Subpoenas issued on NSA warrantless-search program

We probably all owe a debt of thanks to former Deputy Attorney General James Comey, and not just because of his career of public service.

About a month ago, Comey’s startling testimony reignited interest in Bush’s warrantless wiretap program and added key details — such as the fact that he and dozens of other Justice Department officials were so convinced of the program’s illegality that they were prepared to resign over it.

His revelations, thankfully, reminded the political establishment not only of serious White House wrongdoing, but also of just how little we know about the extent to which the administration broke the law. These questions came up years ago, when the NSA warrantless-search program was first revealed, but Republicans don’t believe in oversight of Republican presidents, so the questions remained unanswered.

Fortunately, times have changed.

The Senate Judiciary Committee just voted 13-3 to authorize chairman Patrick Leahy (D-VT) to issue subpoenas for documents related to the NSA warrantless surveillance program. Sens. Arlen Specter (R-PA), Orrin Hatch (R-UT) and Chuck Grassley (R-IA) voted with the Democrats on the committee to authorize the subpoenas for any legal opinions and advice the Bush administration has received regarding the NSA program.

The Center on Democracy & Technology has released a list of the seven “most wanted surveillance documents.” See the full list here.

The confrontation over the documents “could set the stage for a constitutional showdown over the separation of powers.” The Senate Judiciary Committee had previously scheduled to authorize subpoenas last week, but Sen. Jon Kyl (R-AZ) blocked the Judiciary Committee from voting on the subpoenas.

By any reasonable measure, the administration practically dared Leahy to act. Today’s vote was inevitable — and bound to shake things up a bit.

The Senate Judiciary Committee asked for materials nine times, and nine times the administration stonewalled. It’s much harder to stonewall a subpoena.

From Leahy’s office (written shortly before the subpoena vote):

This stonewalling is unacceptable and it must end. If the Administration will not carry out its responsibility to provide information to this Committee without a subpoena, we will issue one. If we do not, we are letting this Administration decide whether and how the Congress will do its job. The Judiciary Committee is charged with overseeing and legislating on constitutional protections and the civil liberties of Americans, and the warrantless electronic surveillance program directly impacts these responsibilities.

Instead of responses, our attempts to get straight answers from the Administration have met with stubborn refusals of our legitimate oversight requests. This is information we need, we should have, and whose production is long overdue. We are asking not for intimate operational details but for the legal justifications and analysis underlying these programs that affect the rights of every American. […]

Why has this Administration been so steadfast in its refusal? Deputy Attorney General Comey’s account suggests that some of these documents would reveal an Administration perfectly willing to ignore the law. Is that what they are hiding?

Whatever the reason for the stonewalling, this Committee has stumbled in the dark for too long, attempting to do its job without the information it needs. We need this information to carry out our responsibilities under the Constitution. Unfortunately, it has become clear that we will not get it without a subpoena.

Stay tuned.

By any reasonable measure, the administration practically dared Leahy to act. Today’s vote was inevitable — and bound to shake things up a bit.

you are far more optimistic than i.

  • Unfortunately the administration is most certainly going to ensure we don’t get the information without a court ruling as well, maybe even a Supreme Court ruling.

    Can they do that?

  • The Senate Judiciary Committee asked for materials nine times, and nine times the administration stonewalled.

    What, we’re not going to ask them nine more times? This is bordering on criminal negligence… by the Dems.

    If they stonewall any more, IMPEACH THEM.

  • No one in the press wants to publicly speculate what the specific issue was. I am willing to bet that they either wanted to or actually wiretapped the Democratic presidential contenders under the ruse that they were plotting to “overthrow the government”.

  • NINE TIMES! What!!? Such respect they show for the Constitution and it’s rules about CO-EQUAL branches of government.

    Now let’s see. What was that talk about those who hate America and all it stands for, including it’s Constitution?

