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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 03:19 AM
Original message
US News & World Report: "The Letter of the Law"
Edited on Sun Mar-19-06 03:46 AM by understandinglife
The Letter of the Law

The White House says spying on terror suspects without court approval is ok. What about physical searches?

By Chitra Ragavan

3/27/2006

In the dark days after the Sept. 11, 2001, terrorist attacks, a small group of lawyers from the White House and the Justice Department began meeting to debate a number of novel legal strategies to help prevent another attack. Soon after, President Bush authorized the National Security Agency to begin conducting electronic eavesdropping on terrorism suspects in the United States, including American citizens, without court approval. Meeting in the FBI's state-of-the-art command center in the J. Edgar Hoover Building, the lawyers talked with senior FBI officials about using the same legal authority to conduct physical searches of homes and businesses of terrorism suspects--also without court approval, one current and one former government official tell U.S. News. "There was a fair amount of discussion at Justice on the warrantless physical search issue," says a former senior FBI official. "Discussions about--if happened -- where would the information go, and would it taint cases."

FBI Director Robert Mueller was alarmed by the proposal, the two officials said, and pushed back hard against it. "Mueller was personally very concerned," one official says, "not only because of the blowback issue but also because of the legal and constitutional questions raised by warrantless physical searches." FBI spokesman John Miller said none of the FBI's senior staff are aware of any such discussions and added that the bureau has not conducted "physical searches of any location without consent or a judicial order."

In December, the New York Times disclosed the NSA's warrantless electronic surveillance program, resulting in an angry reaction from President Bush. It has not previously been disclosed, however, that administration lawyers had cited the same legal authority to justify warrantless physical searches. But in a little-noticed white paper submitted by Attorney General Alberto Gonzales to Congress on January 19 (2006) justifying the legality of the NSA eavesdropping, Justice Department lawyers made a tacit case that President Bush also has the inherent authority to order such physical searches. In order to fulfill his duties as commander in chief, the 42-page white paper says, "a consistent understanding has developed that the president has inherent constitutional authority to conduct warrantless searches and surveillance within the United States for foreign intelligence purposes." The memo cites congressional testimony of Jamie Gorelick, a former deputy attorney general in the Clinton administration, in 1994 stating that the Justice Department "believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

"Black-bag jobs." ....

Much more at the link:

http://www.usnews.com/usnews/news/articles/060327/27fbi.htm

Relevant refernces:

Letter to U.S. Attorney Karin J. Immergut (PDF):
http://www.usnews.com/usnews/news/graphics/fbi1.pdf

Response to Thomas H. Nelson (PDF):
http://www.usnews.com/usnews/news/graphics/fbi2.pdf

NSA denies Thomas H. Nelson's FOIA request (PDF):
http://www.usnews.com/usnews/news/graphics/fbi3.pdf


I've seen references to the fact that this would be published, but I've not seen the actual article referenced here at DU and thought it worthwhile to post it, particularly given details that I've not seen mentioned in any of the "heads up" pre-publication posts.

Implications of the role of Addington and Gonzales are obvious.


Be The Bu$h Opposition - 24/7


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BigBearJohn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 03:26 AM
Response to Original message
1. Thanks for posting this. K/R!!!
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 03:33 AM
Response to Original message
2. "White House lawyers, in particular, Vice President Cheney's counsel David
Edited on Sun Mar-19-06 03:42 AM by understandinglife
... (you guessed it) Addington (who is now Cheney's chief of staff), pressed Mueller to use information from the NSA program in court cases, without disclosing the origin of the information, and told Mueller to be prepared to drop prosecutions if judges demanded to know the sourcing, according to several government officials. Mueller, backed by Comey, resisted the administration's efforts. "The White House was putting pressure on Mueller to broadly make cases with the intelligence," says one official. "But he did not want to use it as a basis for any affidavit in any court." Comey declined numerous requests for comment. Sources say Mueller and his general counsel, Valerie Caproni, continue to remain troubled by the domestic spying program. Martin, who has handled more intelligence-oriented criminal cases than anyone else at the Justice Department, puts the issue in stark terms: "The failure to allow it to be used in court is a concession that it is an illegal surveillance."

Page 3:
http://www.usnews.com/usnews/news/articles/060327/27fbi_3.htm


Yep.

Addington, hmmmm ... seems I've heard that name in some other context ... could it be that treasonous outing of a CIA NOC that Prosecutor Fitzgerald is probing ... (http://www.truthout.org/docs_2005/103105D.shtml) ... Yep.


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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 03:54 AM
Response to Reply #2
3. ThinkProgress on Addington - Oct. 28, 2005:
Scooter Libby’s replacement as chief of staff to the Vice President is reportedly a man named David Addington. He was formerly Cheney’s counsel, a position he held since 2001. According to the indictment (Libby's: http://thinkprogress.org/2005/10/28/libby-indictments), it appears that Addington was involved in the leak:

18. Also on or about July 8, 2003, LIBBY met with the Counsel to the Vice President in an anteroom outside the Vice President’s Office. During their brief conversation, LIBBY asked the Counsel to the Vice President, in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas trip.


http://thinkprogress.org/2005/10/28/addington-involved-in-leak-scandal


Just a refresher ...


