Tonight on the Jim Lehrer News Hour, Senator Pat Leahy repeatedly said that Congress only authorized the President to go after Osama Bin Laden, in Afghanistan, in the wake of the September 11th attacks (in trying to make the point that the NSA’s surveillance of phone calls from the United States to al-Qaeda related parties overseas is illegal). A straightforward and bare-faced lie, as he is more than well aware. The Authorization for Use of Military Force, from September 18th, 2001, does not mention either Osama Bin Laden or Afghanistan, but in fact states in relevant part:

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force’.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

Clearly, electronic surveillance of those involved in such terrorist acts who are overseas (and their attempted communication with agents in the United States) is an implicit element of “all necessary and appropriate force,” just as such surveillance is standard practice in any war.

This argument is so over, and yet it continues to demand the precious time of people who have more important things to do. That’s the real crime of Leahy and co., and the real demonstration of where their priorities lie.

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