Is Bush Pulling a Fast One on NSA Warrantless Surveillance?
The White House said today it would consider allowing the FISA court to review its warrantless electronic monitoring program. The devil is in the details:
Specter said President Bush has agreed to sign legislation that would authorize the secretive Foreign Intelligence Surveillance Court to review the constitutionality of the National Security Agency's most high-profile monitoring operations.
Specter said the court would make a one-time review of the program rather than performing ongoing oversight of it.
An administration official who spoke on condition of anonymity said the bill's language gives the president the option of submitting the program to the intelligence court, rather than making the review a requirement.The official said that Bush will submit to the court review as long the bill is not changed, adding that the legislation preserves the right of future presidents to skip the court review.
A one time review is not oversight. Here are the uncontroverted facts (pdf) about the NSA program. More details of the proposed legislation, according to Specter from the Washington Post article.
- Require the attorney general to give the intelligence court information on the program's constitutionality, the government's efforts to protect Americans' identities and the basis used to determine that the intercepted communications involve terrorism.
- Expand the time for emergency warrants secured under the Foreign Intelligence Surveillance Act from three to seven days.
- Create a new offense if government officials misuse information.
- At the NSA's request, clarify that international calls that merely pass through terminals in the United States are not subject to the judicial process established under the Foreign Intelligence Surveillance Act.
- The administration official, who asked not to be identified because discussions are still ongoing, said the bill also would give the attorney general power to consolidate the 100 lawsuits filed against the surveillance operations into one case before the Foreign Intelligence Surveillance Court.
The ACLU previously has posted these objections to Specter's legislation.
Update: The ACLU responds to today's news (will be available soon here.):
"This Specter-Cheney bill is nothing short of a capitulation by Chairman Specter to the White House," said Anthony Romero, Executive Director, American Civil Liberties Union. "The 'review' contained in the bill is nothing more than a sham. The president could still choose to ignore the optional court oversight on the program. This new bill would codify the notion that the president is not bound by the laws passed by Congress or the Constitution. It would reward his abuse of power."
The Senate - and the entire Congress - must provide proper oversight over the executive," said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "The law has been broken by the president, and instead of demanding answers, the Specter-Cheney bill would sanction his illegal activity. We urge the Senate Judiciary Committee to stand for the rule of law and reject this proposal."
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