BRUCE FEIN


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President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.


This quotation has much more meaning that similar statements of dozens of other people who claimed Bush should be impeached. The reason is that Fine was a strong conservative wanting to impeach a conservative President and he was the person who drafted the articles of impeachment against President William Clinton which passed the House but Clinton was acquitted by the Senate. So Fine was generally seen as a partisan for Republican Conservatives like Bush and a man who acted strongly against Clinton, and yet he observed in this quotation that Bush’s crimes were more serious. See {583797} for a concurring view on impeachment of Bush.


President George W. Bush initiated an invasion of Iraq based on the fact that Iraq was developing nuclear, chemical and biological weapons. After the invasion however, there were none of these weapons found and much evidence that there were not any at that point in time. By the time Congress, the body which is supposed to declare war, found out that the reason for the war was bogus, it was too late. We had already occupied the country and were in the midst of a civil war. The President either acted on bad intelligence or wanted to invade Iraq for other reasons and history may finally tell us which, but Fein sees the problem as too much secrecy in the executive branch.


Edward Snowden, a defense contractor and government employee, publicly revealed that the U. S. intelligence agencies were intercepting and keeping a data base of ALL telephone calls and all Internet e-mails. The government had denied that this was so, and had classified the domestic spying program as Top Secret. Snowden had signed an agreement not to reveal any classified information, and he violated the agreement. Therefore the government was trying to extradite Snowden from Russia at the time so that they could criminally prosecute him. However, there was great debate as to whether the spying on all Americans was legal and Constitutional. Many saw Snowden as a “whistleblower” and pointed out that the government which had lied wanted to prosecute Snowden for telling the truth. Fein, an attorney, was representing Snowden and his family.


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Bruce Fein
Bruce Fein
  • Born: March 12, 1947
  • Nationality: American
  • Profession: Lawyer

Bruce Fein is an American lawyer who specializes in constitutional and international law. Fein has written numerous articles on constitutional issues for The Washington Times, Slate.com, The New York Times, The Huffington Post and Legal Times, and is active on civil liberties issues. He has worked for the American Enterprise Institute and the Heritage Foundation, both conservative think tanks, as an analyst and commentator.