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Jun 18, 2004
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Bush: Eavesdropping Helps Save U.S. Lives
By JENNIFER LOVEN, Associated Press Writer
Saturday, December 17, 2005

(12-17) 15:02 PST WASHINGTON, (AP) --

Facing angry criticism and challenges to his authority in Congress, President Bush on Saturday unapologetically defended his administration's right to conduct secret post-Sept. 11 spying in the United States as "critical to saving American lives."

One Democrat said Bush was acting more like a king than a democratically elected leader. But Bush said congressional leaders had been briefed on the operation more than a dozen times. That included Democrats as well as Republicans in the House and Senate, a GOP lawmaker said.

Often appearing angry in an eight-minute address, the president made clear he has no intention of halting his authorizations of the monitoring activities and said public disclosure of the program by the news media had endangered Americans.

Bush's willingness to publicly acknowledge a highly classified spying program was a stunning development for a president known to dislike disclosure of even the most mundane inner workings of his White House. Just a day earlier he had refused to talk about it.

Since October 2001, the super-secret National Security Agency has eavesdropped on the international phone calls and e-mails of people inside the United States without court-approved warrants. Bush said steps like these would help fight terrorists like those who involved in the Sept. 11 plot.

"The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time," Bush said. "And the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad."

News of the program came at a particularly damaging and delicate time.

Already, the administration was under fire for allegedly operating secret prisons in Eastern Europe and shipping suspected terrorists to other countries for harsh interrogations.

The NSA program's existence surfaced as Bush was fighting to save the expiring provisions of the USA Patriot Act, the domestic anti-terrorism law enacted after the attacks of Sept. 11, 2001. Democrats and a few Republicans who say the law gives so much latitude to law enforcement officials that it threatens Americans' constitutional liberties succeeded Friday in stalling its renewal.

So Bush scrapped the version of his weekly radio address that he had already taped — on the recent elections in Iraq — and delivered a live speech from the Roosevelt Room in which he lashed out at the senators blocking the Patriot Act as irresponsible and confirmed the NSA program.

Bush said his authority to approve what he called a "vital tool in our war against the terrorists" came from his constitutional powers as commander in chief. He said that he has personally signed off on reauthorizations more than 30 times.

"The American people expect me to do everything in my power under our laws and Constitution to protect them and their civil liberties," Bush said. "And that is exactly what I will continue to do, so long as I'm the president of the United States."

James Bamford, author of two books on the NSA, said the program could be problematic because it bypasses a special court set up by the 1978 Foreign Intelligence Surveillance Act to authorize eavesdropping on suspected terrorists.

"I didn't hear him specify any legal right, except his right as president, which in a democracy doesn't make much sense," Bamford said in an interview. "Today, what Bush said is he went around the law, which is a violation of the law — which is illegal."

Retired Adm. Bobby Inman, who led the NSA from 1977 to 1981, said Bush's authorization of the eavesdropping would have been justified in the immediate aftermath of the Sept. 11 attacks "because at that point you couldn't get a court warrant unless you could show probable cause."

"Once the Patriot Act was in place, I am puzzled what was the need to continue outside the court," Inman added. But he said, "If the fact is valid that Congress was notified, there will be no consequences."

Susan Low Bloch, a professor of constitutional law at Georgetown University Law Center, said Bush was "taking a hugely expansive interpretation of the Constitution and the president's powers under the Constitution.

That view was echoed by congressional Democrats.

"I tell you, he's President George Bush, not King George Bush. This is not the system of government we have and that we fought for," Sen. Russell Feingold, D-Wis., told The Associated Press.

Added Sen. Patrick Leahy, D-Vt.: "The Bush administration seems to believe it is above the law."

Bush defended the program as narrowly designed and used "consistent with U.S. law and the Constitution." He said it is employed only to intercept the international communications of people inside the U.S. who have been determined to have "a clear link" to al-Qaida or related terrorist organizations.

Government officials have refused to provide details, including defining the standards used to establish such a link or saying how many people are being monitored.

The program is reviewed every 45 days, using fresh threat assessments, legal reviews, and information from previous activities under the program, the president said. Intelligence officials involved in the monitoring receive extensive training in civil liberties, he said.

Bush said leaders in Congress have been briefed more than a dozen times. Rep. Pete Hoekstra, R-Mich., told House Republicans that those informed were the top Republican and Democratic leaders of the House and Senate and of each chamber's intelligence committees. "They've been through the whole thing," Hoekstra said.

The president had harsh words for those who revealed the program to the media, saying they acted improperly and illegally. The surveillance was first disclosed in Friday's New York Times.

"As a result, our enemies have learned information they should not have," Bush said. "The unauthorized disclosure of this effort damages our national security and puts our citizens at risk."

Bush has more to worry about on Capitol Hill than his difficulties with the Patriot Act. Lawmakers have begun challenging Bush on his Iraq policy, reflecting polling that shows half of the country is not behind him on the war.

