Reidblog [The Reid Report blog]

Think at your own risk.
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Thursday, January 26, 2006
Now they tell us
Alberto Gonzales is just doing his job, which in the case of this White House and this attorney general, is to shill for the president even at the expense of your own integrity as an advocate for the rule of law. However, about three years ago, a different odor was emanating from the DOJ:
White House Dismissed '02 Surveillance Proposal

By Dan Eggen
Washington Post Staff Writer
Thursday, January 26, 2006; A04

The Bush administration rejected a 2002 Senate proposal that would have made it easier for FBI agents to obtain surveillance warrants in terrorism cases, concluding that the system was working well and that it would likely be unconstitutional to lower the legal standard.

The proposed legislation by Sen. Mike DeWine (R-Ohio) would have allowed the FBI to obtain surveillance warrants for non-U.S. citizens if they had a "reasonable suspicion" they were connected to terrorism -- a lower standard than the "probable cause" requirement in the statute that governs the warrants.

The administration has contended that it launched a secret program of warrantless domestic eavesdropping by the National Security Agency in part because of the time it takes to obtain such secret warrants from federal judges under the Foreign Intelligence Surveillance Act (FISA).

The wiretapping program, ordered by President Bush in 2001, is used when intelligence agents have a "reasonable basis to believe" that a target is tied to al Qaeda or related groups, according to recent statements by administration officials. It can be used on U.S. citizens as well as foreign nationals, without court oversight.

Democrats and national security law experts who oppose the NSA program say the Justice Department's opposition to the DeWine legislation seriously undermines arguments by Attorney General Alberto R. Gonzales and others, who have said the NSA spying is constitutional and that surveillance warrants are often too cumbersome to obtain.

"It's entirely inconsistent with their current position," said Philip B. Heymann, a deputy attorney general in the Clinton administration who teaches law at Harvard University. "The only reason to do what they've been doing is because they wanted a lower standard than 'probable cause.' A member of Congress offered that to them, but they turned it down."
Hmm... does anybody else smell trouble? ...I sure hope Mike DeWine has his retraction ready tomorrow -- either that or that he doesn't have any Vietnam-era medals, cause if he does they're gonna get trashed tomorrow...

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posted by JReid @ 1:50 AM  


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