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Tuesday, January 31, 2006

Lying to Congress, again and again

Think Progress has caught both General Hayden, former director of the NSA, and Attorney General Gonzales in outright lies to Congress. At the time they gave the testimony below, both were fully aware that the NSA was spying on Americans without a warrant:

GOSS: OK, my second question, then. General Hayden, you said something about bin Laden coming across the bridge, hypothetical, of course. But I take that to mean that if bin Laden did come there would be capabilities that we have that we can use elsewhere in the world that we cannot use in the United States of America. Is that correct?

HAYDEN: Not so much capabilities, but how agilely we could apply those capabilities. The person inside the United States becomes a U.S. person under the definition provided by the FISA Act.


GOSS: Well, lets — again, I don’t want to get into details. I’m aware of the public nature of this meeting. But let’s just suppose this sniper [in the United States] is somebody we wanted to catch very badly. Could we apply all our technologies and all our capabilities and all our know how against that person? Or would that person be considered to have protection as an American citizen?

HAYDEN: That person would have protections as what the law defines as a U.S. person. And I would have no authorities to pursue it.

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SEN. FEINGOLD: I — Judge Gonzales, let me ask a broader question. I’m asking you whether in general the president has the constitutional authority, does he at least in theory have the authority to authorize violations of the criminal law under duly enacted statutes simply because he’s commander in chief? Does he — does he have that power?

After trying to dodge the question for a time, Gonzales issued this denial:

MR. GONZALES: Senator, this president is not — I — it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.

Lying to Congress is, of course, against the law. But, since this president thinks he's above the law, I guess he thinks his men are above the law as well.

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