Reuters: Bush won't reauthorize eavesdropping program

[Eugene]

Bush won't reauthorize eavesdropping program

15 minutes ago

WASHINGTON (Reuters) - President George W. Bush has decided not to reauthorize
the controversial domestic warrantless surveillance program for terrorism suspects
and to put it under the authority of a secret special court, Attorney General
Alberto Gonzales said on Wednesday.

"The president has determined not to reauthorize the Terrorist Surveillance Program
when the current authorization expires," Gonzales wrote in a letter to Senate leaders.

"Any electronic surveillance that was occurring as part of the Terrorist Surveillance
Program will now be conducted subject to the approval of the Foreign Intelligence
Surveillance Court," Gonzales said.

-snip-

Full article: http://news.yahoo.com/s/nm/20070117/ts_nm/surveillance_bush_dc_2

(Associated Press)

Secret Court to Govern Wiretapping Plan
Justice Department to Give Secret Court Authority Over Warrentless
Wiretapping Program

By LARA JAKES JORDAN

WASHINGTON Jan 17, 2007 (AP)— The Justice Department, easing a Bush administration
policy, said Wednesday it has decided to give an independent body authority to monitor
the government's controversial domestic spying program.

In a letter to the leaders of the Senate Judiciary Committee, Attorney General Alberto
Gonzales said this authority has been given to the Foreign Intelligence Surveillance
Court and that it already has approved one request for monitoring the communications
of a person believed to be linked to al-Qaida or an associated terror group.

The court orders approving collection of international communications whether it
originates in the United States or abroad was issued Jan. 10, according to the two-page
letter to Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa.

"As a result of these orders, any electronic surveillance that was occurring as part
of the Terrorist Surveillance Program will now be conducted subject to the approval
of the Foreign Intelligence Surveillance Court," Gonzales wrote in the letter, a copy
of which was obtained by The Associated Press.

-snip-

Full article: http://www.abcnews.go.com/Politics/wireStory?id=2802011

EDIT: Added AP story

[fooj]

1. A secret, special court? WTF?

[nadinbrzezinski]

2. FISA

and he was taken to the woodshed for NOT doing what FISA required him to do

[coalition_unwilling]

25. Bush committed countless federal felonies by not getting

FISA approval for his survellance. Now whether Bush is held to account for his felonious behavior (via impeachment and trial, civil tort action or even criminal indictment) is another matter entirely and yet to be litigated thoroughly.

[Divine Discontent]

54. yep...

that's why they're putting it back hoping the democratic reps will let him off for it cuz they know how overbounding the line it was! oooooh they gotta get him out now, because if they don't they'll steal another election, those polls taken on election day had never been so wrong til bush came around... that really makes me worry they're saving it for presidential elections when margins of victory are typically smaller


www.cafepress.com/warisprofitable <<<--- new 08 stickers in!

[LynneSin]

3. Yes - it's where they put you on Double Secret Probation

They're gonna have Dean Wormer running the panel

[rodeodance]

13. Prior to Bush interference, warrrents have always gone to this court:

"Any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court," Gonzales said.

[magellan]

4. Waiting for the other shoe to drop

You know it's there.

[bearfan454]

5. They have always listened in on calls.

I don't care who says what, they do it now and have done it for a long time.

[aggiesal]

10. Go BEARS

[Supersedeas]

39. Took them how many years to figure this out?

[no_hypocrisy]

6. I think that's what he's saying, but he'll continue the program as it

exists today because he's lying.

[They Live]

14. Correct! Up until now...

everything has been a LIE. Why should we (or Congress, for that matter) believe ANYTHING that these guys say. Impeach the lot of them, then off to prison.

[aggiesal]

7. He's running scared!!! n/t

[Marie26]

8. When does the current authorization expire? nt

[rumpel]

9. aha, suddenly (with Dems in charge) we are no longer so confident

that this entire scheme was legal afterall, eh?



:evilgrin:

[Demobrat]

11. Suddenly, (with Dems in charge) we are no longer confident

that only Dem phones will be tapped.

[underpants]

21. I thought that those were the only ones that were tapped

Seems to me that that is the sole purpose of this

:shrug:

[truebrit71]

35. BINGO!!!!

Nail, meet hammer...

[sendero]

24. Exactly..

... there is NO other reason he would back down now.

