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Former Justice Department Lawyer Says Portions of Eavesdropping Program Were Illegal
Fox News ^

Posted on 10/02/2007 9:57:56 AM PDT by Sub-Driver

Former Justice Department Lawyer Says Portions of Eavesdropping Program Were Illegal

Tuesday , October 02, 2007

AP

WASHINGTON — A former top lawyer for the Bush administration on Tuesday said that parts of the President Bush's controversial eavesdropping program were illegal.

There were certain aspects of the Terrorist Surveillance Program "that I could not find the legal support for," Jack Goldsmith, the former head of the Justice Department's Office of Legal Counsel, told the Senate Judiciary Committee.

But he would not say exactly what law or constitutional principle the surveillance violated. Goldsmith said the White House has forbidden him from saying anything about the legal analysis underpinning the program — key details long sought by majority Democrats and some Republicans.

Goldsmith served as the Justice Department's top legal adviser to the White House from 2003 to 2004.

The legal rationale for the program is so secretive it was initially not even shared with the general counsel of the National Security Agency, which conducted the surveillance.

Goldsmith said he assumes that the White House does not want the TSP program scrutinized.

(Excerpt) Read more at foxnews.com ...


TOPICS: Front Page News; Government; War on Terror
KEYWORDS:
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1 posted on 10/02/2007 9:58:03 AM PDT by Sub-Driver
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To: Sub-Driver
But he would not say exactly what law or constitutional principle the surveillance violated.

I see. Thanks for playing, you disgruntled asshat.

2 posted on 10/02/2007 9:59:19 AM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Sub-Driver

Jack Goldsmith...just another lefty who wants America to lose.


3 posted on 10/02/2007 10:03:14 AM PDT by Suzy Quzy (Hillary '08...Her PHONINESS is REAL!!!)
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To: Sub-Driver

translation: I need money so I’ll blame Republicans and get hired by moveon and Soros.


4 posted on 10/02/2007 10:06:13 AM PDT by cinives (On some planets what I do is considered normal.)
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To: wideawake

“But he would not say exactly what law or constitutional principle the surveillance violated.”

“I see. Thanks for playing, you disgruntled asshat.”

No where did it say he was disgruntled. It did say that he was not allowed to say anything. He CAN’T because he was told not to......
“But he would not say exactly what law or constitutional principle the surveillance violated. Goldsmith said the White House has forbidden him from saying anything about the legal analysis underpinning the program — key details long sought by majority Democrats and some Republicans. “


5 posted on 10/02/2007 10:12:37 AM PDT by bigred41
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To: Sub-Driver

I wish he would have been more specific. I honestly do have some reservations about the eavesdropping progam, but nothing I have seen look out of bounds to me. I am interested, however, if there is evidence to the contrary. It seems to me that running around giving baseless assertions is a sign of the times.


6 posted on 10/02/2007 10:14:59 AM PDT by Paradox (Politics: The art of convincing the populace that your delusions are superior to others.)
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To: bigred41
Goldsmith said the White House has forbidden him from saying anything about the legal analysis underpinning the program

I stand corrected, about the baseless thing. I wonder if the White House can really do such a thing. Seems to me, they would have a tough time prosecuting him, as he would be something of a "hero", at least to a large segment of the population. Hmmmm... makes me wonder.

7 posted on 10/02/2007 10:19:42 AM PDT by Paradox (Politics: The art of convincing the populace that your delusions are superior to others.)
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To: Sub-Driver
"that I could not find the legal support for,"

Not the same as being illegal.

Maybe he should have said there was "no compelling legal authority."
Hey, it was good enough for Al Gore.

8 posted on 10/02/2007 10:25:23 AM PDT by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
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To: bigred41

He is NOT forbidden from saying exactly WHAT provisions of the Act are illegal. He is not as you claim “forbidden from saying anything” but was forbidden from “saying anything about the legal analysis underpinning the program —”.

The provisions of the Patriot Act are well known to all members of Congress so this man was free to speak out about those specific parts of the PA he claimed were illegal. Once again, he was only forbidden to speak out about the legal analysis of these provisions he “believed” to be illegal.


