White House Told NSA Briefings Broke Law

[deminks]

http://news.yahoo.com/s/ap/20060105/ap_on_go_pr_wh/domestic_spying_congress_6



By KATHERINE SHRADER, Associated Press Writer 4 minutes ago

WASHINGTON - The top Democrat on the House Intelligence Committee told
President Bush Wednesday that the White House broke the law by withholding information from the full congressional oversight committees about a new domestic surveillance program.

In a letter to Bush, Rep. Jane Harman (news, bio, voting record), D-Calif., said the National Security Act requires the heads of the various intelligence agencies to keep the entire House and Senate intelligence committees "fully and currently informed of the intelligence activities of the United States."

Only in the case of a highly classified covert action can the president choose to inform a narrower group of Congress members about his decision, Harman said. That action is defined in the law as an operation to influence political, economic or military conditions of another country.

"The NSA program does not qualify as a 'covert action,'" Harman wrote.

[rodeodance]

1. the Repug Congress does not care (for the most part).

[MsKandice01]

2. Yet ANOTHER crime they'll get away with..

Fucking bastards.

[JuniperLea]

3. Yippeeeee!

Well, I guess the only way for Bushie to pull his ass outta this one is... stay tuned, I'm sure they are thinking of something:)

[politicaholic]

40. He pulls his ass outta this one by...

plugging the hole with someone elses ass. No...Accountability...Ever!!

Ha! Bush is just as much of a coward and traitor as Ronald "Arms for Hostages" Reagan was. When will this Revangelical coup end?!?! With this...hopefully soon.

[JuniperLea]

44. All the charm of Reagan

and all the wit of Nixon. What a winner... and a weener.

Plugging the hole with someone else's ass... hahahahhahahahaaa! That is funny:)

[HereSince1628]

4. Huh? The NSA program sure wasn't overt.

She must be depending on some legal definition of highly classified covert, because in common parlance covert means secret or hidden and the NSA project certainly was.

[KittyWampus]

8. The NSA Program, ITSELF, is not covert

that's how I took that phrase to mean.

[HereSince1628]

9. But its the congresswoman is saying it was highly classified covert

And for that matter, I can't recall the exact words, but I certainly got the impression from Bush that the program of domestic spying was classified. And other things written about it would seem to indicate that the "need to know" list was small.

[Mithras61]

10. I think she's referring to this part...

"That action is defined in the law as an operation to influence political, economic or military conditions of another country."

Since it wasn't intended to influence another country, it does't qualify as a covert action that would allow * to only inform a more limited list of Congress critters. Since the entire set of House & Senate intel committees wasn't informed, that makes it a violation of the law.

That is to say, domestic spying isn't covered by the definition of a "covert action."

[electropop]

12. She is referring to a very specific legal definition.

Obviously, almost everything the Regime does is covert, but she is talking about whether this program qualifies under very narrow rules exempting certain activities from a Congressional notification requirement.

[lovuian]

5. Broke the LAW!!! A crime has BEEN committed!!!

one of many...

[Trevelyan]

32. DemandHearingsforSpying - Congresswoman Louise Slaughter

The constitutional and legal questions by this secret domestic spying strike at the very heart of the foundation of our democratic ideals. These stories of undisclosed domestic spying and wiretaps - approved by the White House and carried out by our top law enforcement agencies without Congressional knowledge or judicial review - force citizens here and abroad to question our nation's commitment to its own ideals. Unfortunately, we are all too numb to an Administration -- which has already sullied our reputation abroad as the torch bearer of democracy, and a free, open, and tolerant nation -- by authorizing secret prisons, planting propaganda, and fighting attempts to ban torture. However, this doesn't mean we stay quiet.

We must act today and use our collective outrage to demand answers. I want to collect thousands of your signatures and deliver them personally to Chairmen Sensenbrenner and Hoekstra after the New Year. So, please sign my petition sign my petition today:

http://www.votelouise.com/DemandHearingsforSpying

Thank you again for all you do to restore faith in our democracy.

[HuffleClaw]

6. good, i hope this is only one of many such instances

where their evildoing is exposed. they've been too busy catapulting the propaganda of late, spreading myths and outright LIES about what happened. its about time someone set the record straight.

