FLASHBACK: Director of National Security Agency Misled Congress
FLASHBACK: Director of National Security Agency Misled Congress
Yesterday, ThinkProgress noted that, while under oath during his confirmation hearings, Attorney General Alberto Gonzales misled the Congress about issues related to Bush’s secret domestic spying program.
Gonzales said, “[I]t is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.” In fact, Gonzales had personally authorized the warrantless domestic spying program, which did just that.
Michael Hayden, director of the National Security Agency, also misled Congress. He told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA. From Hayden’s 10/17/02 testimony:
GOSS: OK, my second question, then. General Hayden, you said something about bin Laden coming across the bridge, hypothetical, of course. But I take that to mean that if bin Laden did come there would be capabilities that we have that we can use elsewhere in the world that we cannot use in the United States of America. Is that correct?
HAYDEN: Not so much capabilities, but how agilely we could apply those capabilities. The person inside the United States becomes a U.S. person under the definition provided by the FISA Act.
…GOSS: Well, lets — again, I don’t want to get into details. I’m aware of the public nature of this meeting. But let’s just suppose this sniper [in the United States] is somebody we wanted to catch very badly. Could we apply all our technologies and all our capabilities and all our know how against that person? Or would that person be considered to have protection as an American citizen?
HAYDEN: That person would have protections as what the law defines as a U.S. person. And I would have no authorities to pursue it.
Actually, Hayden was pursuing U.S. persons at the direction of the President outside of the FISA statute.
Extended transcript:
GOSS: OK. Shouldn’t that be job one? And shouldn’t the leaders be listening?
OK, my second question, then. General Hayden, you said something about bin Laden coming across the bridge, hypothetical, of course. But I take that to mean that if bin Laden did come there would be capabilities that we have that we can use elsewhere in the world that we cannot use in the United States of America. Is that correct?
HAYDEN: Not so much capabilities, but how agilely we could apply those capabilities. The person inside the United States becomes a U.S. person under the definition provided by the FISA act.
GOSS: Special protections, according to your testimony.
HAYDEN: Special protections then apply. It is — there are procedural steps that one can identify such a person as the agent of a foreign power. But one’s got to go through those procedural steps.
Now, take that metaphor and apply it to somebody without the persona of Osama bin Laden and you can see the challenge of trying to cover people inside U.S. borders, even if they will us harm.
GOSS: Well, lets — again, I don’t want to get into details. I’m aware of the public nature of this meeting. But let’s just suppose this sniper is somebody we wanted to catch very badly. Could we apply all our technologies and all our capabilities and all our know how against that person? Or would that person be considered to have protection as an American citizen?
HAYDEN: That person would have protections as what the law defines as a U.S. person. And I would have no authorities to pursue it.
GOSS: So the answer is that person has some protections just by being in the United States of America. And if that act were actually taking place overseas, we would be able to bring more to bear to deal with it.
HAYDEN: Absolutely.
GOSS: That’s a fair statement?
HAYDEN: Yes, sir, that’s right.
GOSS: Thank you. I’m not sure everybody in this country understands just how many safeguards we have for American liberties. And I think it’s very important to underscore that. There is a price for it. And we are trying to find the balance and what that price is. I appreciate your answer to the question, General.
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Someone is hacking TP today.
Hmmmm, maybe it’s something bushco ordered w/o getting a warrent. Those Bastards!
December 19th, 2005 at 3:46 pmSomeone needs to bring this up in the larger press (no offense, TP). If these questions were really this specific, this direct, and answered just as TP recounts…well…thats a bald-faced lie, then. Both of them lied. No surprised, however.
December 19th, 2005 at 3:48 pm#1 – Bush needs ThinkProgress to stay in power. He cannot possibly win on issues. He just has to point out as radical, unhinged and anti-American the left is. You guys do a great job at that. Thank you ThinkProgress.
December 19th, 2005 at 4:00 pmLaws passed by congress cannot trump the constitution (what bush’s hack lawyers argue), unless they are constitutional amendments ratified into law. Bush must be impeached, he has committed a high crime!
December 19th, 2005 at 4:00 pm#4 – pretty please. The GOP will send you flowers.
December 19th, 2005 at 4:04 pm#4 is right, from Gonzales’ press conference today:
I might also add that we also believe the President has the inherent authority under the Constitution, as Commander-in-Chief, to engage in this kind of activity.
If the President does it, its legal, therefore everything we do is legal.
