Ellington

Very bad news for the administration:

President Bush's rationale for eavesdropping on Americans without warrants rests on questionable legal ground, and Congress does not appear to have given him the authority to order the surveillance, said a Congressional analysis released Friday. The analysis, by the Congressional Research Service, a nonpartisan research arm of Congress, was the first official assessment of a question that has gripped Washington for three weeks: Did Mr. Bush act within the law when he ordered the National Security Agency, the country's most secretive spy agency, to eavesdrop on some Americans?

The report, requested by several members of Congress, reached no bottom-line conclusions on the legality of the program, in part because it said so many details remained classified. But it raised numerous doubts about the power to bypass Congress in ordering such operations, saying the legal rationale "does not seem to be as well grounded" as the administration's lawyers have argued.

The report was particularly critical of a central administration justification for the program, that Congress had effectively approved such eavesdropping soon after the Sept. 11, 2001, attacks by authorizing "all necessary and appropriate force" against the terrorist groups responsible. Congress "does not appear to have authorized or acquiesced in such surveillance," the report said, adding that the administration reading of some provisions of federal wiretap law could render them "meaningless."

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ID

172121

Comment

AP today: A majority of Americans want the Bush administration to get court approval before eavesdropping on people inside the United States, even if those calls might involve suspected terrorists, an AP-Ipsos poll shows. Over the past three weeks, President Bush and top aides have defended the electronic monitoring program they secretly launched shortly after Sept. 11, 2001, as a vital tool to protect the nation from al-Qaida and its affiliates. Yet 56 percent of respondents in an AP-Ipsos poll said the government should be required to first get a court warrant to eavesdrop on the overseas calls and e-mails of U.S. citizens when those communications are believed to be tied to terrorism. Agreeing with the White House, some 42 percent of those surveyed do not believe the court approval is necessary. It's that 42 percent that should scare the dickens out of us. I'm sure they all think it could *never* happen to them, but only to the "bad guys." Of course, that brings us back to: If they're "bad," get a frickin' warrant. Doh.

Author

ladd

Date

2006-01-07T16:25:47-06:00