Bush's Bid to Unsnarl Law on Terrorism ; President Bush Faces an Array of Challenges on Issues from Warrantless Wiretaps to Military Tribunals
Warren Richey writer of The Christian Science Monitor, The Christian Science Monitor
In the five years since the 9/11 attacks, President Bush has made good on promises to protect the nation from terrorism. But this success has come at a price.
In dramatic announcements this week, the president acknowledged making difficult choices that he says saved American lives. At the same time, Bush's aggressive use of commander in chief powers is exposing the White House to an unprecedented array of legal challenges. Among them:
* His system for military tribunals at Guantanamo, Cuba, was struck down as unfair and illegal by the US Supreme Court in June.
* His unilateral decision to allow the National Security Agency (NSA) to conduct warrantless surveillance operations on American soil was declared illegal and unconstitutional by a federal judge in August.
* His authorization of coercive interrogation tactics overseas could subject American soldiers and Central Intelligence Agency officials to war-crimes charges.
Now, the White House is asking Congress to clean up some of the legal fallout from the war on terror. With nine weeks left until midterm elections, political analysts say Bush will probably get at least some help from lawmakers.
The administration is asking Congress to enact a new statutory scheme to conduct war-crimes trials at Guantanamo. The White House wants lawmakers to create a retroactive exemption to shield US officials from legal liability for use of harsh, coercive interrogation tactics. And the administration is backing efforts in Congress to endorse the NSA's secret surveillance program.
Although his administration has been knocked on its heels in court, Mr. Bush is on the offensive, taking his case directly to the people in a series of speeches this week.
In comments on Thursday, he defended the NSA surveillance program, saying it was necessary because of major changes in communications technology since 1978 when the wiretapping law was passed.
"The terrorists who want to harm America can now buy disposable cellphones and open anonymous e-mail addresses. Our laws need to change to take these changes into account," Bush said. "If an Al Qaeda commander or associate is calling in the United States, we need to know why they are calling, and Congress needs to pass legislation supporting this program."
In a speech Wednesday, Bush acknowledged publicly for the first time that the US had held nearly 100 Al Qaeda suspects in secret CIA prisons overseas and subjected them to aggressive interrogation tactics.
He said "alternative" interrogation procedures were used by the CIA to force reluctant Al Qaeda leaders to talk.
"This program has been and remains one of the most vital tools in our war against the terrorists," Bush said. "Were it not for this program, our intelligence community believes that Al Qaeda and its allies would have succeeded in launching another attack against the American homeland."
The Washington Post has reported that the CIA used tactics such as water- boarding, sleep deprivation, and loud music for prolonged periods.
Administration officials declined to discuss specific techniques. But Bush insisted that the US does not use torture.
In his Wednesday speech, the president revealed that no Al Qaeda suspects are currently being held in secret CIA prisons. But he said it remains an option for future detainees. …