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ProSense

(116,464 posts)
Sun Jun 16, 2013, 01:04 PM Jun 2013

Jerrold Nadler Does Not Think the NSA Can Listen to U.S. Phone Calls

Jerrold Nadler Does Not Think the NSA Can Listen to U.S. Phone Calls

Connor Simpson

<...>

CNet's Declan McCullugh published a story Saturday night purporting to prove Edward Snowden's claim that NSA analysts can wiretap domestic phone calls without a warrant. His case was built entirely around an exchange between Rep. Jerrold Nadler and FBI director Robert Mueller that happened during an FBI oversight hearing with the House Judiciary committee on Thursday.

The story drew a swift and immediate reaction over social media Saturday night. But when more closely examined the conversation doesn't concretely prove McCullugh's claims. In the exchange, Nadler claims the House was told during a classified briefing that NSA analysts didn't need a warrant to tap into domestic phone calls. But McCullugh never acknowledged Mueller's part in the exchange and Nadler's uncertainty that could paint the exchange in another light. Here is the entire conversation transcribed in full:

Nadler: Secondly, under section 215, if you've gotten information from meta-data and you as a result of that think that this phone number, 873-whatever, looks suspicious and we ought to actually get the contents of that phone... do you need a new, specific warrant?

Mueller: You need at least a national security letter. All you have is telephone number, so you do not have subscriber information. So you need subscriber information; you would have to get a national security letter to get that subscriber information.

Nadler: And to...

Mueller: And if you wanted to do more...

Nadler: If you want to listen to the phone...

Mueller: Then you have to get a special, a particularized order from the FISA court directed at that particular phone and that particular individual.

Nadler: Now, is the answer you just gave me classified?

Mueller: Is what?

Nadler: The answer you just gave me classified in any way?

Mueller: I don't think so.

Nadler: Then I can say the following. We heard precisely the opposite at the briefing the other day. We heard precisely that you could get specific information from that telephone simply based on an analyst deciding that and you didn't need a new warrant. In other words, what you just said is incorrect. So there's a conflict.

Mueller: I'm not certain it's the same... I answered the same question, but I'm sorry I didn't mean to interrupt.

Nadler: Well I asked the question both times and I think it's the same question. Um, so, maybe you'd better go back and check because someone was incorrect.

Mueller: I will do that. That is my understanding of the process.

Nadler: OK, I don't question it was your understanding. It was always my understanding. I was quite startled the other day and I wanted to take this opportunity...

Mueller: I'd be happy to clarify.

The most important part of Nadler's testimony is italicized. You can watch the full video here. Since the scandal broke, Nadler has walked back his comments in a statement. "I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans’ phone calls without a specific warrant," the New York Democrat told Buzzfeed's Andrew Kaczynski.

Seeing the full conversation reveals a slightly different picture than McCullugh was trying push forward. The FBI director testified that PRISM mostly works exactly like we've been told in the weeks since this scandal broke. An unclassified document obtained by Reuters claimed NSA officials looked at raw information for fewer than 300 telephone numbers in 2012. On Saturday, the Associated Press reported any domestic phone information collected by PRISM is stored in a secure server that requires a special warrant to access, supporting Mueller's testimony.

http://www.theatlanticwire.com/politics/2013/06/jerrold-nadler-does-not-thinks-nsa-can-listen-us-phone-calls/66278/



