A Spy Program in From the Cold
New York Times editorial
Of the many ways that President Bush has trampled civil liberties and the balance of powers since the 9/11 attacks, one of the most egregious was his decision to order wiretaps of Americans’ international calls and e-mail without court approval. It was good news, then, when the administration announced yesterday that it would now seek a warrant from the proper court for that sort of eavesdropping.
The president’s decision hardly ends this constitutional crisis. Among other things, the public needs to know why Mr. Bush broke the law for more than five years and what should be done to ensure there will be no more abuses of the wiretap statute.
But we’re pleased that Attorney General Alberto Gonzales informed leaders of the Senate Judiciary Committee that Mr. Bush had decided to end the warrantless program. He said the administration had worked out a way to speed the process of getting a warrant from the Foreign Intelligence Surveillance Court to intercept communications to and from the United States “where there is probable cause to believe that one of the communicants is a member or agent of Al Qaeda or an associated terrorist organization.”
He said the court — created by the 1978 law on domestic wiretapping — issued an order on Jan. 10 governing this new process and that eavesdropping under “the terrorist surveillance program” would be subject to the court’s approval. There are still some big unanswered questions. For one thing, because the new warrant process is secret, we don’t know whether the court has issued a blanket approval for wiretapping, which would undermine the intent of the law, or whether the administration agreed to seek individual warrants.
(The rest is here.)
Of the many ways that President Bush has trampled civil liberties and the balance of powers since the 9/11 attacks, one of the most egregious was his decision to order wiretaps of Americans’ international calls and e-mail without court approval. It was good news, then, when the administration announced yesterday that it would now seek a warrant from the proper court for that sort of eavesdropping.
The president’s decision hardly ends this constitutional crisis. Among other things, the public needs to know why Mr. Bush broke the law for more than five years and what should be done to ensure there will be no more abuses of the wiretap statute.
But we’re pleased that Attorney General Alberto Gonzales informed leaders of the Senate Judiciary Committee that Mr. Bush had decided to end the warrantless program. He said the administration had worked out a way to speed the process of getting a warrant from the Foreign Intelligence Surveillance Court to intercept communications to and from the United States “where there is probable cause to believe that one of the communicants is a member or agent of Al Qaeda or an associated terrorist organization.”
He said the court — created by the 1978 law on domestic wiretapping — issued an order on Jan. 10 governing this new process and that eavesdropping under “the terrorist surveillance program” would be subject to the court’s approval. There are still some big unanswered questions. For one thing, because the new warrant process is secret, we don’t know whether the court has issued a blanket approval for wiretapping, which would undermine the intent of the law, or whether the administration agreed to seek individual warrants.
(The rest is here.)
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