William Rawle Quotes

Katyl had represented Salim Ahmed Hamdan, a Yemeni suspected Islamic terrorist being held at Guantanamo who sued the Government over his detention without trial or due process and the Bush Administration’s Military Commissions. In Hamdan v. Rumsfeld, the Supreme Court ruled that the Government was violating Hamdan’s rights.

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.

The President had authorized the NSA to spy Americans who might have been suspected of being themselves or being in contact with terrorists without obtaining permission of a court including the Foreign Intelligence Surveillance Act (FISA) special court that had been established for these cases. Instead the administration argues that it was inherent in the powers of the Presidency in time of war.

In 2006, in the midst of the War on Terror, it was revealed that President George W. Bush had approved a electronic surveillance program that was on the surface contrary to the FISA laws prohibiting such government activity. The President claimed that the necessities of the war required such a deviation. A national debate ensued as to whether the President was always required to follow laws as passed or did he have “inherent powers” under the Constitution to do whatever he thought necessary to fight a war.

President George W. Bush had ordered NSA agents to bug the phones and email of American citizens who might have been talking with an overseas party or e-mailing them out of the country. The administration thought that American citizens might be part of terrorist sleeper cells or unwittingly were aiding terrorists. The law prohibited such activity—where American citizens were involved—without getting a court order. However, the President claimed that he had the inherent power as commander in chief of exempting the court requirement. Others maintained that even the President is not above the law. What was the big puzzle was that there was a secret court Congress had established just for such cases, but the administration instead decided to bypass the court.

Opinion in case against the government for illegal CIA activities. The defense had been that the President had authorized and ordered the operations in question.

This was an insult to the George W. Bush administration which had stretched the Constitution more so than any previous administration, had asserted Presidential powers that had never been asserted before and had had several of its more controversial policies and practices overturned by the Supreme Court.

Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.

The Egyptian Army, responding to huge demonstrations, ordered the Muslim Brotherhood President to step down in what appeared to be a coup d’etat. There was an American law that required a cut off of foreign aid to any government that had come to power. The American Administration and most of Congress did not want to terminate foreign aid to Egypt, and announced that it could not come to a conclusion as to whether or not there was a coup. They did not say that there was no coups—they just decided not to decide. Since there was no finding of a coups, there was no cutoff. Senator Paul and a few other Senators, observing that there had been a coup, wanted the administration to cut off the foreign aid even though it would be detrimental to our foreign policy. The government must obey the law they argued, regardless of the consequences.