January 15, 2009
Posted: January 15th, 2009 12:15 PM ET
Attorney General designate Eric Holder discussed a federal wiretap law during his confirmation hearing Thursday.
Attorney General designate Eric Holder discussed a federal wiretap law during his confirmation hearing Thursday.

WASHINGTON (CNN) - Asked during his confirmation hearing Thursday whether the president has an "inherent authority" to engage in warrantless surveillance, Attorney General designate Eric Holder said the president would be "well advised" to work "within the dictates" of the Foreign Intelligence Surveillance Act (FISA).

Holder indicated that a president's power to conduct surveillance is "at its zenith" when the president acts in concert with the intent of Congress as laid out in FISA.

He also said that the U.S. Army Field Manual would be a "good place to start" for the purpose of establishing a uniform standard for torture techniques. He indicated that he did not believe that restricting interrogations to the rules of the Field Manual would impair the ability of the government to successfully combat terrorism.

Holder noted that law enforcement tools like the Patriot Act had to be enforced in a manner consistent with the country's values and "great tradition" of supporting civil liberties.

When asked whether he would support a criminal investigation of Bush administration officials for possible violations of national security and civil
liberties laws, Holder responded that while "nobody is above the law," he also didn't "want to criminalize policy differences that may exist" between the outgoing and incoming administrations.

Filed under: Eric Holder • Obama transition


N. S. Huntsville, Al   January 15th, 2009 4:22 pm ET

You Go Eric Holder they can't even understand you, because your so much better then them. Your top dog and they hate you for it. Just keep showing these dumm a$$e$$ up.

Black and Intelligant I love it!!!!!!!!!!!

Matthew, Houston, TX   January 15th, 2009 4:16 pm ET

Ahh, thank you, Brian, it was Ben Franklin and that was the quote I couldn't remember the exact wording of.

Ryan in Waynesboro, VA   January 15th, 2009 3:46 pm ET

Look. The law is the law. Period. If Bush and his people broke the law (or actively worked to circumvent it), he and anyone else involved should be held accountable. The same is true for ANY person elected to the highest office in the land. There is a certain trust that given to the President by the people he works for... the public. If he actively and knowingly went against that trust, he should be held accountable.

Robin   January 15th, 2009 3:45 pm ET

Is Freedom of Speech the next to go?

TCM   January 15th, 2009 3:40 pm ET

Holder: "Gee, we're sorry Mr. Islamic Radical...we'll let you right out of there, and give you ticket home.....so you can have a "do-over."

Obama needs to wise up, terrorists aren't stupid, and they don't play by any sort of rules...except, kill Americans. All this "touchy-feely,' crap about torture and being inhumane...well, for you whiny liberals, you should download the video of Berger having his head cut off while he's screaming.....then whine about torture.....we should torture them....you just don't "coincidentally," get caught in a group of 300 or so insurgents accidentally....As a country, Bush kept our homeland safe. Obama better learn quick, because if he listens to the igorant libs out there...we'll all be in danger. Radical Islam (like there's another kind) is out to destroy our culture. Wiptapping, interrogation, torture...employ all of it to save American lives.

RH   January 15th, 2009 3:22 pm ET

Failure to investigate and pursue the conviction of anyone who may have committed criminal acts constitutes a tacit endorsement of those acts. Is justice itself subject to partisan concerns? It was in Bush's America and, based on this information, it looks as though it will be in Obama's America as well.

Nan   January 15th, 2009 3:22 pm ET

Dear Karen in Missouri – Ever see the movie "1984"? I strongly suggest you rent it and watch it. Then tell me it's OK to spy and evesdrop on US citizens.

Virginia   January 15th, 2009 3:18 pm ET

No one has the right, in my opinion, to criminalize anything that Bush did as President! He was honest and did the best he could with the crummy hand he was dealt (the stubborn very partisan Democratic Congress, and the likes of Pelosi, Reid, and others). While no one is above the law, Bush certainly hasn't done anything to warrant any criminal charges. He kept us safe, and so what if he authorized "torture" to gain information from those inhabitants at Gitmo. They have been living off our dollars since they have been there, and have been better off than living in some cave or blown out building in Iraq or Afghanistan. And a study that come out this week shows that a good number of the Gitmo detainees have returned to terrorism. I don't believe in being cruel to anyone, but someone who has no regard for ANY human life and vows to kill anything remotely American doesn't deserve any special treatment. If those detainees are going to be released, put them on rafts and let them float back to Iraq!

WELCOME TO THE OBAMA SHOW!!!!!!!!!!!!   January 15th, 2009 3:18 pm ET

CORRUPTION WILL BE USED MORE THAN EVER WITHIN THE NEXT 4 YEARS IF THIS LAST THAT LONG!!!!!!!!

Amber   January 15th, 2009 3:03 pm ET

HEY RIGHT WING:

Where's Osama bin Laden?

Where's his cut off head on a platter?

Where is he, huh?

Why don't I have Osama bin Laden's head yet?

Oh yeah, Bush has been keeping us sooooooo safe.
Like when he tried to sell our harbor protection contracts to the Middle East.

