Congressional oversight ignored

Adding a slightly different wrinkle to the NSA warrentless wiretapping the ranking Democratic member of the House Intelligence Committee, Jane Harman (D-CA) has said that it violates the law because it lacked Congressional oversight. As the AP reports today that in breifings to Congress over the NSA wiretapping program, the Bush Administration broke the law by withholding information needed for Congressional oversight of the program. In addition, there have been complaints from several members of Congress that even though they were told of the program, there was no chance to consult with lawyers or staff on the legality of the program. From this angle, not only has Bush broken the law by authorizing illegal wiretaps, he has also subverted the checks and balances by undermining Congressional oversight. It is just one more illustration of the contempt the Administration holds for the equality of powers. With much comment recently of Supreme Court nominee Alito's view of executive primacy, this should lead to tough questions in his confirmation hearings on just how far Executive Branch powers can extend without review and oversight by the other two branches of government.