Bush administration warrantless wiretapping

This article is part of our coverage of the Bush administration's domestic spying programs.

Main article:

George W. Bush's domestic spying

Sub-articles:

Bank records spying Phone records spying Cover-up? Domestic spying: Legal or Illegal? Warrantless wiretapping (includes The Bush administration's false FISA defense) Domestic Spying Leak Investigation U.S. congressional action on domestic wiretapping Related SourceWatch articles

The Bush administration's false FISA defense was exposed on January 24, 2006, by blogger Glenn Greenwald who had been pursuing the story about President George W. Bush's domestic spying:

"In June, 2002," Greenwald wrote, "Republican Sen. Michael DeWine of Ohio introduced legislation (S. 2659) which would have eliminated ... the 'probable cause' barrier (at least for non-U.S. persons) which the Administration is now pointing to as the reason why it had to circumvent FISA."

Knight Ridder Newspapers' Jonathan S. Landay picked up the story the next day, January 25, 2006:

"President Bush, Attorney General Alberto Gonzales and other top officials now argue that warrantless eavesdropping is necessary in part because complying with the FISA law is too burdensome and impedes the government's ability to rapidly track communications between suspected terrorists.

"In its 2002 statement, the Justice Department said it opposed a legislative proposal to change FISA to make it easier to obtain warrants that would allow the super-secret National Security Agency to listen in on communications involving non-U.S. citizens inside the United States.

"Today, senior U.S. officials complain that FISA prevents them from doing that."

Dan Eggen wrote in the January 26, 2006, Washington Post:

"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."

And the Los Angeles Times' David G. Savage wrote on January 26, 2006:

"Four years ago, top Bush administration lawyers told Congress they opposed lowering the legal standard for intercepting the phone calls of foreigners who were in the United States, even while the administration had secretly adopted a lower standard on its own.

"The government's public position then was the mirror opposite of its rationale today in defending its warrantless domestic spying program, which has come under attack as a violation of civil liberties."

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Related SourceWatch Resources

• Bush administration flip flops
• Bush administration U.S. attorney firings controversy
• Bush lies and deceptions
• Foreign Intelligence Surveillance Court

External Links

Documents

• "Proposals to Amend the Foreign Intelligence Surveillance Act. 31 July 2002 -- Senate Intelligence Committee." (posted on Federation of American Scientists' website).
• Statement of James A. Baker, Counsel for Intelligence Policy, Before the Select Committee on Intelligence, U.S. Senate, Concerning Proposals to Amend the Foreign Intelligence Surveillance Act of 1978, presented July 31, 2002. (posted on Federation of American Scientists' website).

Articles & Commentary

2006

• David E. Sanger and John O'Neil, "White House Begins New Effort to Defend Surveillance Program," New York Times, January 23, 2006: "Gen. Michael V. Hayden, who led the National Security Agency when it began the warrantless wiretaps, vigorously defended the program, though he acknowledged that it depended on a lower standard of evidence than required by courts."
• Glenn Greenwald, "The Administration's new FISA defense is factually false," Unclaimed Territory, January 24, 2006; "Follow-up on the DeWine issue," January 25, 2006.
• "Will Media Report Facts Undermining Bush Administration's 'Reasonable Basis' Defense of Spy Program's Legality?" Media Matters for America, January 24, 2006.

• See: "Does Gen. Hayden Know What the Fourth Amendment Says?" Kansas City infoZine, January 25, 2006, and "Constitution? No Expert, He. White House embraces 'reasonableness' in Fourth Amendment, but ignores the need for 'probable-cause'," The Day (New London, Connecticut), January 26, 2006.

