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Date: Thu, 13 Jul 2006 22:01:34 -0400
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From: "R.A. Hettinga"
Subject: [Clips] White House Accepts Review on Eavesdropping, Specter Says
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http://www.nytimes.com/aponline/us/AP-Eavesdropping.html?ei=5094&en=2441c18a3f8da880&hp=&ex=1152849600&partner=homepage&pagewanted=print
The New York Times
July 13, 2006
White House Accepts Review on Eavesdropping, Specter Says
By THE ASSOCIATED PRESS
Filed at 9:07 p.m. ET
WASHINGTON (AP) -- President Bush has agreed conditionally to a court
review of his antiterror eavesdropping operations under a deal that, for
the first time, would open an important part of his once-secret
surveillance to a constitutional test.
The disclosure of the agreement on Thursday came as the White House sought
to end an impasse over a six-month-old dispute with Congress on the
National Security Agency's program. It monitors the international calls and
e-mails of Americans when terrorism is suspected.
Breaking with historic norms, the president had authorized the monitoring
without a court warrant.
Under a deal with the Senate Judiciary Committee chairman, Bush has agreed
to support a bill that could submit the program to the secretive Foreign
Intelligence Surveillance Court for a constitutional review.
''You have here a recognition by the president that he does not have a
blank check,'' said Sen. Arlen Specter, R-Pa. As a leading critic of the
program, he had broken ranks with his party.
When the program was disclosed in December, it outraged Democrats and civil
libertarians who said Bush overstepped his authority. On Thursday, advocacy
groups dismissed the prospect of a judicial review as a sham.
''This new bill would codify the notion that the president is not bound by
the laws passed by Congress or the Constitution,'' said Anthony Romero,
executive director of the American Civil Liberties Union.
Congress must approve the bill. Yet lawmakers have written at least a half
dozen competing proposals and more are coming.
Rep. Heather Wilson, R-N.M., who heads the House intelligence subcommittee
that oversees the NSA, is introducing a measure next week aimed at
modernizing the Foreign Intelligence Surveillance Act of 1978. Bush's
program allowed the agency to avoid that law.
Attorney General Alberto Gonzales said the administration supports
Specter's bill, which would allow the government to continue to collect
information intended to protect the country. ''My understanding from the
president is that the legislation could be very helpful,'' Gonzales said.
The administration initially resisted efforts to write a new law,
contending that no legal changes were needed. But after months of pressure,
officials have grown more open to legislation.
White House spokeswoman Dana Perino said the agreement with Specter
recognizes the president's constitutional authorities and updates the 1978
law to meet current threats.
''What is happening today is that the president and Congress are coming
together to codify the capacity for future presidents to take action to
protect our country,'' she said.
Gonzales said the bill gives Bush the option of submitting the NSA program
to the intelligence court, rather than requiring the review.
An administration official said Bush will submit to the review as long the
bill is not changed in ways that he sees as undermining security. The
official, who spoke on condition of anonymity because the deliberations are
internal, said the bill would preserve the right of future presidents to
skip that court review.
Gonzales said the legislation would allow him to consolidate legal
challenges to the eavesdropping program at the intelligence court, which he
described as a one-time test of the program's constitutionality.
More than 100 lawsuits have been filed in courts across the country.
Vermont Sen. Patrick Leahy, the Judiciary Committee's top Democrat, said
Bush could submit the program to the court right now, if he wished. He
called the potential legislation ''an interesting bargain.''
''He's saying, if you do every single thing I tell you to do, I'll do what
I should have done anyway,'' Leahy said.
The legislation also would:
--Require the attorney general to provide the court with information on the
program's legal basis, the government's efforts to protect Americans'
identities and the process used to determine that the intercepted
communications involve terrorism. Must certify that the information cannot
be obtained through other investigative means.
--Expand the time for emergency warrants secured under the law from three
days to seven days.
--Increase the criminal penalties for officials who knowingly misuse
foreign intelligence information.
--Require the attorney general to inform Congress' intelligence committees
on the program's activities every six months.
--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 law.
In an interview, Sen. Dianne Feinstein, D-Calif., said Specter's agreement
raises the ''thorny question'' about whether the content of conversations
should be subject to individual warrants. But Feinstein, one of a few
lawmakers fully briefed on the NSA program, said she wants to see the bill
before passing judgment.
Kate Martin, director of the Center for National Security Studies, which
advocates for civil liberties, said Congress is legislating in the dark
because so many lawmakers are not privy to the complete briefing.
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R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
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-----------------
R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'