[partylessinOhio]

12. So - what's the difference?

I hate that man. Most stupid and worst AG ever.

[fasttense]

15. Yeah, right.. n/t

[rodeodance]

16. more:--letter has been sent to Leahy and Specter

http://news.yahoo.com/s/ap/20070117/ap_on_go_ca_st_pe/domestic_spying

.......The court orders approving collection of international communications — whether it originates in the United States or abroad — was issued Jan. 10, according to the two-page letter to Sens. Patrick Leahy (news, bio, voting record), D-Vt., and Arlen Specter (news, bio, voting record), R-Pa.

"As a result of these orders, any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court," Gonzales wrote in the letter, a copy of which was obtained by The Associated Press.

"Accordingly, under these circumstances, the President has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires," the attorney general wrote.

The Bush administration secretly launched the surveillance program in 2001 to monitor international phone calls and e-mails to or from the United States involving people suspected by the government of having terrorist links.

[rodeodance]

17. looks like there are new rules.

The White House said it is satisfied that the new guidelines meet its concerns about national security.

"The Foreign Intelligence Surveillance Court has put together its guidelines and its rules and those have met administration concerns about speed and agility when it comes to responding to bits of intelligence where we may to be able to save American lives," White House press secretary Tony Snow said.

Snow said he could not explain why those concerns could not have been addressed before the program was started. He said the president will not reauthorize the present program because the new rules will serve as guideposts.

[rodeodance]

18. " The Justice Department, easing a Bush administration policy,.." umm

no details.

......WASHINGTON - The Justice Department, easing a Bush administration policy, said Wednesday it has decided to give an independent body authority to monitor the government's controversial domestic spying program.

[mvd]

23. That's what I'm wondering about

How broad is this new policy? At the least, it looks like Bush and Gonzales are starting to worry about investigations into this program.

[Qutzupalotl]

19. Doublespeak...

"any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court"

And the electronic surveillance that was NOT part of the Terrorist Surveillance Program will continue unabated.

Look, over there!

[Doremus]

28. Nail > head.

Bushistas don't voluntarily give up ANY power, whether lawfully acquired or illegally grabbed.

This is smoke. Let's hope Leahy sees through it.

[BadgerKid]

29. Yup. It's all in the parse-o-rama

That was the first thing I thought of -- too many qualifiers. And it depends on how to parse the ands also.

[Barrett808]

20. FISA's bad enough

Historically, just a rubber-stamp.

[coalition_unwilling]

26. True, but FISA is a rubber stamp with a paper trail, whence derives

accountability and redress of grievance, tenuous though such may be with such a Star Chamber process.

[Arkansas Granny]

22. Is it possible that this is just a face-saving ploy? Does he think

that it would be better to stop it voluntarily or be pushed to stop it by a new Democratic Congress.

[Thor_MN]

40. Well, now that he's going through FISA, no need to investigate past abuses...

[Beetwasher]

27. Gonzalez's Spin IS MINDBLOWINGLY UNBELIEVABLE!!! (Did You All Catch This?????)

"WASHINGTON Jan 17, 2007 (AP)— The Justice Department, easing a Bush administration
policy, said Wednesday it has decided to give an independent body authority to monitor
the government's controversial domestic spying program."

Think about what the DOJ (Gonzalez) is saying here. He's saying HE made the decision to ALLOW the FISA court to oversee the program. Like it was his idea and he did it out of the goodness of his heart.

What I think is more likely is that the FISA court slapped down Bushco. and Bushco. had NO CHOICE but to give the program over to their oversight. Since when can the DOJ ever "decide" to "give" authority to a court???

[Nickster]

33. Well, you see....it's all a part of the Unitary AG theory. /Sarcasm

[Demit]

34. That sounds likely. In their drive to establish the doctrine of unitary executive

they are introducing the idea that the president has only 'decided' to allow this to happen—that the power resides with him. You might be right that there is behind the scenes stuff going on, and Bush is just spinning this to save face, but I'd lay odds that somehow they are using this to lay more groundwork to get closer to their Holy Grail of unitary power. As someone said downthread, Gonzales is trying to undermine judicial authority on another front. This sounds like a part of the same scheme.

[rodeodance]

58. well, it does go along with the usual thinking from the WH--They ARE

the deciders------the H> with Congress!!