[roseBudd]

7. Voted it up on yahoo, needs more votes

[MellowOne]

11. Just one more reason to impeach

Just one more scandal to fade away.....oh well

[savemefromdumbya]

13. you've got him Jane!

now what to do with him?

[lavenderdiva]

14. K & R!!

:kick:

[BadGimp]

15. I'm gettin a stiffy

[tuvor]

16. Don't forget to rate the Yahoo story! n/t

[geckosfeet]

17. Go Jane go! A law has been broken. What do our lawmakers

do now? We can only hope.

[Miss Chybil]

18. What does the king care about laws?

Humph!

[Rigby Reardon]

19. This is where I am confused....

I don't know what law was broken.

I hear lots of talk about it in the press, but lets face it the press talks out of its ass most of the time anyway...they don't have a clue as to what is really hapening.

I spent 15 years I the NSA. About half in Collections and the rest in Analysis. It is well within the NSA's charter to collect intelligence from American citizens on American soil. Granted, it is not something they do a lot of, or take very lightly, but they can do it.

In any case, If the NSA feels it cannot rightfully collect Intel from an American source they can, and very commonly do, get the Canadians to collect whatever it is that they want. Then QCHQ will had it over the NSA.

And there ain't no law against that....

[Cults4Bush]

21. Whoa! You Worked For The NSA?!?!? So why no FISA?

Thats what everyone wants to know if everything is on the up and up why no FISA.

Why not just go that route?

If you dont get a whiff of dead fish over this... well Considering you are a retired NSA official I'll just keep my mouth shut and all.

[culturalelite]

22. laws broken

Why do you reject Harman's claim that the National Security Act was violated by not fully informing the House and Senate Intelligence Committees of the domestic spying progarm? And then there's the fourth amendment. There is, of course, little citizens can do to prevent the govt from violating the fourth amendment, and violations are routine. But that doesn't mean that it's not illegal to do so.

[TheGunslinger]

25. well within the charter, eh? Why do I smell the stench of BS?

[Richard Steele]

27. Really? Then prove it - show me the LAW that says so.

Because I currently believe that most of
the claims in your post are simply not true.

You said: "It is well within the NSA's charter to collect intelligence from American citizens on American soil"

I say:

[Rigby Reardon]

28. Well, Dick, I don't know what to tell ya..

Do you also disbelieve that the Canadians collect intel on American citizens and turn it over to the NSA?

[Richard Steele]

29. I know they do, and I know WHY:

Because the NSA is NOT ALLOWED to do it DIRECTLY.

Hoist by your own petard, much?


Oh, I forgot to mention: Welcome to DU!:hi:

[Rigby Reardon]

42. That is exactly why.

And that is the entire point.


If there is a law that says one thing there is a legal way around it. I don't believe htat I am hoisting any petards. Yours, mine, or ours.

I can guarentee you the NSA will not give up any survelliance opportunities. Ever hear of Echelon?

Why is everyone moaning about a few wiretaps when Echelon exsists?

[6th Borough]

30. Tell that to the OTHER ex-NSA official who was on Democracy Now! yesterday

/EOM

[fasttense]

39. What law was broken? Where have you been this last month?

Let's start with the 4th Amendment to the Constitution, then we go on to FISA. If you were "collecting data" (really what it is spying) on US citizens in the United States without a warrant from a judge, than you broke the law and should be prosecuted. What is your real name by the way?

[emald]

20. everybody, and I mean everybody, knows * broke the law

he as much as said it himself. The problem is that no one seems able to do anything about it. so what if it's illegal if no one holds him to account. BFD.
He should have been impeached long ago and if he's not now done in for this last bit of lazy law than strike the lines and shove off. amerikka has arrived.

[Trevelyan]

31. One thing not to do is let Bush have Alito and the SCOTUS

Please sign Howard Dean's petition.

Dear Senator,

President Bush has handed the far-right special interests a special gift by nominating Judge Samuel Alito to the Supreme Court. Alito's extremist record makes him a threat to civil rights protections, environmental protections, privacy rights, religious freedom, and workers rights.