9 posted on 10/02/2007 11:09:35 AM PDT by Eagles Talon IV
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To: bigred41
No where did it say he was disgruntled.

Of course it doesn't say that. It isn't in the MSM's interest to point that fact out.

It did say that he was not allowed to say anything. He CAN’T because he was told not to......

Except that he's got an entire book out about the administration's surveillance program entitled The Terror Presidency

So he's talking all day long about the Administration to Bill Moyers and any other leftie who will listen - but he keeps it to nasty anecdotes and insinuation rather than being a man and discussing the legal substance.

Goldsmith said the White House has forbidden him from saying anything about the legal analysis underpinning the program — key details long sought by majority Democrats and some Republicans.

If he feels that strongly about it he can legally challenge the administration and speak his mind.

No, the reason why the MSM and the left adulates this individual is because he is a disgruntled former insider who gladly badmouths evil Chimpy while supplying no meaningful information on the substance of the program.

10 posted on 10/02/2007 11:17:32 AM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Sub-Driver

“There were certain aspects of the Terrorist Surveillance Program “that I could not find the legal support for”

How does his ignorance make the program illegal?

I don’t know his ideology, but he’s a natural leftist.


11 posted on 10/02/2007 11:27:12 AM PDT by vetsvette (Bring Him Back)
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To: Sub-Driver
Flying planes into building is illegal too.

That didn't stop the people from doing that either.

It is called WAR!

12 posted on 10/02/2007 11:29:54 AM PDT by BallyBill (Serial Hit-N-Run poster)
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To: Paradox
I wonder if the White House can really do such a thing. Seems to me, they would have a tough time prosecuting him, as he would be something of a "hero", at least to a large segment of the population. Hmmmm... makes me wonder.

I assume the White House asserted attorney-client privilege, in which case he could face disbarment for testifying.

13 posted on 10/02/2007 11:37:21 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: wideawake
But he would not say exactly what law or constitutional principle the surveillance violated.

How convenient. He knows it broke the law but he doesn't know how. Brilliant. Maybe he should consult a lawyer.

14 posted on 10/02/2007 11:40:03 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: Sub-Driver

“that I could not find the legal support for,”

The headline is a LIE!

For it to be “illegal” he would have to have found a law “prohibiting” the action.
No such claim is made.


15 posted on 10/02/2007 11:47:07 AM PDT by G Larry (HILLARY CARE = DYING IN LINE!)
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To: Lurking Libertarian
I assume the White House asserted attorney-client privilege, in which case he could face disbarment for testifying.

The "White House" is the US Executive and he was an employee of the US Executive.

If he was an outside attorney employed by the US Executive then there might be privilege to assert.

But a corporation's internal counsel cannot hide malfeasance by the corporation by claiming that his employer is also his client.

Not to mention, there are a raft of federal whistleblower laws that shield him from adverse consequences.

16 posted on 10/02/2007 11:47:29 AM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Sub-Driver

Yeah, so did some leftist Bushhating judge.

What of it?

:)


17 posted on 10/02/2007 11:48:25 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: Lurking Libertarian; Paradox
I would also add that attorney/client privilege is not an obligation when the attorney's confidence is being relied upon by the client in order to assist the client in committing a crime.

If it is his belief that the surveillance conducted under DOJ auspices is in fact illegal, then he is relieved of his obligation.

18 posted on 10/02/2007 11:52:23 AM PDT by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Sub-Driver

I heard him on NPR this morning (please forgive me). He hinted that it violated FISA. However, those parts of FISA are unconstitutional.


19 posted on 10/02/2007 12:01:47 PM PDT by Hoodat (satan always overplays his hand)
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To: Sub-Driver
>>>Goldsmith said he assumes that the White House does not want the TSP program scrutinized. <<<

I wonder if it occurred to this asshat that we don't want it "scrutinized" by enemies of the United States that would use it to their advantage in exploiting weaknesses in our defenses.

Letting details of the program out to Senators is one and the same as delivering the details Priority Mail to terrorists.

20 posted on 10/02/2007 12:09:51 PM PDT by HardStarboard (Take No Prisoners - We're Out of Qurans)
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