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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJerrold Nadler Does Not Think the NSA Can Listen to U.S. Phone Calls
Connor Simpson
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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/
cantbeserious
(13,039 posts)ProSense
(116,464 posts)RobertEarl
(13,685 posts)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?
dennis4868
(9,774 posts)Mueller clearly says govt needs a warrant to listen to phone calls.
BetterThanNoSN
(170 posts)That must make the statement by Mueller true. Seriously?
Tx4obama
(36,974 posts)-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)eom
stevenleser
(32,886 posts)cantbeserious
(13,039 posts)If true, no one will admit it publicly - just the way the world works in the good old USA.
JDPriestly
(57,936 posts)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.
ProSense
(116,464 posts)reformist2
(9,841 posts)ProSense
(116,464 posts)cantbeserious
(13,039 posts)One wonders what pound of flesh was extracted from Nadler to extract this "change of heart".
Tx4obama
(36,974 posts)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)eom
JDPriestly
(57,936 posts)BumRushDaShow
(129,165 posts)The *crickets* were totally expected.
cantbeserious
(13,039 posts)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)Not only do they automatically explain away contradicting evidence, they end up beliving the theory even more after its disproven.
cantbeserious
(13,039 posts)eom
Number23
(24,544 posts)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.
burnodo
(2,017 posts)Brother Buzz
(36,447 posts)I'm just saying
burnodo
(2,017 posts)I guess certain dupe threads aren't deleted
Brother Buzz
(36,447 posts)Tx4obama
(36,974 posts)reformist2
(9,841 posts)Katashi_itto
(10,175 posts)Credibility is not being helped.
Scurrilous
(38,687 posts)JackRiddler
(24,979 posts)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.
temmer
(358 posts)JackRiddler
(24,979 posts)They're not interested in understanding it.
OnyxCollie
(9,958 posts)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)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)can be inferred from his statement that he has ALWAYS believed that the NSA can't listen without a warrant.
JackRiddler
(24,979 posts)And he was very clear about what he heard there. No need for inference necessary.
JackRiddler
(24,979 posts)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.
JDPriestly
(57,936 posts)I seriously doubt it.
usGovOwesUs3Trillion
(2,022 posts)reformist2
(9,841 posts)And if it looks like someone is being paid to post 1,000 posts on a specific subject, they probably are...
usGovOwesUs3Trillion
(2,022 posts)and we're better looking, too
Progressive dog
(6,905 posts)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.
Skip Intro
(19,768 posts)blkmusclmachine
(16,149 posts)AnotherMcIntosh
(11,064 posts)avaistheone1
(14,626 posts)JackRiddler
(24,979 posts)"Can"? Does anyone think it's impossible?