War and Intel

There is a reason why a declaration of war is important. First it must be done by Congress, then prosecuted by the President. Second it allows the kind of action that the Patriot Act was passed to authorize. Since Congress could not bring itself to make such a decisive declaration we are left with partisan bickering over essential procedures that help apprehend our enemies.

A bipartisan group of U.S. senators, demanding increased protection of civil liberties, defied President George W. Bush on Friday and blocked legislation to renew the USA Patriot Act, a centerpiece of his war on terrorism.

We are also open to the perfidious meddling of the liberal press as Michelle Malkin has so wonderfully pointed out in deconstructing the NY Times piece on wire taping by the NSA.

Then add to this the goofy definitions of torture in the McCain rule banning the proceedure. It is absolute nonsense to say "don't torture but if you must do it go ahead but we'll still take you to court". But to define torture as "cruel, inhuman or degrading treatment or punishment" which basically means our enemies can't be treated like a visiting player is by the home town fans shouting from the bleachers.

As they have made laws that hinder our police from apprehending criminals and the courts from convicting them, now they are doing the same to those who are charged with projecting American security into the world. The Democrats act as if they are embarrassed by our nations power and prosperity It may just be that the leaders of this country no longer, if ever, have the will to advance our interests as a nation. With no confidence in our society they make our enemies more bold and our friends less reliable.

When war powers are given they expire at the end of the war. If legislation is needed to further protect the nation afterwards then Congress can craft them over the time of the conflict rather than at the last minute as the Patriot Act had to be. This Congress acts more as a band wagon rider that master of ceremony. Now we are witnessing the petty turf battles of a Congress infected with people who desire only the acquisition and exercise of power.

More troubling is the leaks coming out of the CIA, NSA or a Senator on the intelligence committee. It is unlikely there is any other source. We cannot conduct national security when our intelligence is not secure. Great indignation has been expressed over the Valeri Plame incident, but nothing about this publishing of CIA and NSA procedures. Plaime is nothing, our efforts to discover what our enemies are up to is crucial. The people doing this are a fifth column, just what the provisions of the Patriot act where designed to discover. No wonder the left wants it gone.


University of Chicago Law school has disussion on legal argument in light of "Authorization of Use of Force"

The authorization for the use of military force (AUMF) says, "the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."

Michelle Malkin puts it together.
posted at TMH’s Bacon
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