December 19th, 2005 at 4:04 pmLet’s have a voice vote on impeachment:
“Should President Bush be impeached for wiretapping suspected terrorists in the days after 9/11 because he used Congress’ authorization as his court approval?”
Senate 100-0. I am sure there are few morons in the House who would take the bait. I want impeachment hearings NOW!
December 19th, 2005 at 4:07 pmTake action!
Call or write, do it now! Demand impeachment hearings. Let your Senators and Reps know that they will not have your vote if they do not begin impeachment hearings immediately.
Share this link with everybody in your address book.
http://www.millionphonemarch.com/impeach.htm
December 19th, 2005 at 4:08 pmPorter Goss: I am not qualified.
December 19th, 2005 at 4:08 pmDo you know how hard it is to not retort to the reichtwingnuts? Real hard. Especially when they are ad dumb as this one.
December 19th, 2005 at 4:12 pm#10 – do you think you could get 10 senators to vote yes before the election, let alone 67! Yes or no? You love to throw invective – back up your claim with a vote. Would Democrats vote on yes on this?
December 19th, 2005 at 4:19 pm#8 Consider it done… here was my meassage
The message is simple. Stop being loyal to party lines, and instead be loyal to your constituency. The Bush Administration is out of control. They’ve admitted to breaking the law, and should therefore be held accountable.
It’s time to choose between their job and your own. Ignoring the problem won’t make it go away any longer. Do your job and stop the President from getting away with criminal acts, no matter how justified he feels he is. He broke the law and violated the Constitution. He’s admitted it. Stand up and do what we sent you to Washington to do – represent the American people and protectthe Constitution.
Impeach Bush!
December 19th, 2005 at 4:26 pm#11, I am an American. I can do what ever I set my mind to. You are a useless speck and irrelevant.
http://www.millionphonemarch.com/impeach.htm
December 19th, 2005 at 4:26 pm#13 – call me when you get just ten Democrats in the senate to back you up. Just ten you pathetic waste of space.
December 19th, 2005 at 4:28 pm#1 – Bush needs ThinkProgress to stay in power. He cannot possibly win on issues. He just has to point out as radical, unhinged and anti-American the left is. You guys do a great job at that. Thank you ThinkProgress.
Comment by Feingold is a Hypocrite
I know it’s embarassing. Try not to point and laugh. Snickering and giggling is OK. Remember, when they get like that, it means you are scaring the crap out of them, and if they tell you you are helping them, they are hurting.
December 19th, 2005 at 4:29 pm#12 Right on unbelievable!
Send the link to everybody you know. The last time I looked, over 10,000 people (in about an hours time) have contacted their Reps and Senators.
Share the link on every blog you visit.
http://www.millionphonemarch.com/impeach.htm
December 19th, 2005 at 4:30 pmI think everyone who feels spying on your own citizens is OK ought to jump on a plane RIGHT NOW and fly to either Israel or Russia to try out the short term effects of living in a non-democracy.
The pResident is very impeachable. But more importantly, someone needs to bag this fool and all his henchmen up and ship them to the Hague.
Enough of this lying, sneaking, cheaping, thieving, spying b****d! Enough already.
The arrogance of telling the world you’re bringing “real” democracy to the Middle East while you create a facist state at home!
December 19th, 2005 at 4:45 pmlying under oath? we got ‘em! impeachments and terminations all around!
December 19th, 2005 at 4:47 pm#14
You people seem to forget that Bush actually lost the 2000 election, and then stole the 2004 election by 51%. You are not the extremem majority you claim tobe. And I’ve met many moderates who are now ashamed that they bought the fear mongering of Karl Rove and voted for Bush.
And then there were the 400 Republicans who showed up to protest the anti-War rally in D.C. to counter hundreds of thousands of Progressives.
December 19th, 2005 at 4:47 pmThank you Susan
December 19th, 2005 at 4:48 pm#16
Will do – that’s great news! Keep up the great work!
December 19th, 2005 at 4:48 pmThe question needs to be asked of the W.H. Was journalists,Congress Members and Senators being wiretapped?
What bushco has done is once again severley damaged our Consitution ,when are we going to stopped these bas$$$$tds?
bush this morning echo the words Dicatorship yeah mr a–hole we are in your dicatorship and we want to throw you in Leavenworth for life…..
December 19th, 2005 at 4:51 pmNow that the defense that bush supporters are throwing up is “either you support the president or you support the terrorists”, I submit the following rebuttal:
Since we currently define terrorists as those that are killing innocent people in an effort to instill fear so as to derail freedom, liberty, and democracy, then bush and his administration are the most vile and dangerous terrorists there are.
