Pete Sessions: “There is another matter of some importance. A number of Senators have demanded that Judge Mukasey make express…”

“There is another matter of some importance. A number of Senators have demanded that Judge Mukasey make express statements of law regarding the separation of powers, and they have asked him these questions as a condition of his confirmation. Several Senators alluded to private conversations in which they say Judge Mukasey stated that a President cannot act outside the parameters set by the legislative branch, I guess on most any matter. Particularly, I guess it dealt with FISA. I believe this contradicts the fundamental separation of powers set forth in the Constitution by our Founding Fathers. The oath the President takes is to faithfully execute the Office of the President and to preserve, protect, and defend the Constitution of the United States. That is written in the Constitution. While the original FISA statute was being debated in 1978, then Carter administration Attorney General Judge Griffin Bell testified: The current bill recognizes no inherent power of the President to conduct electronic surveillance, and I want to interpolate here to say that this does not take away the power of the President under the Constitution. I associate myself with the remarks of Griffin Bell and recognize that nothing we can do in this Congress can impede on the powers vested in the Executive by the Constitution. Congress cannot curtail the constitutional powers of the Executive by statutory law.”