49 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Jerrold Nadler Does Not Think the NSA Can Listen to U.S. Phone Calls (Original Post) ProSense Jun 2013 OP
Watch The DU Video - Different Message And Meaning Entirely cantbeserious Jun 2013 #1
Are you dimissing Nadler's statement? n/t ProSense Jun 2013 #2
Nadler says they can't tap phones legally. RobertEarl Jun 2013 #21
No dennis4868 Jun 2013 #4
okie dokie BetterThanNoSN Jun 2013 #24
Nadler released a statement today to Buzzfeed, link below Tx4obama Jun 2013 #8
A Reasonable Take Is That A Pound Of Flesh Was Extracted From Nadler To Protect The Administration cantbeserious Jun 2013 #10
That's not a reasonable take unless you have evidence. nt stevenleser Jun 2013 #34
For Those Of Us That Have Worked In Positions Of Authority - It Is Very Reasonable - Besides ... cantbeserious Jun 2013 #37
Third grade English. The difference between can and may. JDPriestly Jun 2013 #26
Kick! n/t ProSense Jun 2013 #3
I too am glad the government claims that it still adheres to the constitution. reformist2 Jun 2013 #5
We should value facts. If it's incorrect, don't promote it. n/t ProSense Jun 2013 #6
And We Should Believe Everything That Our Government Tells Us - I Am Even More Suspicious Now cantbeserious Jun 2013 #11
So, Nadler is part of the government. Guess you can't believe him either. Tx4obama Jun 2013 #17
Yes - He Has Joined The Group Worthy Of Suspicion - A Strong Arm Is Most Likely The Cause cantbeserious Jun 2013 #20
I think, in fact I know, that Nadler does not know what he is saying. JDPriestly Jun 2013 #27
K&R BumRushDaShow Jun 2013 #7
One May Be Convinced - However, I Am Even More Suspicious Now Than Before cantbeserious Jun 2013 #12
Proven fact about conspiracy theory believers creeksneakers2 Jun 2013 #38
Ad Hominen Attack For Labeling Me As A Conspiracy Nut - These Attacks Are A Violation Of DU Rules cantbeserious Jun 2013 #44
I just came out of the other threads on this topic. There should be a warning for that kind of stuf Number23 Jun 2013 #9
Dupe burnodo Jun 2013 #13
Not that it matters in GD, but that OP is the dupe Brother Buzz Jun 2013 #14
You're right burnodo Jun 2013 #15
Dupe threads are deleted in LBN Brother Buzz Jun 2013 #16
There is no dupe rule in any of the forums except for the LBN forum. n/t Tx4obama Jun 2013 #18
I see burnodo Jun 2013 #19
If it's the third posting of the same thing, do we get to call it tripe? :) reformist2 Jun 2013 #30
Makes you wonder what the OP is trying to prove. These Dup threads... Katashi_itto Jun 2013 #32
K & R Scurrilous Jun 2013 #22
The "walk back" says nothing about what Nadler thinks. JackRiddler Jun 2013 #23
Exactly - why is this so difficult to understand for some? temmer Jun 2013 #28
That's an easy one. JackRiddler Jun 2013 #42
Upton Sinclair said it best. OnyxCollie Jun 2013 #45
Correct. HooptieWagon Jun 2013 #29
His position on the briefing creeksneakers2 Jun 2013 #39
Inferred, schminferred. He actually spoke about the briefing... JackRiddler Jun 2013 #43
Ha, except when he described the actual briefing. JackRiddler Jun 2013 #47
Have Nadler and Mueller ever worked for a telephone company? JDPriestly Jun 2013 #25
Like I always tell my kids... "Don't believe everything you, THINK!" usGovOwesUs3Trillion Jun 2013 #31
Exactly. It's good (albeit sad) to think of the world as a bunch of used-car salesmen. reformist2 Jun 2013 #33
We got them out numbered though ;) usGovOwesUs3Trillion Jun 2013 #35
K&R Progressive dog Jun 2013 #36
Oh, the administration said so. Well, that's good enough for me! Next. Skip Intro Jun 2013 #40
We're all Germans now. blkmusclmachine Jun 2013 #41
Let me help you: Nadler does not think the NSA can LEGALLY listen to U.S. phone calls AnotherMcIntosh Jun 2013 #46
Was that before or after Nadler said NSA can listen to our telephone calls? avaistheone1 Jun 2013 #48
Such a dishonest post, starting with the title. JackRiddler Jun 2013 #49
 

RobertEarl

(13,685 posts)
21. Nadler says they can't tap phones legally.
Sun Jun 16, 2013, 07:11 PM
Jun 2013

That is what we have all been saying... they are tapping our phones illegally.

Wait... do you think the NSA can't tap any phone the NSA wants to tap?

Tx4obama

(36,974 posts)
8. Nadler released a statement today to Buzzfeed, link below
Sun Jun 16, 2013, 05:12 PM
Jun 2013


-snip-

Update Rep. Nadler in a statement to BuzzFeed says: “I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans’ phone calls without a specific warrant.”

http://www.buzzfeed.com/andrewkaczynski/video-congressman-claims-he-was-told-government-could-listen




-snip-

UPDATE: Nadler walked back his comments in a statement to BuzzFeed on Sunday. “I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans’ phone calls without a specific warrant," he said.

http://www.huffingtonpost.com/2013/06/15/nsa-phone-calls-warrant_n_3448299.html


cantbeserious

(13,039 posts)
10. A Reasonable Take Is That A Pound Of Flesh Was Extracted From Nadler To Protect The Administration
Sun Jun 16, 2013, 06:28 PM
Jun 2013

eom

cantbeserious

(13,039 posts)
37. For Those Of Us That Have Worked In Positions Of Authority - It Is Very Reasonable - Besides ...
Mon Jun 17, 2013, 06:51 PM
Jun 2013

If true, no one will admit it publicly - just the way the world works in the good old USA.

JDPriestly

(57,936 posts)
26. Third grade English. The difference between can and may.
Mon Jun 17, 2013, 05:32 PM
Jun 2013

Saying that the government may not listen into phone calls without a warrant is very different from saying that they cannot listen into phone calls without a warrant.

Of course, they can listen into phone calls with or without a warrant. If they want to use what they hear as evidence in a court of law, they have to get a warrant. If they just want to know what is being said, then they can listen in.

