RawStory has received a leaked copy of the Justice Department's
forty page legal memorandum supporting the notion that NSA-conducted, Bu
$h-authorized warrantless wiretaps are
both legal and constitutional.
From the
January 19 edition of RawStory:
In a detailed 40-page legal memorandum set for release this evening the Bush Justice Department will defend the President's warrantless wiretap program as legal. A copy of the document was leaked to RAW STORY
From the
Justice Department memo:
The NSA activities are an indispensable aspect of this defense of the Nation. By targeting the international communications into and out of the United States of persons reasonably believed to be linked to al Qaeda, these activities provide the United States with an early warning system to help avert the next attack. For the following reasons, the NSA activities are lawful and consistent with civil liberties.
::snip::
The NSA activities are supported by the President's well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States.
::snip::
In the specific context of the current armed conflict with al Qaeda and related terrorist organizations, Congress by statute has confirmed and supplemented the President's recognized authority under Article II of the Constitution to conduct such warrantless surveillance to prevent further catastrophic attacks on the homeland. In its first legislative response to the terrorist attacks of September 11th, Congress authorized the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" of September 11th in order to prevent 'any future acts of international terrorism against the United States.