At NRO’s Corner, the invaluable Andrew McCarthy suggests that the answer to the question, in the eyes of some prominent liberals such as then-assistant attorney general and former acting Solicitor General Walter Dellinger, is: It depends on who the president is. McCarthy has more here and here.
McCarthy’s commentary reflects tremendous work done by Bryan Cunningham to demonstrate the president’s authority to authorize the NSA terrorist surveillance. Bryan Cunninhgam’s lengthy but important letter is accessible in PDF in the first of McCarthy’s three linked Corner posts (i.e., this one). McCarthy finds noteworthy the reversal executed by former Clinton officials (Walter Dellinger in particular) in attacking Bush while vigorously defending presidential power to ignore statutes while Clinton was in office.
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“Arise and take our stand for freedom as in the olden time.” Winston Churchill
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