![]() As President, I will follow the rules set by Congress even if I disagree with what Congress has mandated, unless Congress acts unlawfully, in ways that exceed its authorities or create conflicts with other constitutional rules.Īs President, I will be explicit about the source of any disagreement with Congress over the extent of my Commander-in-Chief authority. Separation of powers is written into our Constitution in order to protect against any one person-or one branch of government-from gaining unfettered power. Where we have veered off course and strayed from our guiding principles, we must acknowledge this and seek to do better. The Constitution makes clear that the President is not above the law, and respecting the rule of law is a foundation of true American greatness. And, as detailed in a 2014 review by the Government Accountability Office, the failure to notify Congress in advance of the transfer of five Guantanamo Bay detainees violated a then-applicable statute. ![]() So was the unauthorized wiretapping of Americans on U.S. The use of torture was unlawful, contrary to our values, and harmful to our interests. This is an important component in rebuilding trust in the US and our commitment to democratic values. In short, as President, I would push for a return to a broader respect for the rule of law and respect for constitutional values and human rights both in the US and abroad. Moreover numerous military experts have concluded that torture fails to lead actionable, reliable intelligence.Īs President, I would assert the right to obtain the safe release of any American. The Commander-in-Chief has no legal authority to order torture. Similarly, the use of torture or “enhanced interrogation techniques” deeply harmed America’s reputation for upholding human rights around the globe. For this reason, in recent years the NSA has declined to seek reauthorization of certain sections of the USA PATRIOT Act. Worse still, the surveillance was ineffective and untargeted, likely slowing the ability of the intelligence community to determine real threats. ![]() This unprecedented collection of the communication of innocent Americans violated the Fourth Amendment and was inconsistent with the Foreign Intelligence Surveillance Act. ![]() Bush’s was illegal in that it swept up electronic communications of virtually all Americans without satisfying any of the constitutional prerequisites for this surveillance. The dragnet wiretapping undertaken after 9/11 at the direction of then-President George W. We must return to a state where the President and his Administration respect the rule of law and the limits of that power. As the former Attorney General of Montana, I take fidelity with the law to be an important value. ![]()
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