White House rebuffed effort in 2002 to relax FISA standardBreaking News
Administration officials said at the time that the legislative proposal was unnecessary and possibly unconstitutional.
Yet in a speech this week on the NSA domestic surveillance program, Deputy Director of National Intelligence Gen. Michael V. Hayden indicated that the executive branch had unilaterally adopted a similar "reasonable suspicion" standard.
Instead of FISA's more stringent "probable cause" requirement, the presidentially-directed NSA surveillance operation applied to international calls that "we have a reasonable basis to believe involve al Qaeda or one of its affiliates," Gen. Hayden said on January 23.
The unexplained contradiction between the Administration's public rejection of the "reasonable suspicion" standard for FISA, and its secret adoption of that same standard was noted yesterday by attorney and blogger Glenn Greenwald.
See "The Administration's New FISA Defense is Factually False,"
The 2002 legislative proposed, S. 2659 introduced by Rep. Michael DeWine (R-OH), "raises both significant legal and practical issues [and] the Administration at this time is not prepared to support it," said James A. Baker of the Justice Department.
Among other concerns, Mr. Baker said, "If we err in our analysis and courts were ultimately to find a 'reasonable suspicion' standard unconstitutional, we could potentially put at risk ongoing investigations and prosecutions."
See Mr. Baker's prepared statement from the July 31, 2002 hearing of the Senate Intelligence Committee here:
The transcript and other prepared statements from that Senate Intelligence Committee hearing on "Proposals to Amend the Foreign Intelligence Surveillance Act" are available here:
comments powered by Disqus
- ‘No Vacancies’ for Blacks: How Donald Trump Got His Start, and Was First Accused of Bias
- New Yorker profiles activist who's drawing attention to lynchings
- Wisconsin GOP senator wants to replace history professors with Ken Burns videos
- UT removes Confederate inscription that it previously said would stay
- The man behind the Smithsonian’s new African-American history museum
- Some Ohio University professors ditch the textbooks, and the prices
- Renowned Israeli Holocaust Historian: ‘If I Were a British Jew, I’d Be Worried’
- Heather Ann Thompson pries loose the long-kept secrets of Attica in her new book
- Lonnie Bunch remembers his first day on the job as director of the new black history museum
- Speaker Ryan loves pseudo-historian David Barton