On Sunday, the president was continuing his effort to reverse that by giving his fifth major speech in less than three weeks on Iraq.

One bright spot for the White House was a new poll showing that a strong majority of Americans oppose, as does Bush and most lawmakers, an immediate withdrawal of U.S. troops from Iraq. The AP-Ipsos poll found 57 percent of those surveyed said the U.S. military should stay until Iraq is stabilized.

___

Associated Press Special Correspondent David Espo and writers Andrew Bridges and Will Lester contributed to this report.
 
Oct 28, 2005
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Oh no! Something approved almost 4 years ago with the knowledge of several lawmakers is being released just now, and framed as only one man knowing about it, with the intent to scale back the President's rising approval rating!

Be afraid! Be very afraid!
 
Jun 18, 2004
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PRIVACY RIGHTS AND NATIONAL SECURITY
A brief history of surveillance
New York Times
Saturday, December 17, 2005

HISTORY

Created in 1952, the National Security Agency is the biggest American intelligence agency, with more than 30,000 employees at Fort Meade, Md., and listening posts around the world. Part of the Defense Department, it is the successor to the State Department's "Black Chamber" and American military eavesdropping and code-breaking operations that date to the early days of telegraph and telephone communications.

MISSION

The NSA runs the eavesdropping hardware of the American intelligence system, operating a huge network of satellites and listening devices around the world. Traditionally, its mission has been to gather intelligence overseas on foreign enemies by breaking codes and tapping into telephone and computer communications.

SUCCESSES

Most of the agency's successes remain secret, but a few have been revealed. The agency listened to Soviet pilots and ground controllers during the shooting down of a civilian South Korean airliner in 1983; traced a disco bombing in Berlin in 1986 to Libya through diplomatic messages; and, more recently, used the identifying chips in cell phones to track terrorist suspects after the 2001 attacks.

DOMESTIC ACTIVITY

The disclosure in the 1970s of widespread surveillance of political dissenters and other civil rights abuses led to restrictions on the use of domestic wiretaps by the NSA and other entities. The NSA monitors U.N. delegations and some foreign embassy lines on American soil, but it is generally prohibited from listening in on the conversations of anyone inside the country without a special court order.

OFFICIAL RULES

Since the reforms of the late 1970s, the NSA generally has been permitted to monitor the communications of people on U.S. soil only if they are believed to be "agents of a foreign power" -- another nation or an international terrorist group -- and a warrant is obtained from the Foreign Intelligence Surveillance Court.

EXPANDED ROLE

Months after the terrorist attacks of Sept. 11, 2001, President Bush signed a secret executive order that relaxed restrictions on domestic spying by the NSA, according to officials with knowledge of the order. The order allows the agency to monitor, without warrants, the international phone calls and e-mail messages of some Americans and others inside the United States.
 
Sep 25, 2005
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i wonder if the NY Times has anything to gain from releasing this information aside from risking our lifes that its????

maybe something like money and a book that is coming out soon by one of their own???


why pay for advertising when you have the biggest newspaper in the country blowing up a story that should never have been made public
 
Sep 25, 2005
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OMG they are really intruding on our rights.

it seems that they were eavsdropping/wiretapping on people in America that were recieving/making calls to/from known terrorists and/or calls originating in terror hotbeds


you guys are something else
 
Sep 25, 2005
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FISA vs. the Constitution
Congress can't usurp the president's power to spy on America's enemies.

BY ROBERT F. TURNER
Wednesday, December 28, 2005 12:01 a.m. EST

In the continuing saga of the surveillance "scandal," with some congressional Democrats denouncing President Bush as a lawbreaker and even suggesting that impeachment hearings may be in order, it is important to step back and put things in historical context. First of all, the Founding Fathers knew from experience that Congress could not keep secrets. In 1776, Benjamin Franklin and his four colleagues on the Committee of Secret Correspondence unanimously concluded that they could not tell the Continental Congress about covert assistance being provided by France to the American Revolution, because "we find by fatal experience that Congress consists of too many members to keep secrets."

When the Constitution was being ratified, John Jay--America's most experienced diplomat and George Washington's first choice to be secretary of state--wrote in Federalist No. 64 that there would be cases in which "the most useful intelligence" may be obtained if foreign sources could be "relieved from apprehensions of discovery," and noted there were many "who would rely on the secrecy of the president, but who would not confide in that of the Senate." He then praised the new Constitution for so distributing foreign-affairs powers that the president would be able "to manage the business of intelligence in such manner as prudence may suggest."

In 1790, when the first session of the First Congress appropriated money for foreign intercourse, the statute expressly required that the president "account specifically for all such expenditures of the said money as in his judgment may be made public, and also for the amount of such expenditures as he may think it advisable not to specify." They made no demand that President Washington share intelligence secrets with them. And in 1818, when a dispute arose over a reported diplomatic mission to South America, the legendary Henry Clay told his House colleagues that if the mission had been provided for from the president's contingent fund, it would not be "a proper subject for inquiry" by Congress.

