From Democratic Underground's blogs during yesterday's grilling of Alberto Gonzales in the Senate Judiciary Committee:
Diane Feinstein: "About FISA, you say that the President has the authority to wiretap Americans without warrants due to his war powers under Article 2, correct?"
Alberto Gonzales: "Yes."
DF: "And I got a letter from your associate saying that the President could act because Congress had not set up a statute. Well, that's not true. The FISA law clearly says that the President can eavesdrop without warrants for 15 days after a declaration of war."
AG: "Yes, but we didn't have a declaration of war, only an authorization to use military force, so we couldn't work with that provision."
DF: "So you're saying that the AUMF does not amount to a declaration of war?"
AG: "Obviously they are different."
DF: "So if the AUMF is not a declaration of war, the president shouldn't have WAR powers!"
AG: "................."
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