Did anyone else notice how Gonzales qualified his answer?
http://doverbitch.blogspot.com/2007/01/gonzales-what-witness.htmlSEN. LEAHY: Does the president believe he has the inherent Constitutional authority to open Americans' mail without a warrant?
AG GONZALES: Sir, that... Now, you're asking me to get to an analysis, quite frankly, that the department has not done and what I would point you to is the Justice Jackson's analysis under Youngstown in terms of looking at the inherent authority of the president, looking at the inherent authority of Congress...
SEN LEAHY: But if you take...
AG GONZALES: ...and weighing those.
SEN LEAHY: If you take Youngstown, we laid out pretty clearly what the authority is following the Church Committee and FISA and everything else. Do you think the president has the authority under the AUMF, notwithstanding the requirements of the FISA Statute?
AG GONZALES: Sir, I'm not prepared to answer that question. I think for purposes of today's hearing, I think it's important for everyone to note that the pres... as far as I know... there is no ongoing
physical searches of mail under the authorization...
Senator Leahy apparently didn't notice the qualification. Gonzales said that there were no ongoing PHYSICAL searches of mail. He didn't say that there were no ongoing searches (it would be easy to read a letter through the envelope via a millimeter wave camera or multispectral imager and some basic image reconstruction software), just no PHYSICAL searches, i.e. there is no "ongoing" effort to physically open envelopes and seal them again.
This may mean absolutely nothing, but it struck me as odd that Gonzales would qualify his answer as pertaining to physical searches rather than any searches. Am I being tinfoil hattish?
I think if I had been Sen. Leahy, I'd have asked him about nonphysical searches just to see, but I dunno.