Guess who said the following:
[T]the decision to release classified information โis committed to the discretion of the Executive Branch, and is not subject to judicial review. Moreover, the Court does not have independent power . . . to order the Government to grant counsel access to classified information when the Executive Branch has denied them such access.โ โฆ federal judges are โill-equipped to second-guess the Executive Branch.โ
Was it Dick Cheney? David Addington? John Yoo? Andy McCarthy?
Nope. It was the Obama Justice Department. The Wall Street Journal notes:
The practical effect is to prevent the courts from reviewing the legality of the warrantless wiretapping program that Mr. Obama repeatedly claimed to find so heinous โ at least before taking office. โฆ Hide the children, but we agree with Mr. Obama that the President has inherent Article II Constitutional powers that neither the judiciary nor statutes like FISA can impinge upon. The FISA appeals court said as much in a decision released in January, as did Attorney General Eric Holder during his confirmation hearings. Itโs reassuring to know the Administration is refusing to compromise core executive-branch prerogatives, especially on war powers. Then again, we are relearning that the โImperial Presidencyโ is only imperial when the President is a Republican. Democrats who spent years denouncing George Bush for โspying on Americansโ and โillegal wiretapsโ are now conspicuously silent.
More here.






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