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Specter questions legality of Bush's domestic spying program

February 6, 2006 06:11 AM / Capitol Hillbillies .

Attorney General Alberto Gonzales has not adequately justified why the Bush administration failed to seek court approval for domestic surveillance, said the senator in charge of a hearing Monday on the program.

Sen. Arlen Specter said Sunday he believes that President Bush violated a 1978 law specifically calling for a secret court to consider and approve such monitoring. The Pennsylvania Republican branded Gonzales' explanations to date as "strained and unrealistic."

The top Democrat on the Senate Judiciary Committee, Vermont Sen. Patrick Leahy, predicted that the committee would have to subpoena the administration to obtain internal documents that lay out the legal basis for the program. Justice Department officials have declined, citing in part the confidential nature of legal communications.

Specter said he would have his committee consider such a step if the attorney general does not go beyond his prior statements and prepared testimony that the spying is legal, necessary and narrowly defined to fight terrorists.

"This issue of the foreign intelligence surveillance court is really big, big, big because the president, the administration, could take this entire program and lay it on the line to that court," Specter told NBC's "Meet the Press."

The Foreign Intelligence Surveillance Act of 1978 established legal procedures for conducting intelligence-related searches and surveillance inside the United States.

Specter said the FISA court "has really an outstanding record of not leaking, and of being experts. And they would be pre-eminently well-qualified to evaluate this program and either say it's OK or it's not OK."

Leahy charged that Bush misled the public when he said during the presidential campaign in April 2004 that his administration was following the law by getting warrants for wiretapping.

"I think ultimately we're going to have to subpoena them," Leahy said on CBS' "Face the Nation," expressing doubt that lawmakers would get the material otherwise.

Under the National Security Agency program put in place after the attacks of Sept. 11, 2001, the government has eavesdropped, without seeking warrants, on international phone calls and e-mails of people within the United States who are deemed to be a terrorism risk.

In testimony prepared for Monday's hearing, Gonzales argues that Bush had authority under a 2001 congressional resolution authorizing force in the fight against terrorism and that heeding the 1978 law would be too cumbersome.

"The terrorist surveillance program operated by the NSA requires the maximum in speed and agility, since even a very short delay may make the difference between success and failure in preventing the next attack," Gonzales said in statements obtained by The Associated Press.

Specter was not so sure.

"I believe that contention is very strained and unrealistic," Specter said. If the FISA law was inadequate, he said, Bush should have asked Congress to change it rather than ignore it. "The authorization for the use of force doesn't say anything about electronic surveillance."

Sen. Russell Feingold, D-Wis., was expected to press Gonzales on why, during Gonzales' confirmation hearings last year to be attorney general, he dismissed as "hypothetical" a situation in which the government conducted warrantless eavesdropping. The NSA program was long in place by then, and Gonzales was White House counsel.

Assistant Attorney General William Moschella, in a letter Friday to Feingold, said Gonzales was referring to as "hypothetical" the idea that Bush would allow warrantless monitoring that was illegal.

That statement is accurate, Moschella wrote in a letter obtained by the AP, because the administration's position is that Bush had legal authority under the 2001 congressional resolution.

Gonzales has acknowledged disagreement with former Justice Department officials, including Attorney General John Ashcroft and Deputy Attorney General James Comey, about the legality of the program.

In responses to written questions from Specter, Gonzales challenged media portrayals about the scope of the spy program, saying it is not "a dragnet that sucks in all conversations and uses computer searches to pick out calls of interest."

The Washington Post, citing unnamed sources, reported Sunday that the program involves computers sifting through hundreds of thousands of communications to select for human review. The program has resulted in thousands of conversations in which someone in the U.S. has been at least briefly monitored, the Post said.

The Post report said that nearly all of them were quickly dismissed as insignificant and that perhaps no more than 10 solid leads a year have been pursued with further domestic surveillance, usually with a court warrant.

But Gen. Michael Hayden, the No. 2 intelligence official in the government, said it was "not true" that "we somehow grab the content of communications and then use the content of the communications to determine which of the communications we really want to listen to."

"When NSA goes after the content of a communication under this authorization from the president, the NSA has already established its reasons for being interested in that specific communication," Hayden said on "Fox News Sunday."

In addition to possibly pursuing documents about the program's legal basis, Specter said he might seek testimony from Ashcroft and Comey.

