Originally posted by SOB
"I wish people would actually read for once instead of letting the NYT form their opinion for them."
OK, it's obviously pointless to try and discuss this with you.
People see this as an invasion of privacy right? Or at least that's how the NYT plays it in the article......some super secret squirl program but the truth is in the details:
the 16th paragraph, some 1,110 words into the massive piece, does the paper tell you the important context in which the program was created and used
What the agency calls a "special collection program" began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism. The program accelerated in early 2002 after the Central Intelligence Agency started capturing top Qaeda operatives overseas, including Abu Zubaydah, who was arrested in Pakistan in March 2002. The C.I.A. seized the terrorists' computers, cellphones and personal phone directories, said the officials familiar with the program. The N.S.A. surveillance was intended to exploit those numbers and addresses as quickly as possible, the officials said.
In addition to eavesdropping on those numbers and reading e-mail messages to and from the Qaeda figures, the N.S.A. began monitoring others linked to them, creating an expanding chain. While most of the numbers and addresses were overseas, hundreds were in the United States, the officials said.
As a result of the NSA program, buried down in the 11th paragraph, we learn that the terrorist plot involving convicted al Qaeda operative Iyman Faris was uncovered--possibly saving untold lives, not to mention New York bridges and possibly Washington, D.C. trains.
The Times then discloses key information beginning in the 34th paragraph of the piece:
In mid-2004, concerns about the program expressed by national security officials, government lawyers and a judge prompted the Bush administration to suspend elements of the program and revamp it.
For the first time, the Justice Department audited the N.S.A. program, several officials said. And to provide more guidance, the Justice Department and the agency expanded and refined a checklist to follow in deciding whether probable cause existed to start monitoring someone's communications, several officials said.
A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the Federal Intelligence Surveillance Court, helped spur the suspension, officials said. The judge questioned whether information obtained under the N.S.A. program was being improperly used as the basis for F.I.S.A. wiretap warrant requests from the Justice Department, according to senior government officials. While not knowing all the details of the exchange, several government lawyers said there appeared to be concerns that the Justice Department, by trying to shield the existence of the N.S.A. program, was in danger of misleading the court about the origins of the information cited to justify the warrants.
One official familiar with the episode said the judge insisted to Justice Department lawyers at one point that any material gathered under the special N.S.A. program not be used in seeking wiretap warrants from her court. Judge Kollar-Kotelly did not return calls for comment.
A related issue arose in a case in which the F.B.I. was monitoring the communications of a terrorist suspect under a F.I.S.A.-approved warrant, even though the National Security Agency was already conducting warrantless eavesdropping. According to officials, F.B.I. surveillance of Mr. Faris, the Brooklyn Bridge plotter, was dropped for a short time because of technical problems. At the time, senior Justice Department officials worried what would happen if the N.S.A. picked up information that needed to be presented in court. The government would then either have to disclose the N.S.A. program or mislead a criminal court about how it had gotten the information.
So:
1) Certain elements of the controversial program have been "suspended" and "revamped." Which ones, the Times doesn't say. Is the NSA still monitoring phone calls to and from the US? or not The Times does not make that clear.
2) Did you catch this: "According to officials, F.B.I. surveillance of Mr. Faris, the Brooklyn Bridge plotter, was dropped for a short time because of technical problems." How long must we tolerate the screw-ups at the FBI?
3) For those who blithely suggest that the NSA had no reason to bypass the courts, note that Judge Colleen Kollar-Kotelly refused to issue FISA warrants based on the NSA info.
Is there room for abuse in the program....yes
is there oversite in the program....yes
Can information gathered with the program be used in court.....no
FISA background and explains the damage these leaks do to national security--worth quoting in full:
Some brief background: The Foreign Intelligence Security Act permits the government to monitor foreign communications, even if they are with U.S. citizens -- 50 USC 1801, et seq. A FISA warrant is only needed if the subject communications are wholly contained in the United States and involve a foreign power or an agent of a foreign power.
The reason the President probably had to sign an executive order is that the Justice Department office that processes FISA requests, the Office of Intelligence Policy and Review (OIPR), can take over 6 months to get a standard FISA request approved. It can become extremely bureaucratic, depending on who is handling the request. His executive order is not contrary to FISA if he believed, as he clearly did, that he needed to act quickly. The president has constitutional powers, too.
It's also clear from the Times piece that Rockefeller knew about the government's eavesdropping, as did the FISA court. By the time this story is fully fleshed out, we'll learn that many others knew about it, too. To the best of my knowledge, Rockefeller didn't take any steps to stop the eavesdropping. And he's no friend of this administration. Nor is he above using intelligence for political purposes, as his now infamous memorandum demonstrates.
But these leaks -- about secret prisons in Europe, CIA front companies, and now secret wiretaps, are egregious violations of law and extremely detrimental to our national security. They are far worse than any aspect of the Plame matter. The question is whether our government is capable of tracking down these perpetrators and punishing them, or will we continue to allow the Times and Washington Post determine national security policy. And if these wiretaps are violative of our civil liberties, it's curious that the Times would wait a year to report about it. I cannot remember the last time, or first time, this newspaper reported a leak that was helpful to our war effort.
