WP: White House Dismissed '02 Surveillance Proposal

[sabra]

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/25/AR2006012502270.html

White House Dismissed '02 Surveillance Proposal

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

...

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 former 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."

[rodeodance]

1. I am confused about this--says for for non-U.S. citizens

....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.

[sabra]

2. It appears the argument is, that lowering the "standards" was not

deemed a viable solutions then, then how can they use that same argument now?

[KittyWampus]

3. Everytime The WH Thinks They're Getting Ahead On This... Someone

leaks stuff.

Interesting. We are not alone in this fight against Facism.

[DC Law]

5. it actually shows

that because the amendment rejected by the Administration would lower the standard only for non-US citizens, they are on especially weak ground when they try to assert the need for a lower standard against all US persons, citizens and non-citizens alike. Not to mention, of course, that they say they don't need to meet that standard in a court's eyes, but according to their own measure.

In other words, the power asserted now is far greater than the power offered to--and turned down by--the Administration years ago.

[Zen Democrat]

4. So ..... John Ashcroft wasn't playing ball with Cheney and Bush???

I mean, he recuses himself in the Plame investigation and lets Comey appoint Fitzgerald with the full authority of the Justice Department.

Then, Ashcroft wouldn't sign the wiretap authorizations when they brought the papers to his hospital bed, after Comey refused to sign as Acting AG.

Now in this situation Ashcroft's Dept. of Justice nixes DeWine's attempt to lower the surveillance standards.

And then ... oh yeah, Ashcroft retires and Gonzalez gets the job.

Hmmmm, it appears that Colin Powell and John Ashcroft may have been in the same boat.

[patcox2]

6. Ashcroft had his own whackjob agenda, but it was independant

I will never approve of Ashcroft, but it is true that he was his own person and not a Bush toady. He bucked Bush on a few things, and acted independantly, angering Bush a few times, as was reported. Gonzalez is the weakest, most pathetic little lickspittle ever to hold such high office, I think.