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Tuesday, December 20, 2005

Well, Is It or Isn't It?

Compare this statement by Jamie Gorelick President Clinton's Deputy Attorney General in 1994 --

"The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the President may, as has been done, delegate this authority to the Attorney General.

"It is important to understand, that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities." - Jamie Gorelick testifying before the Senate Intelligence Committee on July 14, 1994 (Thanks to Byron York).

With this statement by Jamie Gorelick today:

"The issue here is this: If you're John McCain and you just got Congress to agree to limits on interrogation techniques, why would you think that limits anything if the executive branch can ignore it by asserting its inherent authority?" 12/20/05 Washington Post, p. A10. (Thanks to Cliff May)

Ms Gorelick's legal opinions concerning what presidents can and cannot do seem clearly to be a function of which party the president is a member of.