i think of jack goldsmith, some of you may have read his book, the terror presidency, that is another story. shackles with is a graduate of wnl and he served her almost a year as office of legal counsel which has had more publicity in recent weeks than at any time of its history. he wrote a book in which he made some of these criticisms as did some others and there is merit i would say much of what he says in his book. goldsmith would say that is better not to talk so much about executive power, not to talk out loud about in any way, but nonetheless hold a robust view of it at the same time. and that it is better when having to resort to extraordinary uses seven senator power under the press of urgent necessity to do so with and this is his language, a grudging public place with expressions of regret for public values and with explanations about why the steps or an unfortunate but necessary means to barter national security in the and in essence of the point is to republicanize missionary use the power to pay respect to civil liberties in the rule of law. i will skip over an example o

host: there is an article in the washington post this morning, jack goldsmith who used to be in the bush administration justice department, will obama follow bush or fdr? here is how it begins. on september 11th, the bush administration made a choice about terrorist the detainees. should it get congress on board or should it go along? president george w. bush bypass the legislature for seven years, made u.s. detention policy on his own authority. congress's authorization of the war on al qaeda and its affiliates, working with congress would be hard, at the officials' recent. the legislature and the powerful head powerful arguments that he did not need additional legislative support. that is where the editorial begins. the issue is about the approach of the bush administration for executive authority or the fdr administration, working through that the dispatcher. first a couple of stories. the supreme court is wrapping up their session. the associated press is reporting wrapping up the session with several additions -- decisions. including a watch discrimination case. an appeals court dec

goldsmith would say it is better not to talk so much about executive power, but nonetheless hold a robust view of it at the same time. he says it is better when having to resort to extreme uses of executive power to do so with "a grudging public face with explanations of why the steps were important for national security." the point is to republicanize the extraordinary use of power to civil liberties and the rule of law. i will talk about how bush might have done this differently. about obama, we're now learning that the ideas in potential conflict are not the property of only conservatives, liberals, democrats, or republicans. liberals now complain that on a range of national security issues, president obama it is george bush. next -- brazil, is now -- president obama is now george bush, redux. liberals may have more to complain about with this president. the president has inherent powers to conduct wireless surveillance. the president has said that no supreme court decision has ever said that. that is different from saying what he thinks on the issue. it is a very careful response. it

effort's two books, cicero and augustus, two incredible characters in ancient rome and the adrian goldsmith on the biography of julius caesar, i went to carson mccullough's novel on julius caesar, and bob harris's book, imperium, and i couldn't get enough of ancient rome and read every novel and short story steven saylor has done and created the fictional character but the history behind it is accurate, and it is just a mystery detective in ancient rome during the time period, especially during the time of julius caesar and augustus. so, i have had a lot of fun reading about history, and even going to fiction, to further inform me about that great time period in terms of ancient rome. i think in the -- this time of barack obama, one must read for everybody, doris kearns good win's book, i team of rives, the great story of how abraham lincoln not only bested his rivals but had the intestinal fortitude to bring all of them into his cabinet, each of whom thought he was smarter than lincoln and each of whom thought he should be in that swivel chair and not abraham link son and it is a great sto

. >> well, i was making notes of the criticism of jack goldsmith and others and i think there is a decent pair point to be made that in the pursuit of the preservation in data and enhancement of certain respects of executive power that they seem so preoccupied with that ended in a way that was imprudent that backfired so their hands came to be tied borelli's they came to be constrained by the network of laws and court decisions became about on these issues. i think that's like chips notion of a stop president because and i quoted a couple of examples i think of that to illustrate how obama really reserved judgment on some questions, i don't think he has proposed the notion of authorizing one of these interrogation techniques he has thoroughly condemned because of the circumstances may arise going back to the point about version necessity, that is what presidents can't. it could happen. >> i just want to make an observation about the bush presidency often portrayed, bush and cheney both overplay their hands and national security front. but from the perspective of congress, they were basica