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| reply to openbox9
Re: Bribe!!! said by openbox9:I believe there is a larger reason to prevent the release of these documents. I think it has something to do with the year-long period before AG Ashcroft was replaced by Gonzales. Comey's testimony to Congress said Ashcroft refused to re-certify something, and there was a big squabble about it while Ashcroft underwent surgery. Comey said he was told it was certified anyway. A year later Gonzales replaced Ashcroft.
My guess is that Bush certified it himself. And, both he and Obama want to avoid the legal/constitutional question of whether 18 U.S.C. 2511(2)(a)(ii)(B) is limited exclusively (literally) to the Attorney General. Or, if it's a broader recognition of power residing in the Executive branch (and, since the AG is subordinate to the Executive, it's implied that the Executive can certify warrantless surveillance.).
Or, it may not be that complicated. Obama (now holding the Executive office) may have a fiduciary duty to protect that office and its powers. Make it as difficult as possible for political activists to undermine the office's authority.
Make no mistake, the anti-surveillance, pro-civil suit group are just political activists who are trying to accomplish through the judicial system what they couldn't accomplish through the political system.
Mark |
