Richard Nixon Quotes
If the President does it, it can't be illegal.
Alberto Gonzalez, White House Counsel and later Attorney General who was forced to resign and David S. Addington, Counsel to the Vice President, had come up with a novel view of the powers of the presidency. They argued that since the President is the Commander in Chief, in a war situation or intelligence gathering thereto, has the Constitutional responsibility for that function, he need not obey any laws of Congress as in the conduct of the war Congress would be impinging on the Constitutional separation of powers which itself was prohibited by the Constitution. The argument did not find any significant legal support but for a while the George W. Bush White House behaved as if this were the law, despite the fact that even in the American Revolution and the War of 1812 Congress passed laws regulating the conduct of the armed forces as is provided for in other parts of the Constitution. Yet even Goldsmith would allow the President some powers that many think are unconstitutional and/or belong to Congress. See {32436}.
The President had authorized the NSA to spy Americans who might have been suspected of being themselves or being in contact with terrorists without obtaining permission of a court including the Foreign Intelligence Surveillance Act (FISA) special court that had been established for these cases. Instead the administration argues that it was inherent in the powers of the Presidency in time of war.
Opinion in case against the government for illegal CIA activities. The defense had been that the President had authorized and ordered the operations in question.
Richard Milhous Nixon was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, Nixon previously served as the 36th vice president from 1953 to 1961, having risen to national prominence as a representative and senator from California. After five years in the White House that saw the conclusion to the U.S. involvement in the Vietnam War, détente with the Soviet Union and China, and the establishment of the Environmental Protection Agency, he became the only president to resign from the office, following the Watergate scandal.