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McCain Backs Bush Wiretaps: Adviser

Says candidate believes president has right to 'override' law

By Jason Farago,  Newser Staff

Posted Jun 6, 2008 6:14 AM CDT

(Newser) – John McCain supports President Bush's warrantless wiretapping program, a top adviser writes in a letter posted on the National Review website. The adviser, Douglas Holtz-Eakin, outlines McCain's belief that the Constitution authorizes the president to override a federal statute that requires court oversight for surveillance. The position marks a sharp contrast to earlier statements by McCain on the issue, the New York Times points out in drawing attention to the letter.

McCain's position is that “neither the administration nor the telecoms need apologize for actions that most people, except for the ACLU and trial lawyers, understand were constitutional and appropriate in the wake of the attacks on Sept. 11, 2001,”  Holtz-Eakin writes. Six months ago McCain told the Boston Globe that only legal wiretapping is acceptable, even to the commander-in-chief. "I don't think the president has the right to disobey any law," he said.

An adviser to John McCain said in a letter that the candidate supports the Bush administration's program of warrantless wiretapping.
An adviser to John McCain said in a letter that the candidate supports the Bush administration's program of warrantless wiretapping.   (AP Photo/LM Otero)
President Bush stands with Attorney General Michael Mukasey as he speaks to the National Association of Attorneys General, where he discussed warrantless wiretapping and Foreign Intelligence Surveillance Act (FISA), Monday, March 3, 2008, at the Eisenhower Executive Office building in Washington.
President Bush stands with Attorney General Michael Mukasey as he speaks to the National Association of Attorneys General, where he discussed warrantless wiretapping and Foreign Intelligence Surveillance...   (AP Photo/Charles Dharapak)
John McCain speaks to the Florida Society of Newspaper Editors & Florida Press Association Convention being held at the Walt Disney World Resort in Lake Buena Vista, Fla., Thursday, June 5, 2008.
John McCain speaks to the Florida Society of Newspaper Editors & Florida Press Association Convention being held at the Walt Disney World Resort in Lake Buena Vista, Fla., Thursday, June 5, 2008.   (AP Photo/LM Otero)
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