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Dayside and Kay Bailey Hutchison Spreading Drudge Report Lies

Reported by Janie - December 22, 2005

Yesterday (12/21) the topic of Dayside was once again the controversy surrounding Bush's admission that he has been spying on American citizens. Juliet Huddy and Mike Jerrick interviewed Senator Kay Bailey Hutchison (R - TX) on the topic, but began the segment by spreading lies that were published on the Drudge Report.

JH: "Federal Judge James Robinson has resigned in protest of President Bush's authorization of domestic spying."

MJ: "This comes amid revelations President Bush is not the first Chief Executive of the United States to use these powers. Both Presidents Clinton and Carter also allowed domestic spying."

Comment: Amid revelations? This topic was reported, as far as I can tell, only on the Drudge Report, and has turned out to be nothing more than a lie.

Drudge claim: "Clinton, February 9, 1995: “The Attorney General is authorized to approve physical searches, without a court order."

But what Clinton actually signed was this: "Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section."

Notice the line "certifications required by that section." What does the section actually say? "there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person".

Now as for Carter, Drudge claimed: "Jimmy Carter Signed Executive Order on May 23, 1979: “Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order.”

But let's take a look at the actual Executive Order: "1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section."

Ok, but what is the Section that is being referenced in this Executive order? "there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party".

I'm not surprised that Drudge didn't do all of his homework before publishing false claims, but for Fox News to go on air and report false information without simply checking their facts is absolutely astounding and irresponsible.

Hutchison decided, incorrectly, to play along.

JH: "First of all Senator, do you feel this whole issue of warrantless interception is legal or not legal?"

KBH: "Juliet, I think that there is an interpretation issue here. I do think it will be appropriate for Congress and the committees to look at the process and determine if there is enough oversight, and I think, knowing that President Carter and President Clinton have used it, President Bush thought he had the power and acted, trying to help the security of our country. He is single-minded about that. And I think we need to look at the underlying law, look if there is enough oversight and knowledge given in this instance, and move on."

Comment: Hutchison claims that Bush is "single-minded" about the security of our country. The definition of single-minded is: "Having one overriding purpose or goal". Isn't the President of the United States supposed to wear more than one "hat"? And is National Security really the only thing Bush should be concerned with? Well, not according to his Oath of Office:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."

According to the Constitution and the President's Oath of Office, he SHOULD have one single-minded goal: protecting the Constitution of the United States. National Security is obviously important, but in no way does it or the President trump the Constitution.

Just remember what Republican National Committee Chairman Jim Nicholson said during the Clinton impeachment saga: "Today's vote is about whether we will have one set of laws for the rulers and one for the ruled, one for the commander and another for the men and women he commands, and who are now risking their lives in combat."

The interview continued:

MJ: "Senator, this information comes to the general public from a leak, and we've had people come onto the show, I think Brit Hume said Washington is the leakyist place on Earth. I know that members of Congress and the Senate were, the President says, were advised about this, consulted before this was done, did you have any idea that this was going on?"

KBH: "No, I didn't. The proper people to be informed were the leadership in the House and Senate side, and the leadership of the Intelligence Committee, which was done. And I think it is a narrow circumstance, I think it is important to emphasize that this was not domestic spying, it was only international. Whether it was into or out of our country from a foreign country of people suspected. I also want to say, Mike and Juliet, we have an enemy within out country, which is a new circumstance for America at war, and so, I think we are now testing the processes when we know that people within the United States are cooperating with people on foreign soil, and I think that has to be taken into consideration when we are looking at the overall picture."

Comment: Oh yeah, 8 members were made aware of this program, and all of them were told they could never speak of this with anyone, including other Senators and Representatives, and even their own advisors. That's what I call "oversight"!

She also claims: "this was not domestic spying, it was only international", which is a flat out lie. If this was not about domestic spying, and only international, we wouldn't be having this debate in the first place. And on top of all that, it was reported yesterday that this spying campaign initiated by Bush also "accidentally" intercepted purely domestic phone calls, all without the oversight of the Constitution.

And at this time of Constitutional crises, let's remember the words Bush himself spoke on April 20, 2004: "Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so."

The viewers of Dayside were not left confused today, this time they were out and out lied to.

(Hat tip to ThinkProgress for debunking Drudge's claims)

To demand a retraction for the lies being spread on Dayside, you can contact them at: Dayside@foxnews.com

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