Tuesday, January 24, 2006

President Bush on the NSA

At a speech yesterday at Kansas State, President Bush offered a brief, yet very cogent, defense of the National Security Agency's surveillance program:

I made the decision to do the following things because there's an enemy that still wants to harm the American people. What I'm talking about is the intercept of certain communications emanating between somebody inside the United States and outside the United States; and one of the numbers would be reasonably suspected to be an al Qaeda link or affiliate. In other words, we have ways to determine whether or not someone can be an al Qaeda affiliate or al Qaeda. And if they're making a phone call in the United States, it seems like to me we want to know why.

This is a -- I repeat to you, even though you hear words, "domestic spying," these are not phone calls within the United States. It's a phone call of an al Qaeda, known al Qaeda suspect, making a phone call into the United States. I'm mindful of your civil liberties, and so I had all kinds of lawyers review the process. We briefed members of the United States Congress, one of whom was Senator Pat Roberts, about this program. You know, it's amazing, when people say to me, well, he was just breaking the law -- if I wanted to break the law, why was I briefing Congress? (Laughter and applause.)


Aside from this very important point, the president also noted his Constitutional authority to conduct the type of surveillance done under the NSA:

Recently there was a Supreme Court case called the Hamdi case. It ruled the authorization for the use of military force passed by the Congress in 2001 -- in other words, Congress passed this piece of legislation. And the Court ruled, the Supreme Court ruled that it gave the President additional authority to use what it called "the fundamental incidents of waging war" against al Qaeda.

I'm not a lawyer, but I can tell you what it means. It means Congress gave me the authority to use necessary force to protect the American people, but it didn't prescribe the tactics. It's an -- you've got the power to protect us, but we're not going to tell you how. And one of the ways to protect the American people is to understand the intentions of the enemy. I told you it's a different kind of war with a different kind of enemy. If they're making phone calls into the United States, we need to know why -- to protect you. (Applause.)


These simple arguments, seemingly unknown or unrealized by the MSM, are the driving force behind the legality of the NSA's surveillance program.

The issue is not hard to understand, given the facts. But that's the problem with the MSM. Fact-checking and research aren't high priorities, whereas baseless arguments and agenda journalism are.

(HT: John Hinderaker, who has an interesting side note about CNN.)