“The issue here is this: If you’re John McCain and you just got Congress to agree to limits on interrogation techniques, why would you think that limits anything if the executive branch can ignore can ignore it by asserting its inherent authority?”- Jamie Gorelick, former deputy attorney general under President Clinton, in today’s Washington Post, p. A10.
“The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes and that the President may, as has been done, delegate this authority to the Attorney General.
“It is important to understand, that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities.” – Jamie Gorelick testifying before the Senate Intelligence Committee on July 14, 1994, as quoted by Byron today elsewhere on NRO.
Gorelick is making a simple point: The rules are different when there is a Democrat in the White House. What about that don’t you understand?