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What prompted DOJ to re-review NSA program in spring '04?

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ColonelTom Donating Member (415 posts) Send PM | Profile | Ignore Thu May-17-07 08:44 AM
Original message
What prompted DOJ to re-review NSA program in spring '04?
That's the big question, and we need to push this beyond just the titillating cloak-and-dagger elements of Comey's testimony, which are getting the headlines right now:

A clue from James Risen's "State of War" (p. 55):

After President Bush signed the secret order authorizing the NSA eavesdropping operation, the Bush administration quietly notified the chief judge on the secret FISA court that approves national security wiretaps. That judge was then-U.S. District Court Judge Royce C. Lamberth, a genial, rotund Texas and a Republican. The administration didn't ask for his approval, and he didn't stand in the way when the government decided not to seek search warrants for the NSA program.

The NSA operation was scaled back, at least briefly, in the spring of 2004 when the federal judge who succeeded Lamberth as chief of the FISA court raised questions about how the NSA program was being used to generate intelligence. The concerns raised by District Court Judge http://en.wikipedia.org/wiki/Colleen_Kollar-Kotelly">Colleen Kollar-Kotelly clearly rattled the Bush administration. One official said he believed that the Program was effectively halted for about three weeks. Other top administration officials suggested that they abandoned some of the most aggressive techniques used in the NSA surveillance operation after the judge complained.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 08:49 AM
Response to Original message
1. People - why do we think rove wanted special judges and attorneys.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 08:49 AM
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2. my guess-there was a big upcoming election. What better way to silence distractors
Edited on Thu May-17-07 08:50 AM by mod mom
and get dirt on opponents than surveillance.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 08:53 AM
Response to Original message
3. Because they were spying on Kerry & dems
In Ohio phone lines were hacked, blocked, and no doubt listened too.

Ameritech/SBC was the biggest one for helping the NSA in tracking terrorists.
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blm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 09:49 AM
Response to Reply #3
5. Would also assure THEIR vote switching operatives weren't surveilled while implementing
their vote stealing strategies. Couldn't they also make sure to ERASE their own footprints?
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NewYorkerfromMass Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 10:38 AM
Response to Reply #3
9. Spring. 2004. I Conclude: They were obviously SPYING ON KERRY!!!
JEZZUM F'ING CROW!!! WHY in God's good name was it freaking ANDY CARD and the WHITE HOUSE ATTORNEY pressing for the re-authorization?!???
WHY??
Becasue it was POLITICALLY MOTIVATED!
There is no other answer.
I don't see George Tenet asking.
I don't see John Ashcroft asking.
I see political hacks- GEORGE W. BUSH's right hand helpers and ass lickers pestering the DOJ to renwew the freaking spying.
It was clearly POLITICALLY MOTIVATED, and
They obviously needed it to SPY ON KERRY!!!
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 08:58 AM
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4. It was the NYT and a whistleblower, IMO
From the NYT piece published in Dec. 2005

"The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted."

So, sometime in 2004, the NYT met with "senior administration officials".

http://www.nytimes.com/2005/12/16/politics/16program.html?ex=1292389200&en=e32070e08c623ac1&ei=5089
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 09:53 AM
Response to Reply #4
6. and didn't Bush vow to get the whisle blowers at that time? He was clearly
angry at that time.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 10:02 AM
Response to Reply #6
7. Oh, they've been after the heads of the NYT for treason ever since!
Check that...maybe they kissed and made up when they invited Karl to be their guest at a recent dinner. *wink*

Yes, he was pissed. After having Judy Miller in his back pocket to help gin up the fury and fear over Iraq, their publishing set off a panic attack.
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ColonelTom Donating Member (415 posts) Send PM | Profile | Ignore Thu May-17-07 12:50 PM
Response to Reply #4
11. The timeline fits - WH request to hold Risen's story was in Mar. '04

The Times scoop acknowledges the paper held the story for "a year" at the White House's request. The New York Observer claims the delay was more like 14 months, reporting that lead author James Risen went on book leave shortly after the paper decided to hold the piece, and that it was resurrected when he returned to the Times' Washington bureau in June 2005.


That would put the initial decision to hold the story in - drumroll, please - March 2004, the same month when DOJ tried to quash the program.

The rest of the Slate article quoted above is here.
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-17-07 10:17 AM
Response to Original message
8. Yes, I think that is THE question with regard to Comey's testimony.
I listened carefully to someone's clip of the testimony yesterday, and here's what I picked up. It's at the beginning of Comey's story. He's talking about the meeting between him and AG Ashcroft that precipitated this series of events (which ended with the incredible late-night scene at Ashcroft's ICU bed, about a week later). Comey and Ashcroft were meeting about "the program" in question (he declined to specify, but everyone thinks it's the NSA spying program). The DoJ was supposed to re-authorize it. A deadline was looming. Comey says, in his testimony, that he and Ashcroft discussed their concerns about the legality of the program and "laid out what we had learned." Neither Schumer nor other Senators backed up and asked him "what had you learned?" That phrase has connotations that go beyond a simple policy review, to the details of the spying program. What had they learned?

