For the Record
Varied Rationales Muddle Issue of NSA Eavesdropping
By Dan Eggen and Walter Pincus
Washington Post Staff Writers
Friday, January 27, 2006; Page A05
President Bush said yesterday that he didn't seek congressional approval for a warrantless domestic eavesdropping program for one simple reason: He didn't need it.
"We believe there's a constitutional power granted to presidents as well as, this case, a statutory power," Bush said. "And I'm intending to use that power."
It is one of several explanations on the topic from Bush and his aides, who have provided at least two separate rationales for why they did not ask for statutory authority for the program. Attorney General Alberto R. Gonzales said the administration had considered seeking legislation but determined it would be impossible to get, adding later in the same news conference that authorities did not want to expose the program's existence. White House spokesman Scott McClellan has echoed the latter point, saying the administration feared that details of the classified program would be exposed publicly.
The subject is one of several elements in the NSA spying debate that have been clouded by apparent contradictions and mixed messages from the government since the program was revealed last month. The confusion has cleared up little in recent days, as the White House has embarked on a multi-pronged campaign to defend the legality of the controversial program.
Gonzales and other officials, for example, have repeatedly said that the Foreign Intelligence Surveillance Act (FISA), which governs secret surveillance in the United States, is too cumbersome to be applied to the NSA eavesdropping program. Yet the Justice Department raised concerns about a 2002 bill to loosen FISA requirements....
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/26/AR2006012601990.html