"It is not a driftnet over Dearborn or Lackawanna" or other areas with many Arab-American residents, [Hayden] said. "This is hot pursuit of communications entering or leaving America involving someone we believe is associated with Al Qaeda."
So long as the administration's in hot pursuit of electronic impulses
Certainly the AUMF must apply to terrorist threats within the U.S.
why do you think the above quote does not apply to actions in the U.S. as well as abroad?
Just before the Senate acted on this compromise resolution, the White House sought one last change. Literally minutes before the Senate cast its vote, the administration sought to add the words "in the United States and" after "appropriate force" in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas -- where we all understood he wanted authority to act -- but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.
The AUMF authorizes the President to use "all necessary and appropriate force" against "nations, organizations, or persons" associated with the September 11, 2001, terrorist attacks. 115 Stat. 224. There can be no doubt that individuals who fought against the United States in Afghanistan as part of the Taliban, an organization known to have supported the al Qaeda terrorist network responsible for those attacks, are individuals Congress sought to target in passing the AUMF. We conclude that detention of individuals falling into the limited category we are considering, for the duration of the particular conflict in which they were captured, is so fundamental and accepted an incident to war as to be an exercise of the "necessary and appropriate force" Congress has authorized the President to use.
I look forward to working with my colleagues on the other side and my chairman and ranking member to find a way to collaborate with the White House on the NSA issue. I am sympathetic to your concerns. I am very concerned that the war resolution is being interpreted overly broad. I think that is a legitimate concern for the Congress to have and I look forward to working with you.
The PR offensive will gain polling points. PR offensive almost always do. That is why the case is being made in the Court of Public Opinion.
However, the comments do nothing but damage to Bush's legal case if it ever gets into a real court.
Gen. Hyden's remarks confirm what was common speculation here. That is, the principal reason the FISA courts were bypassed was that the program failed to meet the legal standard of probable cause.