A secret ruling by a federal judge has restricted the U.S. intelligence community's surveillance of suspected terrorists overseas and prompted the Bush administration's current push for "emergency" legislation to expand its wiretapping powers, according to a leading congressman and a legal source who has been briefed on the matter.
The order by a judge on the top-secret Foreign Intelligence Surveillance Act court has never been publicly acknowledged by administration officials—and the details of it (including the identity of the judge who wrote it) remain highly classified. But the judge, in an order several months ago, apparently concluded that the administration had overstepped its legal authorities in conducting warrantless eavesdropping even under the scaled-back surveillance program that the White House first agreed to permit the FISA court to review earlier this year, said one lawyer who has been briefed on the order but who asked not to be publicly identified because of its sensitivity.
Congressional aides (who asked not to be identified talking about ongoing negotiations) said today that Democratic and Republican leaders of the intelligence committees met until late Tuesday night trying to reach an agreement on a short-term measure that would grant some of the enhanced authority—including the ability to tap telecommunications switches without warrants—that the administration is seeking. One stumbling block that has emerged: the administration's insistence that Attorney General Alberto Gonzales be given an expanded role to oversee the program—a particularly controversial move at the moment, given new allegations that the embattled attorney general has misled Congress about legal disputes over the surveillance program.
Politics aside, whether one believes Gonzales is guilty of impropriety, or just caught in a political game, it is obvious he is rather occupied fighting for his job at the moment. Should his role be expanded right now to handle overseeing a highly sensitive and important surveillance program?
According to this report, despite past concerns regarding the legality of the way the President worked around the FISA system, the Democrats are willing to provide Bush limited latitude to legally work around the system in this case. But remarkably he won't accept their willingness to work around FISA unless Gonzales heads the program!
This, while even some senior Republicans are questioning Gonzales's leadership! What the hell? It's difficult to find even the usual weak Administration rationale in this.
Not to mention the obvious concern of the President employing another surveillance program, this one which was explicitly restricted by a FISA judge.
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