NYT: Report Questions Legality of (limited) Briefings on Surveillance

[DeepModem Mom]

Report Questions Legality of Briefings on Surveillance
By SCOTT SHANE
Published: January 19, 2006


WASHINGTON, Jan. 18 - A legal analysis by the nonpartisan Congressional Research Service concludes that the Bush administration's limited briefings for Congress on the National Security Agency's domestic eavesdropping without warrants are "inconsistent with the law."

The analysis was requested by Representative Jane Harman, the ranking Democrat on the House Intelligence Committee, who said in a Jan. 4 letter to President Bush that she believed the briefings should be open to all the members of the House and Senate Intelligence Committees....(T)he briefings have been limited to the Republican and Democratic leaders of the House and Senate and of the Intelligence Committees, the so-called Gang of Eight....

***

The Congressional Research Service memorandum, sent to the Intelligence Committee on Wednesday, explores the requirement in the National Security Act of 1947 that the committees be kept "fully and currently informed" of intelligence activities. It notes that the law specifically allows notification of "covert actions" to the Gang of Eight, but says the security agency's program does not appear to be a covert action program.

As a result, the memorandum says, limiting the briefings to just eight members of Congress "would appear to be inconsistent with the law."

The memorandum, written by Alfred Cumming, a national security specialist at the research service, does lay out several possible defenses for the administration's position. "The executive branch may assert that the mere discussion of the N.S.A. program generally could expose certain intelligence sources and methods to disclosure," it says....


http://www.nytimes.com/2006/01/19/politics/19nsa.html?hp&ex=1137646800&en=0e2d0c573033c7de&ei=5094&partner=homepage

[sabra]

1. another interesting snip

In an interview on Wednesday, Ms. Harman, of California, said she had been invited to another briefing on the program at the White House on Friday and had urged senior administration officials to open the session to the full committees.

She declined to name the officials, but a Congressional staff member said they were Andrew H. Card Jr., the White House chief of staff; and David S. Addington, Vice President Dick Cheney's chief of staff. Mr. Cheney's office oversees the briefings on the surveillance program.

</snip>

Something is going down...

[Pirate Smile]

2. Of course, Darth Cheney's fingertips are all over this.

[bettyellen]

3. K+R

[savemefromdumbya]

4. Congressional Agency Questions Legality of Wiretaps (1/19/06 Washpost)

So Bush broke the law what now?

By Dan Eggen
Washington Post Staff Writer
Thursday, January 19, 2006; Page A05

The Bush administration appears to have violated the National Security Act by limiting its briefings about a warrantless domestic eavesdropping program to congressional leaders, according to a memo from Congress's research arm released yesterday.

The Congressional Research Service opinion said that the amended 1947 law requires President Bush to keep all members of the House and Senate intelligence committees "fully and currently informed" of such intelligence activities as the domestic surveillance effort

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/18/AR2006011802158.html

[EFerrari]

5. I see. Another good reason to catch #3 again.

Just in time!

[formercia]

6. don't ask, don't tell

"The executive branch may assert that the mere discussion of the N.S.A. program generally could expose certain intelligence sources and methods to disclosure,"

Like they might get caught doing something illegal.

[bettyellen]

7. ,,,

[HuffleClaw]

8. "would appear to be inconsistent with the law."

hmmmm. and bush's personal lawyer/AG hops up to claim otherwise. i wonder if nixon tried a similar stunt during watergate?