White House Caught in Lie Over Wiretaps

For days the Bush Administration and their Cronies have been saying that the illegal and the unconstitutional wiretapping is perfectly legal. When in fact we, and THEY knew that was a lie.

Dan Eggen of The Washington Post writes:

The Bush administration rejected a 2002 Senate proposal that would have made it easier for FBI agents to obtain surveillance warrants in terrorism cases, concluding that the system was working well and that it would likely be unconstitutional to lower the legal standard.

The proposed legislation by Sen. Mike DeWine (R-Ohio) would have allowed the FBI to obtain surveillance warrants for non-U.S. citizens if they had a "reasonable suspicion" they were connected to terrorism -- a lower standard than the "probable cause" requirement in the statute that governs the warrants.

The administration has contended that it launched a secret program of warrantless domestic eavesdropping by the National Security Agency in part because of the time it takes to obtain such secret warrants from federal judges under the Foreign Intelligence Surveillance Act (FISA).

The implications are immense; and simple to understand. Emperor Bush and his cronies knew their wiretapping was illegal. They didn't care. They were probably doing a vacuum cleaner approach and recording everything they can.

According to this. The Bush Administration turned down a measure to legalize his illegal wiretaps. He stated that it was unconstitutional.

Democrats and national security law experts who oppose the NSA program say the Justice Department's opposition to the DeWine legislation seriously undermines arguments by Attorney General Alberto R. Gonzales and others, who have said the NSA spying is constitutional and that surveillance warrants are often too cumbersome to obtain.

"It's entirely inconsistent with their current position," said Philip B. Heymann, a deputy attorney general in the Clinton administration who teaches law at Harvard University. "The only reason to do what they've been doing is because they wanted a lower standard than 'probable cause.' A member of Congress offered that to them, but they turned it down."

This is from Unclaimed Territory by Glenn Greenwald

So, in June, 2002, the Administration refused to support elimination of the very barrier ("probable cause") which Gen. Hayden claimed yesterday necessitated the circumvention of FISA. In doing so, the Administration identified two independent reasons for opposing this amendment. One reason was that the Justice Department was not aware of any problems which the Administration was having in getting the warrants it needed under FISA:

The practical concern involves an assessment of whether the current "probable cause" standard has hamstrung our ability to use FISA surveillance to protect our nation. We have been aggressive in seeking FISA warrants and, thanks to Congress's passage of the USA PATRIOT Act, we have been able to use our expanded FISA tools more effectively to combat terrorist activities. It may not be the case that the probable cause standard has caused any difficulties in our ability to seek the FISA warrants we require, and we will need to engage in a significant review to determine the effect a change in the standard would have on our ongoing operations. If the current standard has not posed an obstacle, then there may be little to gain from the lower standard and, as I previously stated, perhaps much to lose.

So as of June, 2002 -- many months after the FISA bypass program was ordered -- the DoJ official who was responsible for overseeing the FISA warrant program was not aware (at least when he submitted this Statement) of any difficulties in obtaining warrants under the FISA "probable cause" standard, and for that reason, the Administration would not even support DeWine's amendment. If - as the Administration is now claiming - they had such significant difficulties obtaining the warrants they wanted for eavesdropping that they had to go outside of FISA, surely Baker - who was in charge of obtaining those warrants - would have been aware of them. And, if the Administration was really having the problems under FISA, they would have supported DeWine's Amendment. But they didn't.

How much more evidence do we need to impeach him? The Republicans in office are looking more and more like yes-men that will do anything to protect their God-Emperor George W. Bush.

All I can say is, vote Democrat!

The entire article can be found here:
White House Dismissed '02 Surveillance Proposal

the Unclaimed Territory article can be found here:
The Administration's new FISA defense is factually false

Technorati tags: Bush, Wiretap, Surveillance, NSA, FBI