Specter wants special court to supervise
surveillance
USA TODAY
By John Diamond, USA TODAY
February 9, 2006
WASHINGTON — A special federal court would be given power to supervise
the Bush administration's warrantless surveillance program under a bill being
written by a key Senate Republican.
Sen. Arlen Specter of Pennsylvania, the chairman of the Senate Judiciary
Committee, said in an interview Wednesday that he wants to "assert Congress'
constitutional authority" while allowing the anti-terrorism program to continue
under court supervision.
Specter said he hopes to work with President Bush on the bill but is trying
to build a bipartisan coalition to override a potential presidential veto.
Bush and Specter haven't discussed the bill, White House spokesman Scott
McClellan said. On Monday, Specter held a Judiciary Committee hearing in which
he and other senators told Attorney General Alberto Gonzales they had doubts
about the program's legality.
"We welcome ideas that they have," McClellan said.
Specter said his proposal would empower the court established by the 1978
Foreign Intelligence Surveillance Act (FISA) to review the National Security
Agency's domestic anti-terrorist surveillance every 45 days to ensure it does
not go beyond limits described by the administration. Currently, Bush himself
reviews the program and signs off on its continuation every 45 days.
The administration has said the program involves at least one party
suspected of membership in al-Qaeda or an allied terrorist group.
The program Bush ordered in the weeks after the 9/11 terrorist attacks is
controversial for three reasons: The administration did not seek explicit
congressional permission, instead briefing eight senior lawmakers from both
parties; the surveillance was done without court-approved warrants; and the NSA
was targeting international calls involving one end in the USA.
Even after the program was disclosed by The New York Times in December,
Specter was not allowed to be fully briefed of its details.
The White House says it has authority under the commander-in-chief clause of
the Constitution to wage war against the nation's enemies, even in the USA, and
that intelligence collection is part of warmaking. And Gonzales has said
Congress authorized the surveillance when it passed a law after the 9/11
attacks authorizing Bush to "use all necessary and appropriate force" against
al-Qaeda.
Specter has said Gonzales' argument "defies logic and plain English."
In the interview, Specter said his proposal relies on an overlooked clause
in Article I of the Constitution empowering Congress "to make rules for the
government and regulation of the land and naval forces."
By giving the FISA court authority over the program, Specter said his
proposal enables Congress to avoid the problem of voting on a spy program it
knows little about. The classified details of the program would be overseen by
a court already privy to highly classified material.
Sen. Edward Kennedy, D-Mass., who led the Judiciary Committee when it
created FISA in 1978, said Bush should follow the model set by the Ford and
Carter administrations in working with Congress.
The White House told Rep. Heather Wilson on Wednesday that it would provide
more detail about the program. Wilson, R-N.M., chairs a subcommittee that
oversees NSA eavesdropping.
c
Here's how the modern republican mind works. The congress passes laws, Bush
breaks them. Then they pass more laws and hope Bush will follow them. What
world do these idiots live in? The only remedy for the lawlessness in the White
House is impeachment and removal from office, not more laws.
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