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Warrantless Wiretaps Possible in U.S.
By Dan Eggen
Washington Post Staff Writer
Friday, April 7, 2006; A03
Attorney General Alberto R. Gonzales left open the possibility yesterday that President Bush could order warrantless wiretaps on telephone calls occurring solely within the United States -- a move that would dramatically expand the reach of a controversial National Security Agency surveillance program.
In response to a question from Rep. Adam Schiff (D-Calif.) during an appearance before the House Judiciary Committee, Gonzales suggested that the administration could decide it was legal to listen in on a domestic call without supervision if it were related to al-Qaeda.
"I'm not going to rule it out," Gonzales said.
In the past, Gonzales and other officials refused to say whether they had the legal authority to conduct warrantless eavesdropping on domestic calls, and have stressed that the NSA eavesdropping program is focused only on international communications.
Gonzales previously testified in the Senate that Bush had considered including purely domestic communications in the NSA spying program, but he said the idea was rejected in part because of fears of a public outcry. He also testified at the time that the Justice Department had not fully analyzed the legal issues of such a move.
In yesterday's testimony, Gonzales reiterated earlier hints that there may be another facet to the NSA program that has not been revealed publicly, or even another program that has prompted dissension within the government. While acknowledging disagreements among officials over the monitoring efforts, Gonzales disputed published reports that have detailed the arguments.
"They did not relate to the program the president disclosed," Gonzales testified. "They related to something else, and I can't get into that."
Justice spokeswoman Tasia Scolinos played down Gonzales's remarks, saying he "did not say anything new" about the NSA program.
"The Attorney General's comments today should not be interpreted to suggest the existence or non-existence of a domestic program or whether any such program would be lawful under the existing legal analysis," Scolinos said in a statement.
The NSA program, which was first revealed publicly in media reports in December, has been the focus of sharp criticism from lawmakers of both parties and prompted a recent call by Sen. Russell Feingold (D-Wis.) to formally censure Bush for violation of federal surveillance laws.
The criticism from both parties continued yesterday. At one point during Gonzales's testimony, Rep. F. James Sensenbrenner Jr. (Wis.), the committee's Republican chairman, accused the attorney general of "stonewalling" for refusing to discuss how the NSA program was authorized.
"I think that saying that how the review was done and who did the review is classified is stonewalling," Sensenbrenner said. "And if we're properly to determine whether or not the program was legal and funded -- because that's Congress's responsibility -- we need to have answers, and we're not getting them."
Administration officials have acknowledged that Bush issued an order in October 2001 authorizing the NSA to intercept phone calls and e-mails between the United States and overseas in which one of the parties was suspected of some link to al-Qaeda. Gonzales and the Justice Department have argued that the program is constitutional and was effectively authorized by Congress when it approved the use of force against al-Qaeda after the Sept. 11, 2001, attacks.
Many Democrats and some Republicans say that Congress did not intend any such authorization, and that the program violates the 1978 Foreign Intelligence Surveillance Act (FISA), which created a special court to oversee clandestine surveillance within the United States. Lawmakers are considering several proposals to legalize the program in some way, whether by incorporating it within FISA or authorizing it separately.
In a news release, Schiff, a former federal prosecutor, called Gonzales's testimony about intercepting domestic calls "disturbing." He said it "represents a wholly unprecedented assertion of executive power."
"No one in Congress would deny the need to tap certain calls under court order, but if the administration believes it can tap purely domestic phone calls between Americans without court approval, there is no limit to executive power," he said.
During his testimony, Gonzales said he was constrained in what he could disclose about the highly classified program. "I do not think we are thumbing our nose at the Congress or the courts," he said.
© 2006 The Washington Post Company
C'mon Speedy Cuntzolas©, just admit you wipe your ass with the Constitution! Illegal immigrants have more rights than American citizens these days...
By Dan Eggen
Washington Post Staff Writer
Friday, April 7, 2006; A03
Attorney General Alberto R. Gonzales left open the possibility yesterday that President Bush could order warrantless wiretaps on telephone calls occurring solely within the United States -- a move that would dramatically expand the reach of a controversial National Security Agency surveillance program.
In response to a question from Rep. Adam Schiff (D-Calif.) during an appearance before the House Judiciary Committee, Gonzales suggested that the administration could decide it was legal to listen in on a domestic call without supervision if it were related to al-Qaeda.
"I'm not going to rule it out," Gonzales said.
In the past, Gonzales and other officials refused to say whether they had the legal authority to conduct warrantless eavesdropping on domestic calls, and have stressed that the NSA eavesdropping program is focused only on international communications.
Gonzales previously testified in the Senate that Bush had considered including purely domestic communications in the NSA spying program, but he said the idea was rejected in part because of fears of a public outcry. He also testified at the time that the Justice Department had not fully analyzed the legal issues of such a move.
In yesterday's testimony, Gonzales reiterated earlier hints that there may be another facet to the NSA program that has not been revealed publicly, or even another program that has prompted dissension within the government. While acknowledging disagreements among officials over the monitoring efforts, Gonzales disputed published reports that have detailed the arguments.
"They did not relate to the program the president disclosed," Gonzales testified. "They related to something else, and I can't get into that."
Justice spokeswoman Tasia Scolinos played down Gonzales's remarks, saying he "did not say anything new" about the NSA program.
"The Attorney General's comments today should not be interpreted to suggest the existence or non-existence of a domestic program or whether any such program would be lawful under the existing legal analysis," Scolinos said in a statement.
The NSA program, which was first revealed publicly in media reports in December, has been the focus of sharp criticism from lawmakers of both parties and prompted a recent call by Sen. Russell Feingold (D-Wis.) to formally censure Bush for violation of federal surveillance laws.
The criticism from both parties continued yesterday. At one point during Gonzales's testimony, Rep. F. James Sensenbrenner Jr. (Wis.), the committee's Republican chairman, accused the attorney general of "stonewalling" for refusing to discuss how the NSA program was authorized.
"I think that saying that how the review was done and who did the review is classified is stonewalling," Sensenbrenner said. "And if we're properly to determine whether or not the program was legal and funded -- because that's Congress's responsibility -- we need to have answers, and we're not getting them."
Administration officials have acknowledged that Bush issued an order in October 2001 authorizing the NSA to intercept phone calls and e-mails between the United States and overseas in which one of the parties was suspected of some link to al-Qaeda. Gonzales and the Justice Department have argued that the program is constitutional and was effectively authorized by Congress when it approved the use of force against al-Qaeda after the Sept. 11, 2001, attacks.
Many Democrats and some Republicans say that Congress did not intend any such authorization, and that the program violates the 1978 Foreign Intelligence Surveillance Act (FISA), which created a special court to oversee clandestine surveillance within the United States. Lawmakers are considering several proposals to legalize the program in some way, whether by incorporating it within FISA or authorizing it separately.
In a news release, Schiff, a former federal prosecutor, called Gonzales's testimony about intercepting domestic calls "disturbing." He said it "represents a wholly unprecedented assertion of executive power."
"No one in Congress would deny the need to tap certain calls under court order, but if the administration believes it can tap purely domestic phone calls between Americans without court approval, there is no limit to executive power," he said.
During his testimony, Gonzales said he was constrained in what he could disclose about the highly classified program. "I do not think we are thumbing our nose at the Congress or the courts," he said.
© 2006 The Washington Post Company
C'mon Speedy Cuntzolas©, just admit you wipe your ass with the Constitution! Illegal immigrants have more rights than American citizens these days...
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