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“I fundamentally support what he did.”

Thursday, January 19, 2006  |  posted by Hugh Hewitt
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Congressman Shadegg on the NSA surveillance program instituted by President Bush.

An interesting moment on the conference call came when QandO’s Jon Henke pushed the Congressman for support for some sort of FISA rework to legislate on the issue of NSA surveillance and Congressman Shadegg seemed willing to explore that proposal. As an Article II national security conservative, I think this is not only beside-the-point, but also confusing on a crucial issue: Congress cannot restrain the president’s authority to defend the country, and that authority certainly extends to the surveillance of al Qaeda killers contacting their operatives in the United States. If the Congress passed a law forbidding such surveillance, that law would be unconstitutional.

UPDATE:

It was QandO’s Dale Franks, not Jon Henke, who brought up the idea of Congress revisit FISA. My apologies.

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