Bush:
Eavesdropping Helps Save U.S. Lives 

JENNIFER LOVEN / AP 17dec2005

WASHINGTON — Facing angry criticism and challenges to his authority in Congress, President Bush on Saturday unapologetically defended his administration's right to conduct secret post-Sept. 11 spying in the United States as "critical to saving American lives."

One Democrat said Bush was acting more like a king than a democratically elected leader. But Bush said congressional leaders had been briefed on the operation more than a dozen times. That included Democrats as well as Republicans in the House and Senate, a GOP lawmaker said.

Often appearing angry in an eight-minute address, the president made clear he has no intention of halting his authorizations of the monitoring activities and said public disclosure of the program by the news media had endangered Americans.

Bush's willingness to publicly acknowledge a highly classified spying program was a stunning development for a president known to dislike disclosure of even the most mundane inner workings of his White House. Just a day earlier he had refused to talk about it.

Since October 2001, the super-secret National Security Agency has eavesdropped on the international phone calls and e-mails of people inside the United States without court-approved warrants. Bush said steps like these would help fight terrorists like those who involved in the Sept. 11 plot.

"The activities I have authorized make it more likely that killers like these 9/11 hijackers will be identified and located in time," Bush said. "And the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad."

News of the program came at a particularly damaging and delicate time.

Already, the administration was under fire for allegedly operating secret prisons in Eastern Europe and shipping suspected terrorists to other countries for harsh interrogations.

The NSA program's existence surfaced as Bush was fighting to save the expiring provisions of the USA Patriot Act, the domestic anti-terrorism law enacted after the attacks of Sept. 11, 2001. Democrats and a few Republicans who say the law gives so much latitude to law enforcement officials that it threatens Americans' constitutional liberties succeeded Friday in stalling its renewal.

So Bush scrapped the version of his weekly radio address that he had already taped — on the recent elections in Iraq — and delivered a live speech from the Roosevelt Room in which he lashed out at the senators blocking the Patriot Act as irresponsible and confirmed the NSA program.

Bush said his authority to approve what he called a "vital tool in our war against the terrorists" came from his constitutional powers as commander in chief. He said that he has personally signed off on reauthorizations more than 30 times.

"The American people expect me to do everything in my power under our laws and Constitution to protect them and their civil liberties," Bush said. "And that is exactly what I will continue to do, so long as I'm the president of the United States."

James Bamford, author of two books on the NSA, said the program could be problematic because it bypasses a special court set up by the 1978 Foreign Intelligence Surveillance Act to authorize eavesdropping on suspected terrorists.

"I didn't hear him specify any legal right, except his right as president, which in a democracy doesn't make much sense," Bamford said in an interview. "Today, what Bush said is he went around the law, which is a violation of the law — which is illegal."

Retired Adm. Bobby Inman, who led the NSA from 1977 to 1981, said Bush's authorization of the eavesdropping would have been justified in the immediate aftermath of the Sept. 11 attacks "because at that point you couldn't get a court warrant unless you could show probable cause."

"Once the Patriot Act was in place, I am puzzled what was the need to continue outside the court," Inman added. But he said, "If the fact is valid that Congress was notified, there will be no consequences."

Susan Low Bloch, a professor of constitutional law at Georgetown University Law Center, said Bush was "taking a hugely expansive interpretation of the Constitution and the president's powers under the Constitution.

That view was echoed by congressional Democrats.

"I tell you, he's President George Bush, not King George Bush. This is not the system of government we have and that we fought for," Sen. Russell Feingold, D-Wis., told The Associated Press.

Added Sen. Patrick Leahy (news, bio, voting record), D-Vt.: "The Bush administration seems to believe it is above the law."

Bush defended the program as narrowly designed and used "consistent with U.S. law and the Constitution." He said it is employed only to intercept the international communications of people inside the U.S. who have been determined to have "a clear link" to al-Qaida or related terrorist organizations.

Government officials have refused to provide details, including defining the standards used to establish such a link or saying how many people are being monitored.

The program is reviewed every 45 days, using fresh threat assessments, legal reviews, and information from previous activities under the program, the president said. Intelligence officials involved in the monitoring receive extensive training in civil liberties, he said.

Bush said leaders in Congress have been briefed more than a dozen times. Rep. Pete Hoekstra, R-Mich., told House Republicans that those informed were the top Republican and Democratic leaders of the House and Senate and of each chamber's intelligence committees. "They've been through the whole thing," Hoekstra said.

The president had harsh words for those who revealed the program to the media, saying they acted improperly and illegally. The surveillance was first disclosed in Friday's New York Times.

"As a result, our enemies have learned information they should not have," Bush said. "The unauthorized disclosure of this effort damages our national security and puts our citizens at risk."

Bush has more to worry about on Capitol Hill than his difficulties with the Patriot Act. Lawmakers have begun challenging Bush on his Iraq policy, reflecting polling that shows half of the country is not behind him on the war.

On Sunday, the president was continuing his effort to reverse that by giving his fifth major speech in less than three weeks on Iraq.

