http://thinkprogress.org/2006/01/15/specter-impeachment/

January 15, 2006

Specter: If Bush Broke The Law With Warrantless Spying, Impeachment Is
A Remedy


Today on ABC's This Week, Sen. Arlen Specter (R-PA) -- who plans to
hold hearings on Bush's warrantless domestic spying program -- upped
the ante. http://www.heraldnewsdaily.com/stories/news-00124922.html

He said that if it is determined that Bush broke the law, both
impeachment and criminal prosecution are legitimate remedies:


STEPHANOPOULOS:

There was a lot of talk about that at the Alito hearings, and
listening closely to you I certainly seem to take away that you
believe the president does not have the right, does not have the
inherent power under the Constitution to circumvent a constitutional
law, and as far as you are concerned, the FISA law is constitutional,
isn't it?

SPECTER:

Well, I started off by saying that he didn't have the authority under
the resolution authorizing the use of force. The president has to
follow the Constitution. Where you have a law which is constitutional,
like Foreign Intelligence Surveillance Act, there still may be
collateral different powers in the president under wartime
circumstances.

That's a very knotty question that I'm not prepared to answer on a
Sunday soundbite. But I do believe that it ought to be thoroughly
examined. And when we were on the Patriot Act and found the disclosure
of the surveillance, I immediately said the Judiciary Committee would
hold hearings, and I talked to the attorney general, and we're going
to explore it in depth, George. You can count on that.

STEPHANOPOULOS:

You know, if the president did break the law or circumvent the law,
what's the remedy?

SPECTER:

Well, the remedy could be a variety of things. A president -- and I'm
not suggesting remotely that there's any basis, but you're asking,
really, theory, what's the remedy? Impeachment is a remedy. After
impeachment, you could have a criminal prosecution, but the principal
remedy, George, under our society is to pay a political price.

The non-partisan Congressional Research Service concluded "that the
administration's justification for the warrantless eavesdropping
authorized by President Bush conflicts with existing law and hinges on
weak legal arguments."
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/06/AR2006010601772.html

____________________________________________________________________

Specter: "What's the remedy? Impeachment is a remedy. After
impeachment, you could have a criminal prosecution"

Harry

http://thinkprogress.org/2006/01/15/specter-impeachment/
January 15, 2006
Specter: If Bush Broke The Law With Warrantless Spying, Impeachment Is A Remedy

http://thinkprogress.org/2006/01/15/specter-impeachment/

January 15, 2006

Specter: If Bush Broke The Law With Warrantless Spying, Impeachment Is
A Remedy

Today on ABC’s This Week, Sen. Arlen Specter (R-PA) -- who plans to
hold hearings on Bush’s warrantless domestic spying program -- upped
the ante. http://www.heraldnewsdaily.com/stories/news-00124922.html

He said that if it is determined that Bush broke the law, both
impeachment and criminal prosecution are legitimate remedies:


STEPHANOPOULOS:

There was a lot of talk about that at the Alito hearings, and
listening closely to you I certainly seem to take away that you
believe the president does not have the right, does not have the
inherent power under the Constitution to circumvent a constitutional
law, and as far as you are concerned, the FISA law is constitutional,
isn’t it?

SPECTER:

Well, I started off by saying that he didn’t have the authority under
the resolution authorizing the use of force. The president has to
follow the Constitution. Where you have a law which is constitutional,
like Foreign Intelligence Surveillance Act, there still may be
collateral different powers in the president under wartime
circumstances.

That’s a very knotty question that I’m not prepared to answer on a
Sunday soundbite. But I do believe that it ought to be thoroughly
examined. And when we were on the Patriot Act and found the disclosure
of the surveillance, I immediately said the Judiciary Committee would
hold hearings, and I talked to the attorney general, and we’re going
to explore it in depth, George. You can count on that.

STEPHANOPOULOS:

You know, if the president did break the law or circumvent the law,
what’s the remedy?

SPECTER:

Well, the remedy could be a variety of things. A president -- and I’m
not suggesting remotely that there’s any basis, but you’re asking,
really, theory, what’s the remedy? Impeachment is a remedy. After
impeachment, you could have a criminal prosecution, but the principal
remedy, George, under our society is to pay a political price.

The non-partisan Congressional Research Service concluded "that the
administration’s justification for the warrantless eavesdropping
authorized by President Bush conflicts with existing law and hinges on
weak legal arguments."
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/06/AR2006010601772.html

____________________________________________________________________

Specter: "What’s the remedy? Impeachment is a remedy. After
impeachment, you could have a criminal prosecution"

Harry