January 20, 2009

UNIFY? MAYBE. UNITARY EXECUTIVE? DEFINITELY:

Holder for Wiretaps: The AG nominee bows on Presidential power. (WSJ, 1/20/09)

First it was the special surveillance court that we learned last week has affirmed the President's constitutional power to undertake warrantless wiretaps. Now comes Attorney General nominee Eric Holder, who endorsed this executive authority during his confirmation hearing late last week. [...]

Mr. Holder now concedes that Presidents have inherent powers that even a statute can't abridge, notwithstanding his campaign speeches. That makes us feel better about a General Holder on national security. But his concession is further evidence that the liberal accusations about "breaking the law" and "illegal wiretaps" of the last several years were mostly about naked partisanship. Mr. Holder's objection turns out to be merely the tactical political one that the Bush Administration would have been better off negotiating with Congress for wiretap approval, not that it was breaking the law. Now he tells us.


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Posted by Orrin Judd at January 20, 2009 8:06 AM
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