  • From the Top:

    General Michael V. Hayden (Air Force) was director of the NSA on 9/11, which is to say that on 9/2, when the NSA had intercepts of the 9/11 plotters plotting away but which the NSA did not translate from Arabic in time for us to stop the attacks (because all the translators where homosexuals who just HAD to be driven out of the military). Thus, Mike had egg on his face, and to cover his butt, he came up with the warrantless wiretapping program. Which works something like this (from all I can learn from media reports). They have a bunch of overseas numbers they got from al Qaeda computers. Everytime someone calls one or those numbers (they probably have added more since) it generates a tip that the NSA passes to the FBI to investigate. Now again (from media reports) we are told that they have generated thousands of tips, of which less than one percent have turned up anything, and every one of which has been shown to involve people the FBI is already investigating (following legal methods).

    So, in short, the program has less than a 1% effectiveness. This, the FISA judges have declared (again from media reports), is not REASONABLE. According to tha language of the 4th Amendment, which was passed after the basic articles of the Constitution specifically to restrict the powers of the Executive EVEN IN TIMES OF WAR (which after all was the circumstances of George III’s abuse of warrantless searches against which this amendment is written), the Executive does not get to search without a warrant and does not get a warrant unless the search would be reasonable. Since it is not reasonable to search with a 1% expectation of success, the searches can not be warranted, as they can not be warranted they are not constitutional, as they are not constitutional they are illegal (there being laws implementing how the Executive can search using wiretaps, i.e., FISA).

    A couple of notes on Mike.
    After leaving as DIRNSA (pronounced dern-sa), he became the Deputy Director of National Intelligence.
    After leaving as DDNI, he became Director of the CIA (his current position).
    As Director of the CIA he gave Senate Democrats the statement that Valerie Plame was indeed a Covert Agent when outed by Armitage, Rove and Libby, for which he was libeled by Robert Novak as “too close to the Democrats”.

    Imagine that, the man who created the Warrantless Wiretapping Program is “too close to the Democrats”. A sense of the Ironic is something that wingnut pundits must lack as a job requirement.

  • Hey lance *********** This is supposed to be what Comey and others were ready to resign over? THIS is what Ashcroft wouldn’t sign off on, which was supposed to be affecting millions of Americans?
    Something is missing, right?

  • btw….Now that the committee has agreed they can issue subpoenas, how long will it be before they actually do?

    Also, it is extremely naive to think this administration will ever turn over anything to anybody that would incriminate them.
    Any incriminating evidence will have to come from an outside source. With Bush et al even whistle blowers are retaliated against so far. Is it possible with a subpoena to just go and confiscate or seize needed reports? Catch them unaware so to speak, like what I wished they would do with the RNC files. Just saying…

  • bjobotts, I know of nothing ever published that suggested that the Warrantless Wiretapping Program has “affected” millions of Americans.

    Now Security Letters….

  • Sens. Arlen Specter (R-PA), Orrin Hatch (R-UT) and Chuck Grassley (R-IA) voted with the Democrats

    I had to check that I wasn’t dreaming. Orrin Hatch voted with the Democrats on this one. What gives? Remember this? From Glenn Greenwald

    In that same point, Digby cites a quote from Hatch where he claims — as he has done several times since the NSA scandal began — that FISA is clearly unconstitutional because Congress has no right to limit the President’s eavesdropping activities:

    “It would be unconstitutional for the Congress to say, ‘You have to go through the FISA court.’ We could pass a law that says, ‘We want you to go through the FISA court,’ and I think the president would probably try to live with that. The problem is, you cannot do what they’ve been doing to protect us through the current FISA statute.”

    That FISA is an unconstitutional encroachment on the President’s authority is an interesting opinion for Hatch to voice. When FISA was enacted in 1978, the Senate approved that legislation by a vote of 95-1. Although the roll call vote appears not to be online, someone working with me on my book telephoned Hatch’s office this week to confirm that he voted for FISA. He did. (He also voted to amend FISA and modify the criminal restrictions imposed by Congress on the President’s eavesdropping activities in 2001, when the Senate voted to enact the PATRIOT Act).

    What happened?

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