BYRD  (CONT)


The President claims that these powers are within his role as Commander in Chief. Make no mistake, the powers granted to the Commander in Chief are specifically those as head of the Armed Forces. These warrantless searches are conducted not against a foreign power, but against unsuspecting and unknowing American citizens. They are conducted against individuals living on American soil, not in Iraq or Afghanistan. There is nothing within the powers granted in the Commander in Chief clause that grants the President the ability to conduct clandestine surveillance of American civilians. We must not allow such groundless, foolish claims to stand.

The President claims a boundless authority through the resolution that authorized the war on those who perpetrated the September 11th attacks. But that resolution does not give the President unchecked power to spy on our own people. That resolution does not give the Administration the power to create covert prisons for secret prisoners. That resolution does not authorize the torture of prisoners to extract information from them. That resolution does not authorize running black-hole secret prisons in foreign countries to get around U.S. law. That resolution does not give the President the powers reserved only for kings and potentates.

I continue to be shocked and astounded by the breadth with which the Administration undermines the constitutional protections afforded to the people, and the arrogance with which it rebukes the powers held by the Legislative and Judicial Branches. The President has cast off federal law, enacted by Congress, often bearing his own signature, as mere formality. He has rebuffed the rule of law, and he has trivialized and trampled upon the prohibitions against unreasonable search and seizures guaranteed to Americans by the United States Constitution.

We are supposed to accept these dirty little secrets. We are told that it is irresponsible to draw attention to President Bush's gross abuse of power and Constitutional violations. But what is truly irresponsible is to neglect to uphold the rule of law. We listened to the President speak last night on the potential for democracy in Iraq. He claims to want to instill in the Iraqi people a tangible freedom and a working democracy, at the same time he violates our own U.S. laws and checks and balances? President Bush called the recent Iraqi election "a landmark day in the history of liberty." I dare say in this country we may have reached our own sort of landmark. Never have the promises and protections of Liberty seemed so illusory. Never have the freedoms we cherish seemed so imperiled.

These renegade assaults on the Constitution and our system of laws strike at the very core of our values, and foster a sense of mistrust and apprehension about the reach of government.

I am reminded of Thomas Payne's famous words, "These are the times that try men's souls."

These astounding revelations about the bending and contorting of the Constitution to justify a grasping, irresponsible Administration under the banner of "national security" are an outrage. Congress can no longer sit on the sidelines. It is time to ask hard questions of the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of the CIA. The White House should not be allowed to exempt itself from answering the same questions simply because it might assert some kind of "executive privilege" in order to avoid further embarrassment.