I ask you to vote not to confirm Samuel Alito to a lifetime position on the Supreme Court of the United States.

http://www.democrats.org/page/petition/rejectalito

http://www.dailykos.com/storyonly/2006/1/4/82550/12447
Dean calls for rejection of Alito (Petition link inside)
by Siberian at 06:25:50 AM PDT

This doesn't appear to have been posted here yet but I think it's important that it gets some exposure here. While often there are calls here to 'freep this poll' for no other reason then to try to send a message using an unscientific poll I think petitions are a far more valuable tool for making your voice heard.

Late yesterday Howard Dean sent out an following email to subscribers of the DNC's mailing list calling for Alito to be rejected by the senate. While such a petition may have mimimal impact in swaying the opinions of republicans in the Senate, with a strong following it may have an impact on how unified the Democrats are in opposing Alito.

Dean is hoping to raise an additional 250,000 signatures in the next 48 hours to get the petition over 1 million. If you oppose Alito's nomination please sign this petition. Full text of Dean's email is below the fold...

[DemoTex]

23. Harman to Bu$h: "The NSA program does not qualify as a 'covert action'."

Bu$h to Harman:

[scarface2004]

24. badges??!!

we don t need no stinkin' badges!!!

[Up2Late]

26. WOW! all the ReThugs are starting to treat * like a Poopie Diaper

Image: Pinch nose with one hand, hold Poopie Diaper (*) with thumb and forefinger at arms length in the other.

[Trevelyan]

33. PLEASE SIGN CONGRESSMAN CONYERS' LETTER IMPEACHMENT INQUIRY

http://ga4.org/campaign/wiretaphearings

http://www.theimpeachproject.com up and running

With this email we announce the launch of a revolutionary NEW and more powerful way of doing online activism. You have reported to us repeated instances of large corporate ISPs blocking our email alerts, and as our numbers have grown we have wracked our brains for the ultimate solution to this problem. Because we are doing action pages for no charge for more and more other groups, you have asked us to find a way to prepopulate those forms for you so you don't have to enter your basic contact information every time. And most of all, because we may not always agree each of us on everything, we have had calls to go back to our original format of voting pages with Yes/No options for all questions. And here is what we have created for you.

http://www.usalone.com/index.php

MOST IMPORTANT!! PLEASE SIGN CONGRESSMAN CONYERS' LETTER TO BEGIN IMPEACHMENT INQUIRY IN THE HOUSE AND YES HE USES THE I-WORD!!

http://www.johnconyers.com/

[Blutodog]

34. Law?

Bu$hCo's answer to Rep. Harmen will go like this, SHUT UP BITCH! I AM the friggin Law!

[happydreams]

43. I thought liked Bush Trevelyak? What changed your mind?

GOPA?

[OKNancy]

35. kick

[Judi Lynn]

36. Key Dem rips spy program briefings

Key Dem rips spy program briefings
Harman says Bush's reports to Congress were too limited to meet legal requirements Rep. Harman says reports to Congress violated law requiring fuller disclosure
Scott Shane, New York Times

Thursday, January 5, 2006

Washington -- The top Democrat on the House Intelligence Committee said Wednesday that the limited congressional briefings the Bush administration has provided on a National Security Agency eavesdropping program violated the law.

In a letter to President Bush, the representative, Jane Harman of Rancho Palos Verdes (Los Angeles County), said the briefings did not comply with the National Security Act of 1947. That law requires the House and Senate Intelligence Committees to be "kept fully and currently informed" about the spy agencies' activities.

The briefings on the program under which Americans and other people in the United States are selected for eavesdropping without court warrants were limited to the so-called Gang of Eight. That consists of the Republican and Democratic leaders of each house and of the Intelligence Committees. Because of turnover in those positions, 14 members of Congress attended one or more briefings.

Harman wrote in her letter that the law allows briefings to be limited to the eight leaders only in cases of covert action. The National Security Agency program does not qualify as a covert action, which the law says does not include activities whose "primary purpose is to acquire intelligence," she wrote.
(snip/...)

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/01/05/MNG1LGHHF81.DTL

[jsamuel]

37. one more legitimate reason for impeachment

[MissMillie]

38. I keep hoping that some journalist

will become the Edward R. Murrow on this one.

"We cannot defend freedom abroad by deserting it at home."

[yellowdogmi]

41. noted k&R

Nice catch!


http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=2350066&mesg_id=2350066

[greiner3]

45. Can you hear it?

That's the sound of a tsunami that will roll over and hopefully drown the rats who call themselves repugs.