Legal Commentary

George W. Bush on When Senior Officials Threatened to Resign Over the Warrantless Wiretapping Program

By Orin Kerr

Via his new memoir, as reported by Charlie Savage, here is George W. Bush?s recollection of his decision to modify the ?Terrorist Surveillance Program? when FBI Director Bob Mueller threatened to resign over the President?s decision to continue the program even after DOJ concluded that parts of it were illegal:

Some in the White House believed I should stand on my powers under Article II of the Constitution and suffer the walkout. Others counseled that I accept Justice?s objections, modify the program, and keep the administration intact. I was willing to defend the powers of the presidency under Article II. But not at any cost.

According to Savage, Bush ?feared that his administration would implode and the details of the secret program would be exposed in a media firestorm? if all the resignations occurred.

Full post as published by The Volokh Conspiracy on November 05, 2010 (boomark / email).