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pacalo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-20-06 01:01 AM
Response to Reply #2
14. That paragraph jumped out at me, as well.
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librechik Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 03:58 AM
Response to Original message
4. This is what Keith O was talking about last night.
Horrifying--I repeat, warrantless secret searches must not be allowed--it is too easy for the police to plant evidence. Then either innocents are in jeopardy, or our case against terrorists fall apart under scrutiny--how will such evidence be allowable? The way the case against Moussaui is disintegrating is just the first example of how this administrations abuse of the constitution is both expensive and ineffective (not to mention morally wrong)
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:43 AM
Response to Reply #4
6. Yes. It was what he was discussing with Turley and why Turley ...
... was so upset - rightly so.


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FloridaPat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 04:49 AM
Response to Original message
5. I bet * will have "inherent constitutional authority" to suspend elections
in 2008. These creeps aren't getting out alive.
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 11:01 AM
Response to Reply #5
10. If more people distrust the voting machines and they can't easily steal
the elections I think they'll try something like suspending elections, for whatever pre-fab reason, whether it's another attack or they suddenly become concerned with the voting machines (how rovian would that be?).

I don't think a replacement Bush puppet would win in a fair election, no matter who they run.

They will face prison when they lose their stranglehold, so they will try their best not to lose it. Their best is quite mediocre, so they will fail, and end up in bunkers if they're lucky.
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:43 AM
Response to Original message
7. Thanks for sharing this link!
K&R
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 10:42 AM
Response to Reply #7
8. Of course. It is an important report for many reasons.
Be The Bu$h Opposition - 24/7
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 11:00 AM
Response to Original message
9. Apologize that this is a dupe to something in LBN ... just missed it ...
... when I was posting early this morning. Glad that the LBN post is now on the DU homepage - this is a very important article.

The info on Addington that I appended in this post will hopefully add some value.


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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 12:12 PM
Response to Original message
11. For planting evidence, destroying evidence of their own crimes, and
Edited on Sun Mar-19-06 12:13 PM by Nothing Without Hope
for terrorizing anyone who dares to oppose them. So obvious, it's the terrible image of the police state, the jackboots coming through your door, with you helpless to oppose them or call for help.

The Nazification of America continues.

Note too that there has been clearly been a policy decision to ignore FOIA requests that might reveal facts the Bush Administration wants to keep suppressed - this is rampant and it is largely unreported:

http://seattlepi.nwsource.com/national/1110AP_Sunshine_Week_Delays.html
Monday, March 13, 2006 · Last updated 3:19 p.m. PT

Agencies missing FOIA deadlines, AP finds


By MARTHA MENDOZA
AP NATIONAL WRITER

(snip)

Paul McMasters, ombudsman of the nonpartisan First Amendment Center and one of the nation's leading authorities on freedom-of-information issues, said .... "There is absolutely no incentive for federal government employees to act with any sense of urgency on FOIA requests, and there are every sort of incentive to delay and delay. Those incentives are a culture of secrecy that has always existed in government, from 40 years ago when FOIA was passed to the present time."

(snip)

But Bush's directive stopped short of modifying a 2001 policy issued by then-Attorney General John Ashcroft requiring agencies to carefully consider national security, effective law enforcement and personal privacy before releasing information. Ashcroft cited security concerns in the wake of the Sept. 11 attacks as the reason for the changes to open government laws.

"The Bush-Cheney Administration sent a powerful message government-wide with the Ashcroft FOIA policy in 2001," said Sen. Patrick Leahy, D-Vt., a leading FOIA reform advocate who has several bills pending in Congress to modify the law.

"That shifted the upper hand in FOIA requests from the public to federal agencies. The new policy says, in effect, 'When in doubt, don't disclose, and the Justice Department will support your denials in court.' It undermines FOIA's purpose, which is to facilitate the public's right to know the facts, not the government's ability to hide them," he said.

(snip)


Also relevant:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x638725
thread title (3-12-06 GD): NSA Bill would make it a crime to report President breaking the law
AP, Editor & Publisher, and Glen Greenwald. Excerpt: “The Associated Press obtained a copy of the draft of the legislation, which could be introduced as soon as next week. The draft would add to the criminal penalties for anyone who "intentionally discloses information identifying or describing" the Bush administration's terrorist surveillance program or any other eavesdropping program conducted under a 1978 surveillance law. Under the boosted penalties, those found guilty could face fines of up to $1 million, 15 years in jail or both. Kate Martin, director of the Center for National Security Studies, said the measure is broader than any existing laws. She said, for example, the language does not specify that the information has to be harmful to national security or classified. ‘The bill would make it a crime to tell the American people that the president is breaking the law, and the bill could make it a crime for the newspapers to publish that fact," said Martin, a civil liberties advocate.’


"Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government." --Jeremy Bentham, jurist and philosopher (1748-1832)

K & R
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 06:10 PM
Response to Reply #11
13. Thank you, Hope, for placing these references in the thread. As always, ..
... much appreciated.


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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-19-06 12:14 PM
Response to Original message
12. Give 'em an inch, they take a mile.
Once the law has been broken as it has with the wiretapping, with no accountability - no stopping them. Whittling away, bit by bit.
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suffragette Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-20-06 01:44 AM
Response to Original message
15. The letter, the spirit and the purpose of the law
They clearly care about none of it and consider themselves above the law in using any means to try to attain their ends. We have to keep calling them on every breach.
Thanks to K.O. for alerting all of us to this news and to you,UL, for posting it.
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fooj Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-20-06 01:57 AM
Response to Original message
16. We need to get these people the hell out of OUR HOUSE! Now!
Peace.
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