"If we come to it and we need it, I'll be open about it," Specter said, referring to subpoenas. "If the necessity arises, I won't be timid."

Specter also said the administration should tread carefully when it came to using subpoenas against journalists to investigate leaks of classified information. The New York Times in December disclosed the existence of the NSA program, which is classified.

"I think if you move into the area of really serious national security issues, that there may be a justification for it," he said.

© 2006 The Associated Press


© Copyright 2006 by Capitol Hill Blue

Comments

After watching yesterday's Meet The Press, I have a feeling that

ONE: This is going to be a very bad week for this Administration.

TWO: That because of apparent "missing documents" in the Plame case, the NSA spying inquiry by Sen. Arlen Spector's committee, especially the testimony from Alberto Gonzales and others,

I believe we are seeing a snowball starting to form that is tipping precariously on a steep hill.

After watching the entire program from DeLay's replacement, to the Specter interview and most especially after the analysis of the journalists the beginning of the end of the BUSH era is beginning to come to ever clearer focus.

In the speech excerpt thast Bush gave in Buffalo used in the Specter interview by Russert, AFTER Bush had already authorized spying on American's illegally without going throught the courts as mandated by law, it is clear that Bush either had or has no real idea from one minute to the next, what he is reading... or saying.

Although this statement was one of the RARE ad-libs here, or, that in fact, he has been lying to America and Americans all along to do as he pleases.

Neither is a good thing.

Posted by Truth 101 at February 6, 2006 08:57 AM

Gonzales is but another minion of the Cheney-Bush-Norquist-Rove etal cabal involving the military-industrial and BIG business cartels.
I have been collecting information on Daddy Bush's administration, the administrations in between and his son's for years. If you actually put it all together, you will find a consistent and not-altogether stealthy march toward a one-party dictatorship.
Slowly, year-by-ear, our constitutionally guaranteed rights as citizens have been eroded; the Houses of Congress have been wrapped in the lobbiests' largesse and minds have been dulled into compliant complacency. No, they don't work for us anymore. They work to increase their wealth and promote the one-party agenda; and the job of the judiciary has been suborned by the current administration's ploy for increased executive power.
I think we will not have a new sitting president come next presidential election. A fateful national emergency (another twin towers event, to be sure) will occur days before the swearing in ceremony and we will become a fascist dictatorship by executive decree.

Posted by gem at February 6, 2006 09:08 AM

Time for Bush to step down-if not time for impeachment. His lies continue and how can we forget Gonzales says the constitution is an obsolete document-while bush says its a god damn piece of paper.

Posted by mary berdslee at February 6, 2006 09:09 AM

It is reassuring to hear a Republican stand up for the people.

Posted by Roger The Okcitykid at February 6, 2006 09:29 AM

It remains to be seen whether Shrub will step down when the term of this second theft is up.

There's just no way he'll do so before then. Successful impeachment is not only a pipe dream but (almost inconcievably) results in a MORE dangerous situation -- President Cheney and VP Rumsfeld.

Back when there was such a thing as a "history" class, it was mentioned that the lifespan of great empires and countries ruled by consent of the people tended to top out at 200-240 years before something - usually ignorance and indifference among the body politic - allowed an incompetent and depraved dictatorship to take over. We're about on schedule.

Posted by Stormkite at February 6, 2006 11:00 AM

Unfortunately, the GOP faithful are not going to listen to anything that upsets their apple cart. I'm not sure they will believe a few more-or-less honest Republicans. There are still a lot of them who think that Nixon was railroaded out of office. (sigh) When I was still living in Alaska I'd hear from people there that they knew Rep. Young and Sen. Stevens were corrupt, but they voted for them anyway because to do otherwise would be to lose their seniority and power in Washington. Then, when they had a chance to make a difference and send Tony Knowles to the senate they chose the corrupt daughter of the corrupt former Senator Murkowski. Gives ya a headache just to think of it.

If Bush resigned or was impeached, we'd get Cheney. Oh joy. If Cheney resigned or was impeached at the same time we'd get Dennis Hasturt, if my succession memory serves me. Or Bush or Cheney could appoint, say, Donald Rumsfeld, John Ashcroft or someone else equally reprehensible to be the new Veep who would become the next president/vice president. The mind boggles at the permutations possible. At this rate, we may be better off with the devil we know as he is only going to be around until 2008 and has the chance - and only a chance - of fueling a voter revolt.