Within hours of this Ashcroft/Comey meeting, Ashcroft is stricken with pancreatitis and is rushed to the hospital, critically ill. (Very painful and dangerous condition; from medical discussions, I gather that his gall bladder was removed.) On Ashcroft's 6th day in ICU, with all visitors and calls banned, Comey--to whom Ashcroft had signed over AG authority while he was ill, and who had followed Ashcroft's wishes, and his own opinion, by NOT authorizing the spying program--was driving down Constitution Ave. at night, and gets a call from an aide who had just been called by Mrs. Ashcroft, who said that WH Counsel Gonzales and Bush aide Andrew Card were heading to Ashcroft's ICU room, to get him to sign off on the illegal spying program. Thus we go to the subsequent drama--Comey rushing to the hospital, calling FBI head Mueller to meet him there, getting there minutes before Gonzales and Card, and all the rest. His stated concern is that Gonzo and Card were going to use undue influence on the very ill, drugged Ashcroft, and that Ashcroft wouldn't know what he was signing. Ashcroft had turned AG powers over to Comey for this very reason--that he was too ill to make decisions. Gonzo and Card were trying to get around Comey. Notably, when Ashcroft raised his head from the pillow and said, "I'm not AG. He is!," pointing to Comey, Gonzo and Card IGNORED Comey, didn't acknowledge his presence, and turned and left the room. (Then part 2 of the story unfolds--Card phoning Comey and demanding that Comey come to the WH, at 11 pm; Comey saying he will not meet with Card "without a witness," etc.)

What had they learned--that would end in such amazing, late-night dramatics--with a few officers of the US trying to uphold the law, and agents of the White House acting like the goddamned Mafia?

What had Ashcroft, Comey and Mueller learned about the spying program? What was the WH doing with this warrantless spying apparatus, and who were they relying on to misuse it (if that's what they were doing)? (US attorneys? Corrupt agents?) What information were Ashcroft and Comey reviewing, at the beginning of this drama? ("...we laid out what we had learned.") What got these upright lawmen--Comey, Mueller (thorough-going establishment types) so exercised that they and their aides were all prepared to resign on the spot? AG Ashcroft, Acting AG Comey and FBI head Mueller, all ready to resign (Comey says so in his testimony.)

Legal niceties? I don't think so. Behind Comey's testimony--explosive as it was--lay something more explosive. That's surely a reasonable surmise. And WHO the WH was spying on is a reasonable guess as to what this crisis was all about.

Comey and Mueller are not the sort of people to risk terrorist attacks over legal niceties. If they thought that the NSA spying program had gone outside the law for a legitimate purpose, my guess is that they would have looked the other way--and, at the least, there would have been no such confrontation with Gonzo and Card. The matter would have been resolved quietly.

Comey, in speaking of his own motivation, in rushing to Ashcroft's side, says two things: That he was concerned about Ashcroft, about his health and about his ability to understand what he was signing, AND, he was concerned about what was best "for the country and for the DoJ." The country. It's a good guess then that what he and Ashcroft "had learned" ("...we laid out what we had learned") about a spying program that had been up and running for some time (just needed re-authorization) was BAD FOR THE COUNTRY. And it wasn't terrorism. What WAS it that they had judged "had no legal basis"? Again, a good guess is MISUSE of the spying program, for which they likely had some evidence. Again, Comey and Mueller are NOT government types who would raise such a stink about NOTHING, about skirting the law to keep the country safe (in a true sense). They would likely only react the way they did about substantial and dangerous activity by the WH that had nothing to do with preventing terrorism.

And here the Comey testimony dovetails with Rove's interference with the US Attorneys--with Gonzales once again being the enabler. They were not only trying to use DoJ for political prosecutions to influence elections and cover up Republican corruption, they were also very likely using the NSA anti-terrorist spying program to spy on the domestic political opposition. (And some have speculated here at DU that they were spying on Ashcroft and Comey, and thus had early warning that Ashcroft and Comey--and Mueller--were onto them. The very ill, drugged Ashcroft presented them with an opportunity to get around that opposition, by scurrilous means.)

Let's hope that the refreshing light of day is soon allowed to shine on this entire story of White House crime and treason. We, the people, who have been funding all of this crime, against our will, and whose votes have been stolen in so many ways, have a right to know.
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ColonelTom Donating Member (415 posts) Send PM | Profile | Ignore Thu May-17-07 12:20 PM
Response to Reply #8
10. More clues.
Secret Court's Judges Were Warned About NSA Spy Data Program May Have Led Improperly to Warrants
By Carol D. Leonnig
Washington Post Staff Writer
Thursday, February 9, 2006; Page A01


Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush's eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.

The revelations infuriated U.S. District Judge Colleen Kollar-Kotelly -- who, like her predecessor, Royce C. Lamberth, had expressed serious doubts about whether the warrantless monitoring of phone calls and e-mails ordered by Bush was legal. Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen.

* * *

James A. Baker, the counsel for intelligence policy in the Justice Department's Office of Intelligence Policy and Review, discovered in 2004 that the government's failure to share information about its spying program had rendered useless a federal screening system that the judges had insisted upon to shield the court from tainted information. He alerted Kollar-Kotelly, who complained to Justice, prompting a temporary suspension of the NSA spying program, the sources said.


So they were willing to guarantee the FISA court that no information obtained through "The Program" would be used in a court of law. Presumably that doesn't include military tribunals, which helps explain why the Bushies were so insistent upon not trying terrorism cases in legitimate federal courts, with all their bothersome constitutional protections and evidentiary rules.

The rest of the article is here.
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