Bill Would Allow Warrantless Spying

[cal04]

GOP Plan Would Bring Surveillance Under Review of Congress, FISA Court

The Bush administration could continue its policy of spying on targeted Americans without obtaining warrants, but only if it justifies the action to a small group of lawmakers, under legislation introduced yesterday by key Republican
senators. The four senators hope to settle the debate over National Security Agency eavesdropping on international communications involving Americans when one of the parties is suspected of terrorist ties. President Bush prompted a months-long uproar when he said that constitutional powers absolve him of the need to seek warrants in such cases, even though the 1978 Foreign Intelligence Surveillance Act requires warrants for domestic wiretaps.

The program, begun in 2001, was first publicized late last year. The bill would allow the NSA to eavesdrop, without a warrant, for up to 45 days per case, at which point the Justice Department would have three options. It could drop the surveillance, seek a warrant from FISA's court, or convince a handful of House and Senate members that although there is insufficient evidence for a warrant, continued surveillance "is necessary to protect the United States," according to a summary the four sponsors provided yesterday. They are Mike DeWine (Ohio), Lindsey O. Graham (S.C.), Chuck Hagel (Neb.) and Olympia J. Snowe (Maine).

All but Graham are members of the sharply divided intelligence committee, whose Democratic members have unsuccessfully sought an investigation into the NSA program. Hagel and Snowe threatened last month to join the Democrats' request unless the administration and Congress agreed on a way to bring the wiretap program under the review of FISA's court and Congress.

It is far from clear whether the bill can win passage. Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) -- whose panel plays a major role in the surveillance matter -- pointed his thumb down yesterday when asked about the measure. He said he particularly objects to letting the government "do whatever the hell it wants" for 45 days without seeking judicial or congressional approval.

more
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/16/AR2006031601861.html

[journalist3072]

1. I just don't understand what their problem with obtaining warrants is...

Why are they so scared of going through the FISA Court to obtain warrants?

President Clinton said he found the FISA Court to be effective; he never had a problem with them.

[Warpy]

4. Obviously it's not terrorists they're spying on but

members of Congress, media people, and Democratic Party bosses.

Oh, and probably peace groups, but they probably got warrants for that stuff.

[journalist3072]

5. Ding, ding! Ladies and gentlemen, we have a winner!!

[cindyw]

2. A law that allows spying without judicial review would be unconstitutional

They can pass a "law" all they want and they will still be breaking the law. They would need to pass an amendment to the constitution I think.

[Clara T]

3. Shows how dictatorial these GOP cretins are

as FISA is rarely if ever turned down anyway.

Here come the small secret courts to find out which way activists position their toilet paper.

[Justice Is Comin]

6. Specter is giving them a migraine.

If it wasn't for him and the position he holds, this would have been long dead, buried and covered over in December.

I'm anxious to read how his bill is going to read. He intends to force them to go to FISA and have them rule if what they have been doing is illegal.

[bain_sidhe]

7. And if that isn't bad enough...

This looks to be the same bill that Glenn Greenwald was talking about in this post (based on this article in Editor & Publisher):

Criminalizing exposure of government wrongdoing

This article from Editor & Publisher reports that the proposed legislation for the so-called Terrorist Surveillance Act of 2006 to be introduced by Ohio Sen. Michael DeWine -- the principal purpose of which is to legalize the Bush Administration's illegal warrantless eavesdropping on Americans -- contains unprecedented provisions which create whole new categories of crimes designed to punish any future discussion of the President's eavesdropping activities, including by reporters

<snip>
The Administration self-evidently intends to use the criminal law to prevent further revelations of their illegal behavior, whether the disclosures come from ordinary citizens, government whistle-blowers or investigative journalists. They want anyone who is considering disclosing government wrongdoing to fear the prospects of criminal prosecution so that they remain silent. As I've documented several times before, journalists are the primary target of this intimidation campaign, but it extends far beyond them as well.