U.S. Department of Justice Office of Legislative Affairs

By Moschella, William E.

Book Id: WPLBN0000683327
Format Type: PDF eBook
File Size: 298,162 KB.
Reproduction Date: 2005

Title:	U.S. Department of Justice Office of Legislative Affairs
Author:	Moschella, William E.
Volume:
Language:	English
Subject:	Government Reference Publication, Transportation., Transportation Administrative Service Center (U.S.)
Collections:	National Security Archive Collection
Historic Publication Date:
Publisher:	Transportation Security Administration


Citation APA MLA Chicago Moschella, W. E. (n.d.). U.S. Department of Justice Office of Legislative Affairs. Retrieved from http://gutenberg.cc/

Excerpt
As you know, in responsc to unauthorized disclosures in the media, the President has described certain activities of the National Security Agency (NSA) that he has authorized since shortly after Septcmber 1 1, 200 1. As described by the President, the NSA intercepts certain international communications into and out of the United States of people linked to al Qaeda or an affiliated terrorist orgatization. The purpose of these intercepts is to establish an early warning system to detect and prcvent another catastrophic terrorist attack on the United States. The President has made clear that he will use his constitutional and statutory authorities to protect the American people from further terrorist attacks, and the NSA activities the President described are part of that effort. Leaders of the Congress were briefed on these activities more than a dozen times. The purpose of this letter is to provide an additional brief summary of the legal authority supporting the NSA activities described by the President. As an initial matter, I emphasize a few points. The President stated that these activities are crucial to our national security. The President further explained that the unauthorized disclosure of this effort damages our national security and puts our citizens at risk. Revealing classified information is illegal, alerts our eliemies, and endangers our country. These critical national security activities remain classified. All United States laws and policies governing the protection and nondisclosure of national security information, including the information relating to the activities described by tlie President, remain in full force and effect. The unauthorized disclosure of classified infomlation violates federal criminal law. The Government may provide further classified briefings to tlie Congress on these activities in an appropriate manner. Any such briefings will be conducted in a manner that will not endanger national security. Under Article II of the Constitution, including in his capacity as Commander in Chief, the President has the responsibility to protect the Nation from further attacks, and the Constitution gives him all necessary authority to fulfill that duty. See, e.g., Prize Cases, 67 U.S. (2 Black) 635, 668 (1 863) (stressing that if the Nation is invaded, the President is not only authorized but bound to resist by force. without waiting for any special legislative authority); Comphell v. Clinton, 203 F.3d 19, 27 (D.C. Cir. 2000) (Silberman, J., concurring) ([Tlhe Prize Cases stand for the proposition that the President has independent authority to repel aggressive acts by third parties even without specific congressional authorization, and courts may not review the level of force selected.); id. at 40 (Tatel, J., concurring). The Congress recognized this constitutional authority in the preamble to the Authorization for the Use of Military Force (AUMF) of September 18, 2001, 1 15 Stat. 224 (2001) ([Tlhe President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.), and in the War Powers Resolution, see 50 U.S.C. 5 1541(c) (The constitutional powers of the President as Commander in Chief to introduce United States Armed Forces into hostilities [extend to] a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.).