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The Honolulu Advertiser
Posted on: Saturday, January 27, 2007

Limits on power? Bush won't hear of it

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Americans who are worried about the Bush administration's tight grip on the reins of power can't be happy with the news from Capitol Hill.

First, the president signals that he's now ready to end the practice of conducting warrantless wiretapping, announcing that any such operations will now meet requirements for court orders under the Foreign Intelligence Surveillance Act. This administration's turnabout resulted from negotiations with the FISA court.

But just when some critics felt ready to turn handsprings, others — including several U.S. senators — fired off pointed questions.

New York's Democratic Sen. Charles Schumer asked whether these warrants were blanket approvals or broad brushstrokes enabling generic roundups.

Attorney General Alberto Gonzales owes us an answer.

In later grillings about federal prosecution of terrorists, Gonzales' message to the Senate was clearer — but even more disturbing. Habeas corpus — the right to go to federal court and challenge one's imprisonment — is not protected by the Constitution.

Even veteran Pennsylvania Republican Sen. Arlen Specter was incredulous, quoting a section in the Constitution barring suspension of habeas. How, he argued, can you ban the suspension of a right that doesn't exist?

Good question.

If the voters tried to communicate a need for some limits to executive power, the president wasn't hearing it.