Padding the fascism count

Bush Approved Eavesdropping, Official Says

President Bush has personally authorized a secretive eavesdropping program in the United States more than three dozen times since October 2001, a senior intelligence official said Friday night.

The disclosure follows angry demands by lawmakers earlier in the day for congressional inquiries into whether the monitoring by the highly secretive National Security Agency violated civil liberties.

"There is no doubt that this is inappropriate," declared Republican Sen. Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee. He promised hearings early next year.

Bush on Friday refused to discuss whether he had authorized such domestic spying without obtaining warrants from a court, saying that to comment would tie his hands in fighting terrorists.

In a broad defense of the program put forward hours later, however, a senior intelligence official told The Associated Press that the eavesdropping was narrowly designed to go after possible terrorist threats in the United States.

The official said that, since October 2001, the program has been renewed more than three dozen times. Each time, the White House counsel and the attorney general certified the lawfulness of the program, the official said. Bush then signed the authorizations.
...
The surveillance, disclosed in Friday's New York Times, is said to allow the agency to monitor international calls and e-mail messages of people inside the United States. But the paper said the agency would still seek warrants to snoop on purely domestic communications — for example, Americans' calls between New York and California.
...
Some intelligence experts who believe in broad presidential power argued that Bush would have the authority to order these searches without warrants under the Constitution.

In a case unrelated to the NSA's domestic eavesdropping, the administration has argued that the president has vast authority to order intelligence surveillance without warrants "of foreign powers or their agents."

"Congress cannot by statute extinguish that constitutional authority," the Justice Department said in a 2002 legal filing with the Foreign Intelligence Surveillance Court of Review.

Other intelligence veterans found difficulty with the program in light of the 1978 Foreign Intelligence Surveillance Act, passed after the intelligence community came under fire for spying on Americans. That law gives government — with approval from a secretive U.S. court — the authority to conduct covert wiretaps and surveillance of suspected terrorists and spies.

I guess I need to update my list.