White House agrees to NSA review by court: senator

WASHINGTON (Reuters) - The White House, in a policy reversal, has agreed to allow a secret federal court review of the National Security Agency's domestic spying program, a top Senate Republican announced on Thursday.

Senate Judiciary Committee Chairman Arlen Specter said he has negotiated a proposed bill with the White House that would achieve that and voiced hope his panel would approve it.

"We have structured a bill which is agreeable to the White House and I think will be agreeable to this committee," Specter told the panel, which will vote on it perhaps later this month after members have had an opportunity to review it.

Specter and other lawmakers pressed Bush to seek clearance from the secret Foreign Intelligence Surveillance Act court for the spying program, implemented after the September 11 attacks and first disclosed last December by The New York Times.
...
The Pennsylvania Republican said the court will determine the program's constitutionality based, in part, on arguments presented to it by the attorney general.

http://www.washingtonpost.com/wp-dyn/content/article/2006/07/13/AR2006071300689.html

It's all window dressing for November, of course, but still...

:woohoo:
rocknation

Specter's like a parent with a damp rag racing around after a child with a drippy ice cream cone.

they wouldn't allow this unless all the outcome has already been determined.

They already have the FISA rules in place, they don't need another bill, just a White House that can read the law and follow it.

One FISA court judge has resigned when this illegal program became known. Has that judge been replaced, if so, who is it? What does that say about the others that remained on the court when the illegal program became known? Are they more willing to do bush*co's bidding?



I thought that the SCOTUS decision in Hamdom(sp), even though on a different matter, clearly spelled out that bush*co's argument that they have broad "war powers" leaves the illegal spy program exposed as an unconsitutional abuse of power by the bush* administration.

Spector is full of shit and should be petitioning the House to draw up articles of impeachment rather than providing cover for bush*.

http://news.yahoo.com/s/nm/20060713/pl_nm/security_nsa_dc;_ylt=Aoq1OzE9GHGVTLvY7OrA34Os0NUE;_ylu=X3oDMTA3OTB1amhuBHNlYwNtdHM-

Bush agrees to court review of spy program

By Thomas Ferraro 16 minutes ago

WASHINGTON (Reuters) - In a reversal, the White House has agreed to allow a secret federal court review of the National Security Agency's warrantless domestic spying program, a top U.S. Senate Republican announced on Thursday.
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Senate Judiciary Committee Chairman Arlen Specter said he had negotiated a bill with the White House to update surveillance laws and clear the way for an examination of the constitutionality of the program designed to track terrorists.

"We have structured a bill which is agreeable to the White House and I think will be agreeable to this committee," Specter told the panel, which will vote on it perhaps later this month after members have had an opportunity to review it.

Specter's fellow Republicans voiced support for the deal while some Democrats expressed reservations and said they wanted to get the details.

Specter and other lawmakers had pressed Bush to seek clearance from the secret Foreign Intelligence Surveillance Act court for the spying program, implemented after the September 11 attacks and first disclosed last December by The New York Times.

While the bill does not mandate a court review, Specter said Bush agreed to submit the overall program to such an examination -- provided the legislation is approved by Congress or changed in a manner acceptable to the president.

or just the parts * wants the court to see.

bush is cornered & will allow someone to review what he's already done.

Once their report is in, he'll just discount their findings & "stay the course" because he's a "war time president" and everyone in his admin. works under the assumption that bush is "always right" about everything.

Nothing to see here.

This is pandering to the voters ... pure desperation ...

I feel quite confident we'll be getting right to the bottom of this problem.


"We have structured a bill which is agreeable to the White House and I think will be agreeable to this committee," Specter told the panel,

Will that be the version with- or without retroactive blanket amnesty- for every known Republican crime committed since electricity was invented?

By ERIC LICHTBLAU
Published: July 14, 2006

WASHINGTON, July 13 — After months of resistance, the White House agreed Thursday to allow a secret intelligence court to review the legality of the National Security Agency’s program to conduct wiretaps without warrants on Americans suspected of having ties to terrorists.

If approved by Congress, the deal would put the court, known as the Foreign Intelligence Surveillance Court, in the unusual position of deciding whether the wiretapping program is a legitimate use of the president’s power to fight terrorism. The aim of the plan, Attorney General Alberto R. Gonzales told reporters, would be to “test the constitutionality” of the program.

The plan, brokered over the last three weeks in negotiations between Senator Arlen Specter and senior White House officials, including President Bush himself, would apparently leave the secretive intelligence court free to consider the case in closed proceedings, without the kind of briefs and oral arguments that are usually part of federal court consideration of constitutional issues. The court’s ruling in the matter could also remain secret.

The court would be able to determine whether the program is “reasonably designed” to focus on the communications of actual terrorism suspects and people in the United States who communicate with them. That determination is now left entirely in the hands of the security agency under an internal checklist.

http://www.nytimes.com/2006/07/14/washington/14nsa.html?hp&ex=1152849600&en=4364efcbee7088cc&ei=5094&partner=homepage

Please read the whole article it explains what a big sham this plan is

Mr.bush allows the FISC to investigate what he and Gonzales came up with, so isn't this security agency under them?

...is a court. Judiciary branch. In theory at least, independent.

Wonder how good the theory is because it seems like Mr.bush just gave himself permission to inspect what he did to see if he thinks it is ok to do this. Thanks. Edited to add reuters link I just found.
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=2388121&mesg_id=2388158

There is a current law and a current court system which can determine if this spying follows that law. Not good for Bush. So with this bill Bush sets up a new behind closed doors secret court and tells them not to check and see if the spying is following the law but if the spying program is appropriate to catch "terrorists".

Just a sham.

http://www.dcd.uscourts.gov/kotelly-bio.html

Why would a Clinton appointee white-wash a Bush program if she thought it was unconstitutional?

You guys gotta stop watching conspiracy movies.

...........The plan, brokered over the last three weeks in negotiations between Senator Arlen Specter and senior White House officials, including President Bush himself, would apparently leave the secretive intelligence court free to consider the case in closed proceedings, without the kind of briefs and oral arguments that are usually part of federal court consideration of constitutional issues. The court’s ruling in the matter could also remain secret.

L'etat, c'est moi!

clarifications

FISA Court Judges and FISA Appeals Court Judges are selected by the Chief Justice of the United States. The Executive Branch can neither appoint these positions nor veto those the CJ appoints.

Specter is out of his lane. This should be in the Intel Committee if anywhere.

This isn't a program for "domestic" communications - and that description is factually inaccurate. It is the intercept (as in "see the contents of", not "prevent") data travelling from one country to another - inherently international.

Requiring a court to rule on the permissibility of inspecting data going into of out of the country is analaguous to requiring court approval to search in individual entering/leaving the country for documents that could harm the nation. "Here Fred, htake this letter of credit to Osama" Of course doing the inspection via electronic intercept is less intrusive than searching in the underwear that you're 7 year old daughter has as she goes through customs.

Specter can pass all the bills he wants - the only way to really limit the executive IN THIS AREA is either by constitutional amendment or by prohibiting the use of appropriations for that purpose. Any "law" Specter succeeds is passing would have the same effect as a law telling a President who can and can't be pardoned, or whether a president can dismiss a cabinet member.

There are plenty of legitimate issues - this isn't one. Nor is it a winning issue politically.