Amen, Brother Feingold

Keep it secret, keep it safe...

Some fine words from Senator Russ Feingold posted over at Daily Kos on the ludicrous applause of President Bush's defense of his warrentless wiretapping (aka, "terrorist surveillance") program during the SOTU and the less-than-truthful Alberto "VO5" Gonzales:

[T]he President is living in a pre-1776 world.

Our Founders lived in dangerous times, and they risked everything for freedom. Patrick Henry said, "Give me liberty or give me death." The President's pre-1776 mentality is hurting America and fracturing the foundation on which our country has stood for 230 years. The President can't just bypass two branches of government, and obey only those laws he wants to obey. Deciding unilaterally which of our freedoms still apply in the fight against terrorism is unacceptable and needs to be stopped immediately.

Many of you saw this week's story in the Washington Post on the exchange Attorney General Alberto Gonzales and I had during his confirmation hearing in January of last year. Mr. Gonzales misled me and the Senate Judiciary Committee under oath about whether the President could spy on Americans without a warrant. (Many of you blogged about it when the story first broke and I thank you for getting the word out.) That exchange is extremely telling about the depths to which this administration will go to grab power. I look forward to a little more honesty from the Attorney General when he testifies about the spying program before the Judiciary Committee on Monday.

[...]

Stop the power grab, stop the politics, stop breaking the law.

It's time to stand up - not to cheer, but to fight back.

In regards to Feingold's charges that Gonzales misled him, here are the key grafs from the WaPo story:

In a letter to the attorney general yesterday, Feingold demanded to know why Gonzales dismissed the senator's question about warrantless eavesdropping as a "hypothetical situation" during a Senate Judiciary Committee hearing in January 2005. At the hearing, Feingold asked Gonzales where the president's authority ends and whether Gonzales believed the president could, for example, act in contravention of existing criminal laws and spy on U.S. citizens without a warrant.

Gonzales said that it was impossible to answer such a hypothetical question but that it was "not the policy or the agenda of this president" to authorize actions that conflict with existing law. He added that he would hope to alert Congress if the president ever chose to authorize warrantless surveillance, according to a transcript of the hearing.

In fact, the president did secretly authorize the National Security Agency to begin warrantless monitoring of calls and e-mails between the United States and other nations soon after the Sept. 11, 2001, terrorist attacks.