• Matthew Rothschild, "Bush's Kansas Speech: More Nonsense on NSA," The Progressive, January 24, 2006.
• Jason Ryan, "Going Around the FISA Court. Government Officials Cite Need for Speed," ABC News, January 24, 2006.
• Mike Allen, "Permission to Eavesdrop? The White House may try to update the wiretapping law. Here's how to read this week's subtle hints," TIME, January 24, 2006.
• Adam Brookes, "White House defends spying policy," BBC, January 24, 2006.
• Jonathan S. Landay, "In 2002, Justice Department said eavesdropping law working well," Knight Ridder Newspapers, January 25, 2006.
• Steven Aftergood, "White House Rebuffed 2002 Effort to Relax FISA Standards," Federation of American Scientists (yubanet.com), January 25, 2006.
• Nedra Pickler, "Bush, Visiting NSA, Defends Surveillance," Associated Press (ABC News), January 25, 2006.
• Eric Lichtblau, "Attorney general defends surveillance," New York Times (International Herald Tribune), January 25, 2006.
• Jacob Weisberg, "The Power-Madness of King George. Is Bush turning America into an elective dictatorship?" Slate, January 25, 2006.
• Dan Eggen, "Gonzales Echoes Defense of Wiretaps," Washington Post, January 25, 2006.
• Dan Eggen, "White House Dismissed '02 Surveillance Proposal," Washington Post, January 26, 2006.
• David G. Savage, "Words, Deeds on Spying Differed. Even as warrantless U.S. eavesdropping was being conducted, the White House opposed easing rules on the issue in 2002 to avoid public debate," Los Angeles Times, January 26, 2006.
• Jonathan S. Landay, "Justice official endorsed spy curbs in 2002," Knight Ridder Newspapers (Seattle Times), January 26, 2006: In July 2002, James A. Baker said "that because the 'proposed change raises both significant legal and practical issues, the administration at this time is not prepared to support it.'"
• Stephen Koff, "White House balked at DeWine spying bill," Cleveland Plain Dealer, January 26, 2006.
• Julie Hirschfeld Davis, "Senators questioning spy program," Baltimore Sun, January 26, 2006.
• "Government flipped on spy standard. Officials publicly opposed lowering it, then secretly did," Los Angeles Times (Kansas City Star), January 26, 2006.
• "Bush Voted Against Spying Before Voting for It," truthdig!, January 26, 2006.
• Eric Lichtblau, "Judges on Secretive Panel Speak Out on Spy Program," Washington Post, March 29, 2006.

2007

May 15

• Andrew Cohen, "Alberto Throws Paul Under Bus: Ditto James to Alberto," Bench Conference Blog/Washington Post, May 15, 2007.
• Marty Lederman, "Comey Testifies that the President Broke the Law," Balkinization Blogspot, May 15, 2007.

• See Transcript of Comey's Testimony.

• Marcy Wheeler (emptywheel), firedoglake, May 15, 2007: "Comey SJC Testimony, LiveBlog One; Two; and Three.
• Paul Kiel, "Comey Details White House Attempt to Force Approval of Secret Program," TPMmuckraker, May 15, 2007.
• Laurie Asseo, "Gonzales Pressured Ashcroft on Program, Comey Says (Update5)," Bloomberg News, May 15, 2007.
• Laurie Kellman, "Hospitalized Ashcroft pressured by White House in 2004 on wiretaps, Senate panel told," Associated Press (San Diego Union-Tribune), May 15, 2007.
• Jonathan S. Landay and Marisa Taylor, "Initial warrantless eavesdropping program deemed illegal by the Justice Department," McClatchy Newspapers, May 15, 2007.
• Dahlia Lithwick, "Pulling the Plug. Alberto Gonzales browbeats the critically ill," Slate, May 15, 2007.
• Mike Nizza, "'04 Wiretapping Talks at Hospital," The Lede Blog/New York Times, May 15, 2007.

May 16

• Dana Milbank, "Ashcroft and the Night Visitors," Washington Post, May 16, 2007.
• Dan Froomkin, "High Drama -- and High Crimes?" Washington Post, May 16, 2007.
• Editorial: "Mr. Comey's Tale. A standoff at a hospital bedside speaks volumes about Attorney General Gonzales," Washington Post, May 16, 2007.
• Jonathan S. Landay and Marisa Taylor, "Ex-official says program illegal," McClatchy Newspapers, May 16, 2007.
• Amanda Terkel, "Senators Question Whether Gonzales Lied Under Oath About NSA Wiretapping Program," Think Progress, May 16, 2007.
• Lara Jakes Jordan, "Gonzales says he followed deputy's advice on firings," Associated Press (Boston Globe), May 16, 2007.
• Charlie Savage, "Senate hears of split over wiretaps in '04. Justice leaders nearly quit, ex-deputy says," Boston Globe, May 16, 2007.
• "White House pressured Ashcroft on wiretaps. Senate panel told attorney general had reservations about eavesdropping," Associated Press (MSNBC), May 16, 2007.

May 17

• R. Jeffrey Smith, "No Dissent on Spying, Says Justice Dept.," Washington Post, March 17, 2007.
• Editorial: "Unfit for chief law enforcer," Boston Globe, May 17, 2007.
• Editorial: "Mr. Gonzales’s Incredible Adventure," New York Times, May 17, 2007.
• "GOP's Hagel joins calls for Gonzales' resignation," CNN, May 17, 2007.
• "FBI involved in domestic spying?" Think Progress, May 17, 2007. See FBI and George W. Bush's domestic spying.