SCOTUS confirms wiretapping illegal - civil suit against a sitting

[BR_Parkway]

President?

Here's the key paragraphs from the SCOTUS opinion:

Neither the AUMF nor the DTA can be read to provide specific, overriding authorization for the commission convened to try Hamdan. Assuming the AUMF activated the President’s war powers, see Hamdi v. Rumsfeld, 542 U. S. 507, and that those powers include authority to convene military commissions in appropriate circumstances, see, e.g., id., at 518, there is nothing in the AUMF’s text or legislative history even hinting that Congress intended to expand or alter the authorization set forth in UCMJ Art. 21.

Oops, no blank check there.

Whether or not the President has independent power, absent congressional authorization, to convene military commissions, he may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers.

So much for the Urinary Executive theory.

Remember when the Vast Right Wing noise machine was pushing to get any dirt on a Clinton? And they managed to get precedent set that a sitting Prez could be named in a civil lawsuit, have to testify under oath and all?

Surely there is some form of class action (or perhaps RICO, since we now have illegal acts) that could be bought to bear on ShrubCo and crew. If the Repub controlled Congress won't do their job, is there some way we could force the issue by suing?

[Poll_Blind]

1. Thank you for posting this! n/t

PB

[stop the bleeding]

2. I wonder if * hears that sound?

:hurts: the sound of his ass leaking ;)

[hootinholler]

10. Speaking of which...

I was wondering the same about Gonzo-torture-boy yesterday.

-Hoot

[wizstars]

3. Chimp goes to Memphis

I just realized why the liar-in-chief decided to go w/ the Japanese PM to Graceland. He must've heard the song that says, "you've got a friend in Memphis," and he certainly doesn't have any anywhere else. RW

[BR_Parkway]

4. Welcome to DU wizstars!

[newyawker99]

13. Hi wizstars!!

Welcome to DU!! :toast:

[BlueCaliDem]

5. Although this is GREAT news (didn't think SCOTUS had it in them)...

...don't "misunderestimate" the power Bush has over his slapped dogs in Congress.

As lawmakers all they have to do is tweak the law here, and there and...voila!

Presidential urinary powers even SCOTUS won't be able to overlook!

Okay. So that's cynical, but we should know by now, that Bush will have his way, and with a submissive Republican congress with help from the DINOs, Bush usually gets his way.

[thecrow]

6. Hey, not to worry

Smirk will just do a signing statment and this problem will go away!

[Gregorian]

7. Ha, I thought the same thing. But I doubt that applies.

I think signing statements are beneath this. They only apply to bills passed in Congress. Not standing laws (I'm not sure what the terminology is).

There is only so far they could stretch the Constitution and still call this America. It is testament to how well the founders thought through the possible scenarios of corruption.

[many a good man]

8. Sue now: we're only one vote away from fascism !

The Hamdam ruling yesterday confirms that four justices support the president's power to circumvent Congress, the Constitution, and international law.

If any one of the other five justices slips on a banana peel we will have a right wing authoritarian government on our hands for the foreseeable future.

We better speed every case we can up to the SCOTUS before bush* gets a chance to make another nomination. By then it will be too late.

[Disturbed]

9. Bush and Cheney must be Impeached.

Both have violated Laws. If Congress will not perform their Constitutional duties a Civil Suit must be brought forth.

[many a good man]

11. One more right wing justice will make bush unimpeachable

By the time a civil suit winds it way through the court system it may be too late. One more right wing justice on the Court will make bush's power grab legal, therefore not impeachable.

Even if Dems take the House next Fall impeachment would stall in the Senate. Sixty votes are needed to convict there.

[texpatriot2004]

12. I have wondered the same thing for years now. nm