McCain, spying and executive power: A complete reversal in 6 months


Source: Salon
MCCAIN, SPYING AND EXECUTIVE POWER: A COMPLETE REVERSAL IN 6 MONTHS

[Commentary] Last December, as his campaign was floundering, Sen John McCain (R-AZ) responded to a questionnaire on executive power, spying and torture that was distributed to all candidates by The Boston Globe's Charlie Savage. Sen McCain explicitly refused to answer whether he thought there was "any executive power the Bush administration has claimed or exercised that . . . is unconstitutional." But on one critical issue -- whether he thinks the President possesses "inherent powers" under Article II "to conduct surveillance for national security purposes without judicial warrants, regardless of federal statutes" -- Sen McCain answered, "There are some areas where the statutes don't apply, such as in the surveillance of overseas communications. Where they do apply, however, I think that presidents have the obligation to obey and enforce laws that are passed by Congress and signed into law by the president, no matter what the situation is.... I don't think the president has the right to disobey any law." But that was December. Now that Sen McCain is desperate to shore up the support of right-wing extremists, he just gave the exact opposite answer. The McCain campaign recently said, "Senator McCain supports the FISA modernization bill passed by the Senate without qualification. He believes no additional steps should be necessary to secure immunity for the telecoms; both the 109th and 110th Congresses have conducted extensive evaluation and examination of this topic and have satisfied the public's need for appropriate oversight; hearings purportedly designed to "get to the bottom of things" have already occurred; and neither the Administration nor the telecoms need apologize for actions that most people, except for the ACLU and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. We do not know what lies ahead in our nation's fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution. In December, McCain said there was no such thing as Article II power to order surveillance in violation of FISA and agreed that, when it comes to warrantless eavesdropping, "federal statute trumps inherent power." But yesterday, McCain invoked that very same Article II authority as a basis for having telecoms help him spy.
http://www.salon.com/opinion/greenwald/2008/06/03/mccain/

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