Michael in Houston   January 15th, 2009 2:52 pm ET

Hey HOLDER!! The correct answer to the question of whether you would support a criminal investigation of the Bush administration is...
"Yes I would and Yes I will".
You dont have to be delicate here pal. We already know he is a freaking criminal for crying out loud.

Scott Tucson   January 15th, 2009 2:36 pm ET

Sounds like a real wimp as is the rest of the incoming administration.

BeefyDaddy   January 15th, 2009 2:35 pm ET

For all you people that say Bush has kept us safe since 9/11, just remember that since Pearl Harbor was bombed we'ver never been attacked in Hawaii. So you have to admit that Carter and Clinton's foreign policies kept us safe.

Carole   January 15th, 2009 2:25 pm ET

9-11 happened on Bush watch...Bush had six (6) years to catch Osama Bin Laden. Bush said he would! What happened?

MD   January 15th, 2009 2:23 pm ET

People need to realize that all the ranking democrats were fully aware of the wire-tapping used by Bush. To say otherwise is a bold-faced lie.

Karen - Missouri   January 15th, 2009 2:23 pm ET

This is not 1776. We live in an age where we do need protections and the ability/technology to guard against those conspiring to eliminate us.

The govt. doesn't have any reason to wire-tap me, doubt if they do...my phone calls are more like a soap opera to sometimes boring. Go for it.

I find it so funny that people complain about FISA yet all our info in on computers everywhere....from data in the doctor's office, mySpace and other personal sites. And what about cameras at intersections watching your every move when the lights change? What about all the cameras in stores or at the ATM? Aren't they there for a reason?

Give me a break people....don't cry about FISA then put all your personal information on MySpace!

Brian   January 15th, 2009 2:21 pm ET

As Ben Franklin said: "Those who trade freedom for security deserve neither"

Thomas, Illinois   January 15th, 2009 2:16 pm ET

A little note to Bush/Cheney and Rumsfield: He said,"Know one is above the LAW"....We're coming to get ya!

Ron Ft. Myers   January 15th, 2009 2:14 pm ET

Let's spend millions trying to prove all these claims of vioations, that's what we need, more government waste and distraction. This distraction will only keep our eye off the ball, as the politicians keep up the same old games. I'd rather spend the money, which we do not have, watching the morons in Washington like Barney Frank, as they waste our money.

rob   January 15th, 2009 2:12 pm ET

If you don't like the Patriot Act don't blame Bush alone, look it up. The Dems in congress voted it into law twice. The second time it was when they controlled both houses. They gave the Bush everything he wanted all the while screaming about our Civil Liberties being taken away by Bush.

What are all of you idiots going to do when the Obama Admin doesn't change anything about the war on terror. Who will you blame, who will you vote for to change it. The fact is it was the right thing to do and NO American citizen has lost any rights or liberties but we have been safe from attack on our soil since 9/11.

WE ARE WINNING THE WAR ON TERROR, and we will continue to win because Obama is no fool he will not allow the terrorists to come back while he is president. He and the Dems knew all along what the truth was but they were able to fool enough people to get elected.

Peter   January 15th, 2009 2:09 pm ET

This is one of the issues I know Obama and McCain would feel the same. Torture is horrible, and we all know it, that was the one reason I liked McCain, I knew he'd stop torture and Eric Holder is qualified for this job and I believe he will get excepted. If not, it WILL be the republicans fault and if things dont go well for the next few years the Dems will dominate the 2010 elections and then 2012 if they block everything. Obama isnt even president and already the republicans are acting like fools

California Gold   January 15th, 2009 2:09 pm ET

Mr. Holder, those whose Constitutional Rights were ignored don't agree that the Bush Administration should be let off the hook. To say it is a "policy difference" and let it go is like saying rape is a "difference in perspective". Lady Justice is wearing a blindfold for a very good reason. You'd be well advised to take off your blinders.

Ekbaaaal from South Dakota   January 15th, 2009 2:08 pm ET

What about Osama Bin Laden???
How will you curb this Islamic menace plaguing the WORLD?

DP   January 15th, 2009 2:08 pm ET

You do not want to give up your freedom to privacy but you are more than willing to give up your right to choose a health care plan, education, and so on because the government is paying for it. This is the most insane argument I have ever heard. You only hide behind the Constitution when it serves your purpose. If it doesn't, you scream that it is unfair and try to change it. Well, I believe all of your income taxes are unconstitutional under the 16th Amendment to pay for all of your bailouts, welfare, and medicare. Look even closer and see that this new cigarette tax to pay for expanded SCHIP programs is a direct violation as the tax law as it creates an unfair burden on a select population. Congress only has the power to levy tarriffs in a fair and equal way across all tax payers. Before you call me unloving to kids, I am for health care to all children. We as adults have a responsibility to take care of our young since they do not have their own means. I think there must be a better solution.

I am all for the Constitution. I believe in the Federalist Papers. Government needs to provide us with security and basic infrastructure needs. Other than these, they neeed to stay out of our business.