Proof:
- 100,000s dead and falsely/wrongly accused Iraqis.
- Torture
- Kidnapping (currently renamed “rendition”)
- Ignoring the law and removing the liberties of US Citizens
These are facts and have been openly verified by the bush administration. Therefore bush and his administration are the terrorists. Anyone who supports them supports terrorism.
For the trolls:
Feel free to argue/discuss these facts with me. But, if all you want to do is call me a traitor, read first the Declaration of Independence, the Bill of Rights, and the full Constitution of the United States of America. Then, based upon what’s in those documents, cite specifically what would make me a traitor.
And if you want to call me a coward, you are free to do so to my face. If you dare.
December 19th, 2005 at 4:51 pmSchweet! Say good-bye to the 2nd Amendment, winger trolls. And you never saw it coming. Some did. But not you. Irony. Wingers have always been irony impaired.
December 19th, 2005 at 4:51 pmOh yeah, Rove’s getting indicted,
December 19th, 2005 at 4:52 pmFeingold is a Hypocrite, idiot that he is, does not seem to do much reading or watching non-Fox news. Lindsay Graham, that noted liberal (NOT), is one of the ones crying foul on this one. When a right-winger like Graham ( a lawyer, btw) is pissed and “concerned”, then Bush better watch it.
December 19th, 2005 at 4:54 pmBush confessed to crimes on National Radio — Mirandize and book him.
Here’s George Walker Bush’s confession:
http://www.nytimes.com/2005/12/17/politics/17text-bush.html
Here’s the law:
http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html
http://www.fas.org/irp/agency/doj/fisa
Here’s the Fourth Amendment to the Constitution of the United States of America:
http://caselaw.lp.findlaw.com/data/constitution/amendment04
Cut the claptrap, yammer-yamering and Mirandize and book him ….
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104×5621982
NO ONE IS ABOVE THE LAW IN AMERICA.
Peace,
December 19th, 2005 at 4:56 pmUL
US votes against anti-nazi resolution. Considering republicans are really rebranded Nazis – there’s no surprise here…
http://www.rbcnews.com/free/20051219190332.shtml
December 19th, 2005 at 4:56 pm#3 You don’t sound very sincere. Nice try though.
December 19th, 2005 at 4:57 pmRepublicans who are up for re-election soon are very concerned that BushCo has sunk their political ship. What do they, Replublicans, have to show for 6 years running a formerly free democratic nation?
- Lying about nuclear capability
- Lying about WMD worldwide
- Treason by “outting” a CIA undercover officer who worked on the topic of WMD
- Invading an unarmed nation (Iraq)
- Killing 100,000’s of innocent people (some might say collateral damage)
- Failing to capture and bring to justice the purported ringmaster of the events of 9/11
- Failing to respond to the helpless homeless of New Orleans after Katrina
- Spying on citizens within the borders of the US
Yes, with this kind of track record, the Republicans are concerned. As well they should be.
No amount of AM TalkRadio Spin will save these cowards.
December 19th, 2005 at 5:01 pmKeep calling and writing.
We The People will prevail.
Thanks to all, share the link.
I just heard that a Senator in GA (I think, I got too excited to recall) is saying he supports impeachment!
December 19th, 2005 at 5:05 pmhttp://www.millionphonemarch.com/impeach.htm
Congressman calls for Bush impeachment
The Associated Press – ATLANTA
U.S. Rep. John Lewis said Monday in a radio interview that President Bush should be impeached if he broke the law in authorizing spying on Americans.
The Democratic senator from Georgia told WAOK-AM he would sign a bill of impeachment if one was drawn up and that the House of Representatives should consider such a move.
Lewis is among several Democrats who have voiced discontent with Sunday night’s television speech, where Bush asked Americans to continue to support the Iraq War. Lewis is the first major House figure to suggest impeaching Bush.
“Its a very serious charge, but he violated the law,” said Lewis, a former civil rights leader. “The president should abide by the law. He deliberately, systematically violated the law. He is not King, he is president.”
December 19th, 2005 at 5:07 pmOnly Diebold can save ‘em now.
December 19th, 2005 at 5:07 pmRepublicans best get more of those Diebold machines in place before the 2006 mid-terms. It’s really going to be a tough election to steal this time. But steal it they must…because we are way past petty crimes. We’re deep into high crimes, subversion of the constitution, and treason.
