Judge's secret ruling curbed spy program

[Qutzupalotl]

Source: Seattle Times from Washington Post

WASHINGTON — A federal intelligence-court judge earlier this year secretly declared a key element of the Bush administration's wiretapping efforts illegal, according to a lawmaker and government sources, providing a previously unstated rationale for fevered efforts by lawmakers this week to expand the president's spying powers.

....

The judge, whose name could not be learned, concluded early this year that the government had overstepped its authority in attempting to broadly monitor communications between two locations overseas that are passed through routing stations in the United States, said two other government sources familiar with the decision.

....

Under the revision the administration is pressing Congress to approve this week, the attorney general would have sole authority to authorize the warrantless surveillance of people "reasonably believed to be outside the United States" and to compel telecommunications carriers to turn over the information in real time or after it has been stored.

Democrats this week offered a proposal that also would expand the government's wiretapping authority but would keep it under FISA court supervision. The authority would expire in six months.

Read more: http://seattletimes.nwsource.com/html/nationworld/2003819342_spying03.html

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This explains the desperation from the WH today. Of course, there's more that we don't know but have well-founded suspicions about.

[Kagemusha]

1. The government keeps sliding towards a 'possible cause' standard.

Instead of 'probable cause'.

[Qutzupalotl]

2. In a related story, Bush thinks he can order congress around.

(Sadly, in too many instances, he's right.)

Bush says Congress must stay in session until it passes new spying law
http://seattletimes.nwsource.com/html/nationworld/2003820002_websurveillance03.html
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2940705

[jimshoes]

3. He might be able to keep them in session

but I don't believe he can force them to pass something they don't want to.

[soothsayer]

4. yes but they're big fat wussies and will dance to the boy king's orders

[atreides1]

5. And they did

They sold the American people down the toilet because they lack the courage and belief in their own agenda.

[Polemicist]

6. Congress needs to get this done....

And revise the FISA laws appropriately and responsibly, mindful of our civil rights, but also mindful of utilizing all the tools available to monitor threats and fight terrorism. Asking Congress to revise FISA is what should have been done originally by the radical Bush Administration, back in late 2001 and early 2002. But Bush/Cheney always tries first to push the envelope of Executive power with the maximum secrecy. So they left Congress out of the loop and did whatever they wanted.

And now, after what appears to be a lot of back stage maneuvering and legal questioning, we are finally going to have Congress, the proper legal authority on this question, address these privacy and technological concerns. Let's not be hasty and accuse Democrats of capitulating. They fought for 6 years to force Bush to submit his spying to Congress for approval. It's a victory just to be at this point.

But we can't accept Gonzales or any other Attorney General as the solitary point person for this program. It must remain with a FISA court and a Federal Judge. The oversight must be outside the Executive branch. Democrats can't cave on that point, no matter the pressure.

[Qutzupalotl]

8. I was trying not to be hasty...

but, you understand, a certain amount of suspicion is warranted under the present circumstances.

We lost a point of leverage in the form of the August recess. I hope we get another. The Iowa caucuses are in less than six months, and having the AG in charge of eavesdropping privacy during the run-up means they can manipulate opinion and pre-empt our initiatives, perhaps even choosing our candidate for us. We MUST impeach Gonzales, and as you say, balance the oversight, well in advance of January, or the nation could be in for eight more years of hiding unspeakable crimes behind the flag.

[farmboxer]

7. Bush does order Congress around and

Congress bows down to him, Bush gets everything he wants whenever he wants it. Most of Congress bows to Bush. I guess they need their vacation and pay raise.