Investigate? Yes! Muck rake? Yes. Indict? Yes. Lets bring all the rotten crud to the attention of the masses - but lets not expect 'em to be willing to turn on their mini-god who gave them the semblance of control over American politics.

Posted by Slithy at February 6, 2006 12:00 PM

Hello All,

Some scary scenarios and some scarier facts to be sure in your posts IMO.

Yes, a BUSH impeachment would mean EXACTLY a Cheney presidency and probably a Rumsfeld V Presidency.
That is why, it is IMPERATIVE to get the whole gang at the same time.

I see it this way and correct me if I'm wrong, but technically EVERYONE from the VP on down is an ADVISOR to the President. Therefore, it would then be their sworn duty as well, to protect and defend THE CONSTITUTION (you remember that document). Thus it is their RESPONSIBILITY to CORRECT BUSH when he is wrong or mis-speaks...otherwise they are as guilty as he is, could be charged and impeached reight along with him. That is why I for one believe that the whole lot can be brought up on charges at the same time.

IMO Bush (as I have mentioned several times before) had a main goal of getting elected and then re-elected. That was it. Everything else to him was completely unimportant. He had "people" to run the show...which I might add is exactly what they (these people) Cheney, Rumsfeld, Wolfowitz et.al wanted. It was a total trade-off IMO.

But we are indeed headed for dictatorship IMO unless the American people at least a solid majority pull their heads out of their arses and say enough. The press should because AMERICANS are ADDICTED TO TV certainly. But they won't because work might be involved.

The press seems to be homed in on the easy self propagating stories. Like the "Great Cartoon Caper. These radicals want publicity for their cause...to be seen screaming on television, burning flags, embassies, consulates whatever. So the press KNOWING that when they give them the coverage they crave will get another story out of the initial coverage just by parking the sattelite truck. THEY, IMO are the ones that are making this the mess it is. One radical gang tries to outdo the other. The MEDIA IMO is responsible for the deaths now and the destruction all in the name of "five easy news pieces..

YES, it is good to see a REPUBLICAN stand-up for the people FINALLY, which if i am not completely off base was the very reason we sent them there in the first place.

I believe Specter sees where this is all headed and is desperately looking for a few other REPUBLICANS to join him and then watch things hit the fan in a big hurry. Problem is, IMO, he is laying the groundwork, he surely did yesterday, and the buzz in the hallways is "should we" "shouldn't we" and everyone else is waiting for someone else to be the second and then the third. If that happens, Bush and his Administration ARE GONE.
IMO of course.

Come to think of it since I don't watch CNN for like 10 straight hours in any given day...We still do have the right to an opinion...don't we?

Posted by Truth 101 at February 6, 2006 12:20 PM

Remember, those of you giving Specter credit for fighting the NSA tapping, that he is a big proponent of extending the Patriot Act. Also remember that his only concern is not that the administration was spying on people in this country, some of them US citizens, but that they did not do it in the correct fashion, using a secret court that is even more unaccountable than the executive branch (gasp!).

The real issue is that the Bush administration continues to put minor 'tweaks' into existing law, justifying them by frightening us with terrorism, so that nobody will argue against it. Five years of these 'tweaks' has amounted to a major overhaul of every aspect of government, including our perceptions of what government is supposed to do. Another three years will prove devastating, but nobody can latch onto all of the minor adjustments, as they easily would to a single major change in government restructuring.

Specter is just going after the administration for one of these small changes in law, while ignoring the multitude of other changes that are deteriorating America. Hopefully he will realize what is at stake when he sees the nature of the administration as they fight this investigation.

Posted by Ross at February 6, 2006 12:41 PM

Everyone's still missing one of the important things - Bush's illegal spy program started in early 2001.

http://www.truthout.org/docs_2006/011306Z.shtml

Got that? EARLY 2001. Months before 9/11. Not after.

Why hasn't that little fact been at the forefront of every 'debate' on the matter?

Posted by at February 6, 2006 01:26 PM

I am amazed that these people in Washington,the Congressmen,the Senators,these folks with there Harvard law degrees,can't figure out if George W. Bush is a criminal or not? and yet my elderly grandmother sitting in her rocking chair knitting a sweater,has no problem what so ever,Identifying the Bush regime as the criminal thugs that they truly are! The folks I talk to can see crystal clear that our government has been Hijacked by a Criminal Oganization.