For nearly 200 years it was understood by all three branches that intelligence collection--especially in wartime--was an exclusive presidential prerogative vested in the president by Article II, Section 1 of the Constitution. Washington, Madison, Jefferson, Hamilton, John Marshall and many others recognized that the grant of "executive power" to the president included control over intelligence gathering. It was not by chance that there was no provision for congressional oversight of intelligence matters in the National Security Act of 1947.Space does not permit a discussion here of the congressional lawbreaking that took place in the wake of the Vietnam War. It is enough to observe that the Constitution is the highest law of the land, and when Congress attempts to usurp powers granted to the president, its members betray their oath of office. In certain cases, such as the War Powers Resolution and the Foreign Intelligence Surveillance Act, it might well have crossed that line.

Keep in mind that while the Carter administration asked Congress to enact the FISA statute in 1978, Attorney General Griffin Bell emphasized that the law "does not take away the power of the president under the Constitution." And in 1994, when the Clinton administration invited Congress to expand FISA to cover physical as well as electronic searches, the associate attorney general testified: "Our seeking legislation in no way should suggest that we do not believe we have inherent authority" under the Constitution. "We do," she concluded.

I'm not saying that what the president authorized was unquestionably lawful. The Supreme Court in the 1972 "Keith case" held that a warrant was required for national security wiretaps involving purely domestic targets, but expressly distinguished the case from one involving wiretapping "foreign powers" or their agents in this country. In the 1980 Truong case, the Fourth U.S. Circuit Court of Appeals upheld the warrantless surveillance of a foreign power, its agent or collaborators (including U.S. citizens) when the "primary purpose" of the intercepts was for "foreign intelligence" rather than law enforcement purposes. Every court of appeals that has considered the issue has upheld an inherent presidential power to conduct warrantless foreign intelligence searches; and in 2002 the U.S. Foreign Intelligence Surveillance Court of Review, created by the FISA statute, accepted that "the president does have that authority" and noted "FISA could not encroach on the president's constitutional power."

For constitutional purposes, the joint resolution passed with but a single dissenting vote by Congress on Sept. 14, 2001, was the equivalent of a formal declaration of war. The Supreme Court held in 1800 (Bas v. Tingy), and again in 1801 (Talbot v. Seamen), that Congress could formally authorize war by joint resolution without passing a formal declaration of war; and in the post-U.N. Charter era no state has issued a formal declaration of war. Such declarations, in fact, have become as much an anachronism as the power of Congress to issue letters of marque and reprisal (outlawed by treaty in 1856). Formal declarations were historically only required when a state was initiating an aggressive war, which today is unlawful.

Section 1811 of the FISA statute recognizes that during a period of authorized war the president must have some authority to engage in electronic surveillance "without a court order." The question is whether Congress had the power to limit such authorizations to a 15-day period, which I think highly doubtful. It would be akin to Congress telling the president during wartime that he could attack a particular enemy stronghold for a maximum of 15 days.

America is at war with a dangerous enemy. Since 9/11, the president, our intelligence services and our military forces have done a truly extraordinary job--taking the war to our enemies and keeping them from conducting a single attack within this country (so far). But we are still very much at risk, and those who seek partisan political advantage by portraying efforts to monitor communications between suspected foreign terrorists and (often unknown) Americans as being akin to Nixon's "enemies lists" are serving neither their party nor their country. The leakers of this sensitive national security activity and their Capitol Hill supporters seem determined to guarantee al Qaeda a secure communications channel into this country so long as they remember to include one sympathetic permanent resident alien not previously identified by NSA or the FBI as a foreign agent on their distribution list.

Ultimately, as the courts have noted, the test is whether the legitimate government interest involved--in this instance, discovering and preventing new terrorist attacks that may endanger tens of thousands of American lives--outweighs the privacy interests of individuals who are communicating with al Qaeda terrorists. And just as those of us who fly on airplanes have accepted intrusive government searches of our luggage and person without the slightest showing of probable cause, those of us who communicate (knowingly or otherwise) with foreign terrorists will have to accept the fact that Uncle Sam may be listening.

Our Constitution is the supreme law, and it cannot be amended by a simple statute like the FISA law. Every modern president and every court of appeals that has considered this issue has upheld the independent power of the president to collect foreign intelligence without a warrant. . The Supreme Court may ultimately clarify the competing claims; but until then, the president is right to continue monitoring the communications of our nation's declared enemies, even when they elect to communicate with people within our country

Mr. Turner, co-founder of the Center for National Security Law at the University of Virginia School of Law, served as counsel to the President's Intelligence Oversight Board, 1982-84.