AnnMM   January 15th, 2009 2:07 pm ET

There are only a dozen or so posts on this thread so far and I agree with every one of them. ... . not to mention their all incredibly well written.

America without its Bill of Rights and strict adherence to the Constitution is, well, Russia. We were so close to going down that path.................

Matt   January 15th, 2009 2:01 pm ET

@ Illinois

That's right GOPer. When you have no real argument, use slander.

HollyY   January 15th, 2009 1:59 pm ET

Torture is not a "policy difference" it's a war crime. Warrantless wire tapping isn't a "policy difference" it's against the law. Prosecute those who have tortured prisoners or authorized the torture of prisoners regardless of how high up they may be. Prosecute those who don't abide by the laws and Constitution of the United States. That's the best way to move forward and to look forward.

karen-Phoenix   January 15th, 2009 1:56 pm ET

Yea!! This is a man who believes in the Constitution of the United States of America the way it was orginally written, before Bush got his hands on it!!

Jackie in Dallas   January 15th, 2009 1:52 pm ET

I believe that the President of the United States, like all citizens of this country, should follow the laws of the land. The Patriot Act was badly written and gives authority to do things that are counter to the Bill of Rights, and should be repealed and replaced with reasonable laws. We have three branches to our Government for a reason; they act as checks and balances to prevent any one branch from becoming too powerful. This has been violated in the last 8 years, and should be rectified.

vic   January 15th, 2009 1:50 pm ET

Holder will bring law and order back to the government (as it should be). He will not be a puppet.

demwit   January 15th, 2009 1:49 pm ET

Can you say..., judicial impotence.

Noel   January 15th, 2009 1:46 pm ET

But Jim, if our safety is compromised, the terrorists also win. Call me crazy, but I'd rather be alive with a little less freedom than dead with a lot of freedom.

other Jim   January 15th, 2009 1:39 pm ET

Lyndon from CA January 15th, 2009 1:01 pm ET

USA=Police State
___________________________________________________

You should really get a grip on yourself fellow. The USA is the most free country in the world. We have not lost any constitutional civil liberties during the last 8 years- only your opinion of what was done and your opinion of the liberties guaranteed by the constitution. I wouldn't trade liberty for safety either but we haven't. If you just cool he hate Bush rhetoric and look at the facts. It is pretty clear.

Mary Jo Carey   January 15th, 2009 1:31 pm ET

I believe the Attorney General should follow procedure and appoint a Special Prosecutor to look into the behavior of the Bush Administration regarding wire tapping, civil liberties, and the actions at Guantanamo. Even the Supreme Court found the Administration stretching beyond it's legal limits. This is serious business! This is the Constitution of the United States, to which we are bound.

Tom in S.A.   January 15th, 2009 1:31 pm ET

I could give a sh!&^% who listens to me, I have nothing to hide. What freedom am I losing if I don't even know it's going on. Seems to me there are way to many paranoid everybody out to get me people out there. I'M WATCHING YOU!

SM   January 15th, 2009 1:30 pm ET

Yes, Lyndon, we are currently in a Police State concocted and headed by Bush and Cheney. Thankfully, Eric Holder has actually read the Constitution and understands it, and we will soon be abiding by it once more.

Tim   January 15th, 2009 1:30 pm ET

Doesn't the army field manual say that you can only ask for name, rank and serial number? If so, how would that not impair the ability of the government to combat terrorism?

I also liked his "at its zenith" comment. In other words, the president can do what he wants, but he is best advised to do what Congress wants. Sounds to me like that is exactly what Bush did. But Obama is a democrat, so no complaints by the press.

David S.   January 15th, 2009 1:29 pm ET

I couldnt careless if the military used torture on terrorists. They are not prosoners of war but animals with no respect for life and have no problem with torturing our people. When you are in a life and death struggle, there is no room for high moral ground.

Matt   January 15th, 2009 1:20 pm ET

Who asked Holder if he'd support criminal investigations of Bush? Was it a Dem or a GOPer?

Jim   January 15th, 2009 1:06 pm ET

Here, here. If we let our fear run our lives and allow our civil liberties like right to privacy to be stepped on and ignored than we are allowing the terrorists to win. I for one do not want to give up for freedom in exchange for safety.

Illinois   January 15th, 2009 1:04 pm ET

Is he another Democrat from Illinois?

obama-mama   January 15th, 2009 1:03 pm ET

You're free to go Bush

Lyndon from CA   January 15th, 2009 1:01 pm ET

USA=Police State

Jeff in Illinois   January 15th, 2009 1:00 pm ET

Every person found to have wiretapped someone who is not a terrorist should be hung for treason. That's how important the Constitution is to this nation.

I'm fine with wiretapping enemy combatants, but the government has a funny way of applying the Patriot Act and other such measures where they don't belong. If the protections for Americans are not included in legislation, it is a guarantee they will be mis-applied.

Ken in Dallas   January 15th, 2009 12:26 pm ET

If the president has powers not granted to him by legislation, what are those powers, where do they come from, and what are their limits? If he has the power to pick and choose laws with which he will and will not comply, is his power unfettered and absolute? Is this what the Constitution was written to support?

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