Posted by al bundy at February 6, 2006 03:58 PM

You're going to have to kill these people to stop them.

Posted by at February 6, 2006 04:28 PM

How true. But if you keep posting things like that, they'll kill you first. Good idea staying anonymous, but that's not much defense. Try and refrain from saying things that could be construed as treason in public.

Posted by at February 6, 2006 06:41 PM

This is great for creating another WATERGATE.

What no one has asked, What Keeps Bush from spying on polital opponents????

Posted by Lesley Varwig at February 6, 2006 08:26 PM

Goodness! Am I the only one who recognizes this wiretapping disaster as the bonanza for single women that it is? Just say "Osama bin Laden" three times in a phone conversation and *poof*! there's an FBI agent at your door. You already know he's got a good job, works out and has been drug tested at least once... now all you have to worry about is whether or not he's married! And a look or two from under your lashes (plus the trail of drool hanging from the corner of your mouth) will convince him that while you might be a threat/stalker/sex-starved female to him, you're no threat to the nation.

Lemonade from lemons...

Posted by Teensyweensy at February 6, 2006 09:45 PM

ROOS:

Good points but also remember that WATERGATE was a simple "break-in" at first by supposedly locals that initially at least was thought to have no connection to government. We all saw what happened when they realized WHO they actually had in custody. Same thing here except the 21st century version.

Specter is taking on the legality of all of this, in other words the first baby steps so to speak which could unravel the entire thing all the real thinkers on this site are talking about. ONE BIG DRAWBACK is that this time there is no Woodward and Bernstein. The media other than the one that constantly defends the Administration (AKA FOX) regardless of what they do and how they do it is LAZY. They discovered that paychecks come whether they do any work or not. That is the major change that is allowing this problem to fester forever without someone demanding or getting answers.

OH !

Did I miss something or was Attorney General, Alberto Gonzales allowed to testify yesterday WITHOUT, let me repeat that, WITHOUT being sworn.

What is this and what does this mean? Is he now allowed to lie and perjure himself on the President's behalf without having to be held accountable for his actions by Congress or the committee?

His TWO CONFLICTING LAWS THEORY is both a strech and BALONEY in my opinion. Are we back to whatever the "meaning" of the word IS, IS. God help us !!

Posted by Truth 101 at February 7, 2006 06:17 AM

It is my greatest fear that senator Arlen Specter, et al, will try to legislate domestic spying without FISA approval for President Bush. Specter, in particular, is trying to appear unbiased; but, all the while, he is covertly attempting to rally GOP support for the evil despot named George W. Bush!

Further, with Alito's senate approval, the supreme court will be leaning in Bush's favor. With the likes of Thomas, Scalia, Roberts and now Alito packing the court, Bush could easily get a walk on the domestic spying issue. After that, it's no-holds-barred! Bush's henchmen (and women) will have free reign to abuse the Constitutuion in any they deem fitting!

As responsible denizens of this great nation, we must not allow this to happen. Beginning in November, 2006, the voters of this noble country can and must begin removing these power craving, greed lusting thugs (known as the GOP) from office! The process begins with each of us! WE MUST ACT NOW!!

Posted by Charlie Couser at February 7, 2006 07:13 AM

I believe if Prisident Bush was tried for treason then liberty would once again prevail. He certainly has all the qualifications for impeachment.

Posted by J. P. Jones at February 7, 2006 08:04 PM

I AM AMAZED.

The network that seems to be saying the MOST about the NSA hearings in Washington is F O X While they are constantly defending the practice of course we hear little from anyone else about who is testifying, why, what is being said etc etc.

Gonzales' testimony IMO was a bloody joke. but worse CNN seems to have the complete lowdown on britanny driving with her baby in her lap and Paris having a restraining orsder filed against her. NOTHING MUCH AT ALL ON THESE HEARINGS, A REAL ISSUE, CONFRONTING AMERICA.

They are constantly analyzing this Cartoon Caper and IMO making a bad situation worse. They absolve themselves from any blame when even a 5th grader can tell you that these radical Muslims absolutely LOVE and CRAVE the publicity for their so-called CAUSE. The networks are providing it non-stop in some cases. WHERE ARE THEIR COLLECTIVE BRAINS in the Media. DOES ANYBODY HAVE AN ANSWER TO THAT?

Posted by Truth 101 at February 8, 2006 06:37 AM

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