As of October, FBI To Allow Warrantless Investigations

I Don't Believe in Imaginary Property writes "Attorney General Michael Mukasey has agreed to allow Congressional hearings, but not to delay, the implementation of new FBI regulations that would allow them to spy on American citizens who are not suspected of any crime. As an editorial in the New York Times points out, this is a power that has a history of abuse. In times past, it was used to wiretap Rev. Martin Luther King, Jr. and to spy on other civil rights and anti-war protesters." As Dekortage points out, "Several senators have formally complained that citizens could be investigated 'without any basis for suspicion,' which the Justice Department denies."

Comments

It's called separation of powers

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Please, show me where in the Constitution Congress has the power to subpoena a member of the executive branch? What would happen if Bush tried to subpoena a member of Congress or his staff? They'd tell him to honk off. How and when did this idea that the White House staff answers to Congress ever become accepted? The Constitution is quite clear on the checks - it's called impeachment, and elections. That's it. I've read Article I pretty carefully, and I have never seen anything about calling a president's top advisor on the carpet and demanding that he explain himself. All of you supposed "but the Constitution!" advocates out there who decry the end of the Republic every time the Feds do something, suddenly play fast and loose with the Constitution when it comes to using the law the way you want.

Just as the Clinton Administration did repeatedly, Rove is right to assert executive privilege, and good for Bush to assert it, not just for himself but for future presidents. If a staffer can't advise the president privately and candidly, he won't be getting good advice, regardless of what you think of Rove.