[frylock]

30. you'll forgive me if i don't buy this shit for a second..

fool me once...

[Zodiak]

31. This is a weird development

They have been stonewalling and digging in their heels under the assertion that only they can determine who can be wiretapped.

Now they have reversed themselves?

1. They are running scared and believe they can deflect an invesitgation politically if it is "old news" and "water under the bridge".

2. They have made a deal with FISA to rubber-stamp everything regardless of evidence (and FISA has one-less ethical judge because one quit over this).

3. They have a program in place that is far and removed from anyone's scrutiny where they can play their little "extra-legal" games.

4. They have finished scrubbing all of the records and feel themselves clean.


Take your pick...at this point, it is anyone's guess.

[Beetwasher]

32. Especially Since Gonzalez Just Said: Judges unfit to rule on terror policy

Gonzales: Judges unfit to rule on terror policy
Attorney general says federal jurists should defer to president's will

:wtf:

[Zodiak]

38. Yes, I noticed that development, too.

Strange times.

[denverbill]

36. Doesn't this make Bush and enemy of the US?

I seem to recall Democrats who opposed some of his illegal spying programs were called that recently.

[MilesColtrane]

37. Judge James Robertson resigned the FISA court in protest ...

over Bush's illegal wiretapping in 2005.

Supreme Court Chief Justice John Roberts selected John D. Bates to replace him.

John Bates was the Deputy Independent Counsel in the Whitewater investigation. He worked for Kenneth Starr.

Since then Roberts has appointed one more to the FISA court.

I guess BushCo™ feels like the judges have been sufficiently stacked in their favor now, and they don't have the stomach to fight Congress in a battle they will lose anyway.

(I'm sure this is just for appearance sake. By now there's probably a whole extra-judicial wing of the Pentagon doing domestic surveillance on Bush's orders. Occasionally the NSA will ask for a warrant from the court, just to make them feel like they have oversight.)

[Marnieworld]

41. My Headline: Bush has decided to stop breaking the law now

Or at least this particular one.

:banghead:

[cui bono]

42. Secret Court to Govern Wiretapping Plan

Secret court to govern wiretapping plan

By LARA JAKES JORDAN, Associated Press Writer 1 minute ago

WASHINGTON - The Bush administration has agreed to shift course and let a secret but independent panel of federal judges oversee the government's controversial domestic spying program.

The Foreign Intelligence Surveillance Court will have final say in approving wiretaps on communications involving people with suspected terror links, Attorney General Alberto Gonzales said Wednesday in a letter to the leaders of the Senate Judiciary Committee.

Since Jan. 10, when the court began overseeing the program, at least one request has been approved to monitor communications of a person believed to be linked to al-Qaida or an associated terror group.

In his letter to Sens. Patrick Leahy (news, bio, voting record), D-Vt., and Arlen Specter (news, bio, voting record), R-Pa., Gonzales wrote that "any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court."


more...
http://news.yahoo.com/s/ap/20070117/ap_on_go_ca_st_pe/domestic_spying

[truebrit71]

43. ..."will NOW be"....what about all of the illegal taps before?

Methinks someone is trying to cover their tracks here before they get impeached....Tomorrow's Leahy/Gonzales meeting should be fun....Hey Senator, make sure to put that weasel UNDER OATH...

[rooney]

44. right, now does that mean that they are excused for their

previous illegal activities concerning evesdropping.????

[wellst0nev0ter]

45. Now, Are These Warrants For Individuals

or are they blanketed towards groups?

[librechik]

46. does this mean surrender? and will they get away with 6 years

of breaking the law they now say they will comply with?

it's a devolution, but depressing. I want them spanked publically, not sneaking around avoiding justice.

[DearAbby]

47. Gee Gonzo

It's like putting a soggy broken cookie back into the jar. What about the past 6yrs of warrantless spying?

[TechBear_Seattle]

48. Yeah, yeah. Yet another "secret oversight commission"

There will be no way to verify that the judges are actually independent, and not hand picked by the president. Hell, there will be no way to verify that the "secret court" even exists. If you ask for proof, you will be told, "IT'S A SECRET!"

Yawn. Another dodge by the Junta.

