The controversy over surveillance of communications that originate in the United States by the National Security Agency is yet another example of the dishonesty of the Bush administration. Its response, as exemplified by recent remarks from Bush as well as Condoleeza Rice (quoted below in this excerpt from the NYT dated 19 December) is that this spying program is needed in the war against terrorism. But the real issue is why the administration has decided to violate the Foreign Intelligence Surveillance Act which requires that warrants be obtained first, and which also provides exceptions in emergency cases as also outlined below. The administration knows that it can count on generally poor news reporting and a straight out propaganda approach to obfuscate the issues here. The president does not have absolute power under any circumstances, but that is exactly what Bush is trying to exercise with this spying program.


"Ms. Rice also said Mr. Bush decided to skirt the normal process of obtaining court-approved search warrants for the surveillance because it was too cumbersome for fast-paced counterterrorism investigations, an assertion that some national security experts, members of Congress and civil liberties advocates have challenged.

Under the Foreign Intelligence Surveillance Act of 1978, or FISA, the Federal Bureau of Investigation and the National Security Agency must obtain search warrants from a special court before conducting electronic surveillance of people suspected to be terrorists or spies. Ms. Rice said the administration believed that it needed greater agility in investigating terrorism suspects than was possible through that process.

"These are stateless networks of people who communicate, and communicate in much more fluid ways," she said. But several national security law experts and civil liberties advocates note that government officials are able to get an emergency warrant from the secret court within hours, sometimes minutes, if they can show an imminent threat.

Under "extraordinary" circumstances, the government also can wait 72 hours after beginning wiretaps to get a warrant, but the administration did not seek to do that under the special program, which monitors the international communications of some people inside the United States.

The USA Patriot Act made it easier for the government to get warrants from the court for wiretaps and physical searches, changing the standards in some critical areas.

But the law is specific in banning any searches without warrants on Americans except in extraordinary circumstances, like within 15 days of a formal declaration of war, said David D. Cole, a Georgetown University law professor who specializes in national security law."