In addition to Guantanamo Bay and torture, the big topics of the day seems to be warrant-less surveillance and Federal Intelligence and Surveillance Act and
“„Feingold: What is your view of the president’s consititutional authority to authorize violations of the criminal law, duly enacted statutes, that may have been on the books for many years while acting as commander and chief?
“„Holder: The president, as I’ve said, is not above the law, has a constitutional obligation to follow the law and execute the laws that this Congress passes. If you look at the Steel Seizure concurrence of Justice Jackson, that sets out in really wonderful form the power the president has and where it is strongest and where it is weakest. It’s weakest in category three, where Congress has indicated something contrary to what the president wants to do. That is where Justice Jackson says the president’s power is at it’s lowest ebb, and I think, I’m not a constitutional scholar, but I think that there’s never been a president who’s been upheld when he tries to act in category three.
“„Feingold: Is there anything in the FISA statute that makes you believe that the president has the ability under some other inherent power to disregard the FISA statute?
“„Holder: No, I don’t see that in the FISA statute.