Can refers to having the physical and material capacity to do something.

May means having the legal right to do it.

That is what those words mean in this context.

The statements are worthless.

cantbeserious

(13,039 posts)
11. And We Should Believe Everything That Our Government Tells Us - I Am Even More Suspicious Now
Sun Jun 16, 2013, 06:30 PM
Jun 2013

One wonders what pound of flesh was extracted from Nadler to extract this "change of heart".

Tx4obama

(36,974 posts)
17. So, Nadler is part of the government. Guess you can't believe him either.
Sun Jun 16, 2013, 07:04 PM
Jun 2013

Yesterday folks were saying that Nadler was a tough decent guy and can't be pushed around,
now all of a sudden folks think he's weak and can be pushed around?

LOL

cantbeserious

(13,039 posts)
12. One May Be Convinced - However, I Am Even More Suspicious Now Than Before
Sun Jun 16, 2013, 06:33 PM
Jun 2013

Always look for the entity that has the most to lose when evaluating denials.

Those parties are clearly the Oligarchs that control the corporations that pay campaign funds to the politicians.

Is it any wonder that the politicians have retracted their comments.

creeksneakers2

(7,473 posts)
38. Proven fact about conspiracy theory believers
Mon Jun 17, 2013, 11:00 PM
Jun 2013

Not only do they automatically explain away contradicting evidence, they end up beliving the theory even more after its disproven.

Number23

(24,544 posts)
9. I just came out of the other threads on this topic. There should be a warning for that kind of stuf
Sun Jun 16, 2013, 06:09 PM
Jun 2013

People sitting around LITERALLY arguing with nobody. Screaming names at people who aren't even there. It's astounding. The name-calling is through the roof all while breaking their own arms patting themselves on the back. There are more posts about DUers who "disagree" with them than there are posts supporting the OP although judging by the err.... "loving" they're showing to one another, I can't see more than one person who disagrees with the OP who has even posted in the threads.

I'm starting to wish that DU would drop the whole subject altogether. For those of us interested in this issue but not interested in bullshit, this is not a good place to discuss this topic.

 

Katashi_itto

(10,175 posts)
32. Makes you wonder what the OP is trying to prove. These Dup threads...
Mon Jun 17, 2013, 05:47 PM
Jun 2013

Credibility is not being helped.

 

JackRiddler

(24,979 posts)
23. The "walk back" says nothing about what Nadler thinks.
Mon Jun 17, 2013, 01:05 PM
Jun 2013

It says he's very happy that the administration issued an empty assurance that contradicts the briefing he received earlier.

It doesn't say "the briefing the other day" was incorrect.

 

OnyxCollie

(9,958 posts)
45. Upton Sinclair said it best.
Tue Jun 18, 2013, 10:57 AM
Jun 2013

“It is difficult to get a man to understand something, when his salary depends on his not understanding it.”
― Upton Sinclair, I, Candidate for Governor: And How I Got Licked

 

HooptieWagon

(17,064 posts)
29. Correct.
Mon Jun 17, 2013, 05:40 PM
Jun 2013

The WH assured Nadler that they aren't wiretapping illegally. Whether one believes the WH assurances or not is up to the individual. Nadler, politically wisely, publicly accepted the WH assurance. Whether he personally believes it or not he didn't say. But you can count on him bookmarking that assurance for future reference. If he obtains evidence the WH is lying...

creeksneakers2

(7,473 posts)
39. His position on the briefing
Mon Jun 17, 2013, 11:19 PM
Jun 2013

can be inferred from his statement that he has ALWAYS believed that the NSA can't listen without a warrant.

 

JackRiddler

(24,979 posts)
43. Inferred, schminferred. He actually spoke about the briefing...
Tue Jun 18, 2013, 05:32 AM
Jun 2013

And he was very clear about what he heard there. No need for inference necessary.

 

JackRiddler

(24,979 posts)
47. Ha, except when he described the actual briefing.
Thu Jun 20, 2013, 12:51 AM
Jun 2013

The briefing said, according to Nadler, that there is routine warrantless surveillance by NSA employees on American citizens.

The administration statement said, according to Nadler, that no such thing is happening.

Which Nadler do you want to believe? No problem, because the two needn't be seen as contradictory.

The briefing said one thing and the White House said the opposite.

This isn't about Nadler at all.

reformist2

(9,841 posts)
33. Exactly. It's good (albeit sad) to think of the world as a bunch of used-car salesmen.
Mon Jun 17, 2013, 05:51 PM
Jun 2013

And if it looks like someone is being paid to post 1,000 posts on a specific subject, they probably are...

Progressive dog

(6,905 posts)
36. K&R
Mon Jun 17, 2013, 06:10 PM
Jun 2013

You would think that Jerrold Nadler was testifying under oath in that video. It doesn't matter what he says now, they caught him.
I admire your perseverance.

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