One bright spot for the White House was a new poll showing that a strong majority of Americans oppose, as does Bush and most lawmakers, an immediate withdrawal of U.S. troops from Iraq. The APsIpsos poll found 57 percent of those surveyed said the U.S. military should stay until Iraq is stabilized.

Associated Press Special Correspondent David Espo and writers Andrew Bridges and Will Lester contributed to this report.

source: http://news.yahoo.com/s/ap/20051217/ap—on—go—pr—wh/bush 17dec2005

Bush Approved Eavesdropping, Official Says 

AP 17dec2005

WASHINGTON — President Bush has personally authorized a secretive eavesdropping program in the United States more than three dozen times since October 2001, a senior intelligence official said Friday night.

The disclosure follows angry demands by lawmakers earlier in the day for congressional inquiries into whether the monitoring by the highly secretive National Security Agency violated civil liberties.

"There is no doubt that this is inappropriate," declared Republican Sen. Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee. He promised hearings early next year.

Bush on Friday refused to discuss whether he had authorized such domestic spying without obtaining warrants from a court, saying that to comment would tie his hands in fighting terrorists.

In a broad defense of the program put forward hours later, however, a senior intelligence official told The Associated Press that the eavesdropping was narrowly designed to go after possible terrorist threats in the United States.

The official said that, since October 2001, the program has been renewed more than three dozen times. Each time, the White House counsel and the attorney general certified the lawfulness of the program, the official said. Bush then signed the authorizations.

During the reviews, government officials have also provided a fresh assessment of the terrorist threat, showing that there is a catastrophic risk to the country or government, the official said.

"Only if those conditions apply do we even begin to think about this," he said. The official spoke on condition of anonymity because of the classified nature of the intelligence operation.

"The president has authorized NSA to fully use its resources — let me underscore this now — consistent with U.S. law and the Constitution to defend the United States and its citizens," the official said, adding that congressional leaders have also been briefed more than a dozen times.

Senior administration officials asserted the president would do everything in his power to protect the American people while safeguarding civil liberties.

"I will make this point," Bush said in an interview with "The NewsHour With Jim Lehrer." "That whatever I do to protect the American people — and I have an obligation to do so — that we will uphold the law, and decisions made are made understanding we have an obligation to protect the civil liberties of the American people."

The surveillance, disclosed in Friday's New York Times, is said to allow the agency to monitor international calls and e-mail messages of people inside the United States. But the paper said the agency would still seek warrants to snoop on purely domestic communications — for example, Americans' calls between New York and California.

"I want to know precisely what they did," Specter said. "How NSA utilized their technical equipment, whose conversations they overheard, how many conversations they overheard, what they did with the material, what purported justification there was."

Sen. Russ Feingold, D-Wis., a member of the Judiciary Committee, said, "This shocking revelation ought to send a chill down the spine of every American."

Vice President Dick Cheney and Bush chief of staff Andrew Card went to the Capitol Friday to meet with congressional leaders and the top members of the intelligence committees, who are often briefed on spy agencies' most classified programs. Members and their aides would not discuss the subject of the closed sessions.

The intelligence official would not provide details on the operations or examples of success stories. He said senior national security officials are trying to fix problems raised by the Sept. 11 commission, which found that two of the suicide hijackers were communicating from San Diego with al-Qaida operatives overseas.

"We didn't know who they were until it was too late," the official said.

Some intelligence experts who believe in broad presidential power argued that Bush would have the authority to order these searches without warrants under the Constitution.

In a case unrelated to the NSA's domestic eavesdropping, the administration has argued that the president has vast authority to order intelligence surveillance without warrants "of foreign powers or their agents."

"Congress cannot by statute extinguish that constitutional authority," the Justice Department said in a 2002 legal filing with the Foreign Intelligence Surveillance Court of Review.

Other intelligence veterans found difficulty with the program in light of the 1978 Foreign Intelligence Surveillance Act, passed after the intelligence community came under fire for spying on Americans. That law gives government — with approval from a secretive U.S. court — the authority to conduct covert wiretaps and surveillance of suspected terrorists and spies.

In a written statement, NSA spokesman Don Weber said the agency would not provide any information on the reported surveillance program. "We do not discuss actual or alleged operational issues," he said.

Elizabeth Rindskopf Parker, former NSA general counsel, said it was troubling that such a change would have been made by executive order, even if it turns out to be within the law.

Parker, who has no direct knowledge of the program, said the effect could be corrosive. "There are programs that do push the edge, and would be appropriate, but will be thrown out," she said.

Prior to 9/11, the NSA typically limited its domestic surveillance activities to foreign embassies and missions — and obtained court orders for such investigations. Much of its work was overseas, where thousands of people with suspected terrorist ties or other valuable intelligence may be monitored.

The report surfaced as the administration and its GOP allies on Capitol Hill were fighting to save provisions of the expiring USA Patriot Act that they believe are key tools in the fight against terrorism. An attempt to rescue the approach favored by the White House and Republicans failed on a procedural vote.

source: http://www.cbsnews.com/stories/2005/12/17/ap/politics/mainD8EHN9180.shtml 17dec2005