[MilesColtrane]

49. discussion under way here

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2692904

[Solly Mack]

50. A government of secrets doesn't exactly a free nation make

[LiberalEsto]

51. Golly, I feel so relieved!

It's so peachy keen to know our Fuehrer has secret judges presiding over secret courts that monitor the government's secret wiretapping and domestic spying programs that watch over everyone's personal secrets. Can't have those pesky terrorists doing secret terra stuff, ya know?

Who cares if the CIA knows every little last thing about me and you? Maybe they can e-mail me an updated grocery list for this week. Am I low on cranberry juice, Agent Mike?

:hi:

[goforit]

52. Unbelievable. No wonder Bush won't re-authorize the eavesdropping program

[Rose Siding]

53. Weasel. This is just what they did in the habeas showdown

They back off (publicly, at least) before there's a ruling that would reign them in.

[rodeodance]

55. NYT: Thrus: "not broad approval"--FISA will do Individual warrents.

January 18, 2007
Court to Oversee U.S. Wiretapping in Terror Cases
By ERIC LICHTBLAU and DAVID JOHNSTON

WASHINGTON, Jan. 17 — The Bush administration, in a surprise reversal, said on Wednesday that it had agreed to give a secret court jurisdiction over the National Security Agency’s wiretapping program and would end its practice of eavesdropping without warrants on Americans suspected of ties to terrorists.

The Justice Department said it had worked out an “innovative” arrangement with the Foreign Intelligence Surveillance Court that provided the “necessary speed and agility” to provide court approval to monitor international communications of people inside the United States without jeopardizing national security.

The decision capped 13 months of bruising national debate over the reach of the president’s wartime authorities and his claims of executive power, and it came as the administration faced legal and political hurdles in its effort to continue the surveillance program.

The new Democratic-led Congress has pledged several investigations. More immediately, Attorney General Alberto R. Gonzales is expected to face hostile questioning on Thursday from the Senate Judiciary Committee on the program. And an appellate court in Cincinnati is scheduled to hear arguments in two weeks on the government’s appeal of an earlier ruling declaring the program illegal and unconstitutional.

Some legal analysts said the administration’s pre-emptive move could effectively make the court review moot, but Democrats and civil rights advocates said they would press for the courts and Congress to continue their scrutiny of the program of wiretapping without warrants, which began shortly after the terrorist attacks of Sept. 11, 2001.

.......
Justice Department officials said that the FISA court orders, which were not made public, were not a broad approval of the surveillance program as a whole, an idea that was proposed last year in Congressional debate over the program. They strongly suggested that the orders secured from the court were for individual targets, but they refused to provide details of the process used to identify targets — or how court approval had been expedited — because they said it remained classified. The senior Justice Department official said that discussing “the mechanics of the orders” could compromise intelligence activities. ..........


http://www.nytimes.com/2007/01/18/washington/18intel.html?th=&emc=th&pagewanted=print

[rodeodance]

56. “I don’t think the timing is coincidental,” Mr. Schumer said.. (never do I

think it is coincidental!


.....Democrats have pledged to investigate the N.S.A. program and other counterterrorism programs they say may rely on excessive presidential authority. Senator Charles E. Schumer of New York said the announcement appeared to be intended in part to head off criticism Mr. Gonzales was likely to face at Thursday’s judiciary committee hearing.

“I don’t think the timing is coincidental,” Mr. Schumer said in a telephone interview. “They knew they had a very real problem, and they’re trying to deflect it.”

But Justice Department officials said the timing of the announcement was driven solely by the FISA court’s notification in recent days that it had approved the new orders. The officials said the orders were the result of two years of discussing with the court how to bring the eavesdropping program under court review, a process they said began long before the program become public.

A Justice Department official said the department would file a motion with the Court of Appeals for the Sixth Circuit in Cincinnati, arguing that the court’s review of the issue in a lawsuit brought by the American Civil Liberties Union “is now moot” in light of this week’s developments.

[rodeodance]

57. oh oh-----looks like the WH is lying again!!-looky here:

......The administration said it had briefed the full House and Senate Intelligence Committees in closed sessions on its decision.

But Representative Heather A. Wilson, Republican of New Mexico, who serves on the Intelligence committee, disputed that, and some Congressional aides said staff members were briefed Friday without lawmakers present.

Ms. Wilson, who has scrutinized the program for the last year, said she believed the new approach relied on a blanket, “programmatic” approval of the president’s surveillance program, rather than approval of individual warrants.