Bush-NSA Spying in Defiance of Congress, Court

By Jason Leopold
t r u t h o u t | Investigative Report

Thursday 29 December 2005

The Bush administration was publicly admonished by a senate committee, and a special surveillance court, in two separate instances for repeatedly trying to skirt the law in obtaining top-secret warrants to spy on American citizens suspected of having ties to terrorists. Despite the public rebuke, President Bush circumvented the judicial process and secretly authorized the National Security Agency to spy on thousands of individuals in the United States in defiance of the very court that issued a legal opinion saying the administration was already infringing on civil liberties in other domestic spy cases.

Securing top-secret surveillance warrants from a special court after 9/11 was proving to be hugely problematic for the Justice Department, and led a senate committee to issue an extraordinary report more than two years ago criticizing federal law enforcement officials for failing to properly follow routine guidelines in their efforts to obtain warrants for eavesdropping on Americans suspected of having ties to terrorists.

The Senate Judiciary Committee report issued in February 2003 may help explain why President Bush authorized the National Security Agency to spy on Americans without seeking prior approval from the Foreign Intelligence Surveillance Court, which for more than two decades has handled domestic spying activities.

The report singled out the FBI, and said the bureau's agents, whose job it is to obtain the surveillance warrants from the special court to collect intelligence information in the fight against terrorism, were inadequately trained in important aspects of not only the procedures to obtain warrants to spy on Americans under the Foreign Intelligence Surveillance Act (FISA), "but also fundamental aspects of criminal law."

full story at:
http://www.truthout.org/docs_2005/122905I.shtml