant about their brazen disregard for the law. If unchecked, their behavior would serve as a precedent to encourage future presidents to claim these same powers, which many legal experts in both parties believe are clearly illegal.

The issue, simply put, is that for more than four years, the executive branch has been wiretapping many thousands of American citizens without warrants in direct contradiction of American law. It is clearly wrong and disrespectful to the American people to allow a close political associate of the president to be in charge of reviewing serious charges against him.

The country needs a full and independent investigation into the facts and legality of the present Administration’s program.

You’re a better man than I am, Mr. Gore. I would have just told the White House, “Bite me.”