If, by some chance we do manage to retake Congress, any thoughts on what country Bush will be escaping to? I’m thinking Paraguay or Uraguay. I don’t think they have extradition treaties with the US, do they? If not there, probably the House of Saud can put them up in the bin Laden wing.
December 19th, 2005 at 5:08 pmGood-Bye Karl!
December 19th, 2005 at 5:08 pm#32 Thanks Disarmed, It’s a start, lets keep up the pressure.
December 19th, 2005 at 5:09 pm#31 So my email worked! :) Just kidding…
December 19th, 2005 at 5:10 pm#35, Good-Bye Karl!
I think Luskin (Rove’s attorney) is going down too.
He obviously helped Rove destroy evidence.
December 19th, 2005 at 5:23 pm#30, you forgot to mention using chemical weapons on the Iraqi people (you know, the same ones carlyle group and rummy sold to Saddam and now have him on trial for) … I think it is called MK77.
Also, dumbya’s grand pappy lived in Germany in 1940’s and managed a steel mill staffed with slave labor… well, until October of 1942 when they got their tit in a wringer for violation of trading with the enemy act.
dumbya has an extended family history with nazis. Therefore they are nazis.
CHIMPEACH NOW! TRY THE CHIMP FOR WAR CRIMES!!!!
He is NOT king, only a simple little idiot boy that got a case of the hots for Iraq because their leader threatened his daddy…..
Is it me, or is the 9/11 thing a whole lot like the “Operation Northwoods” (see wikipedia) MacNamara killed off, only dusted off and used 40 years later?
December 19th, 2005 at 5:23 pm#34, george-the-smarter helped many Nazi war criminals escape (see “Operation Paper Clip”)to places like Argentina, Chile, and other lovely places, so I am quite sure they would have some contacts with fellow war criminals in these places.
December 19th, 2005 at 5:26 pmSunset Bush
December 19, 2005
On Saturday (Dec. 17), President Bush admitted that he authorized those warrantless (remember that word) surveillances, spying on more than three dozen times since late 2001. That trashing the 4th Amendment, which forbids unreasonable searches and probable cause; therefore violating The Foreign Intelligence Surveillance Act (FISA). Bush could have the right to use FISA only by notifying Congress first by expanding it—which he didn’t. And there’s Cheney’s fat lie saying that if this surveillance program was in placed earlier 9/11 wouldn’t have happen, which is total bunk. From 1979 to 2002, the FISA court issued 15,264 surveillance warrants and not a single warrant was rejected WHILE CHENY WAS DODGING WARNINGS THAT BIN-LADEN WAS COMING AFTER US! Another fib that’s making the rounds is that Bush needed to skirt the normal process of getting court-approved search warrants for the surveillance because it was too slow for the fast-paced counterterrorism investigations. More bunk since the government was able to get an emergency warrant from the secret court within an hours or just minutes. But more to the point: under Section 1805 of FISA Bush could have began wiretapping as soon as it determines a need and can wait up to 72 hours before obtaining a warrant and Bush didn’t bother with that under the existing special program. Our president’s boat is slowing sinking into the sunset with Bush in it.
December 19th, 2005 at 5:27 pmDream on impeachniks.
The legality of Bush’s acts can be demonstrated with a look through the Foreign Intelligence Surveillance Act (FISA). For example, check out section 1802, “Electronic Surveillance Authorization Without Court Order.” It is most instructive. There you will learn that “Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year”.
Naturally, there are conditions. For example, the surveillance must be aimed at “the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers.” Is a terrorist group considered a foreign power? Yes, as defined in section 1801, subsection (a), “foreign power” can mean “a group engaged in international terrorism or activities in preparation therefore,” though the statue language would explicitly apply to “a faction of a foreign nation or nations.”
Bush did nothing wrong (in this case).
December 19th, 2005 at 5:51 pmcynicon implant,
So you admit bush can be impeached, since he’s been spying for longer than a year?
And I suggest you read the 1802 carefully, because those provisions are only valid if the people involved are not american citizens.
American Citizens require a court order, as prescribed by the 4th amendment of the constitution.
Bush apparently spied on americans, thereby creating an impeachable offense.
You clearly know as little about the law, as you do about politics – and that explains why you’re such a racist nazi.
December 19th, 2005 at 6:52 pmHere SiliconeBoob, let me help you out, since retardation seems to be the most common trait among republican fascist nazis.
Notice that US Persons restricts surveillance so that citizens do not fall under this category. FYI, the text below comes from the congressional review of 1802 that went into the patriot act legislation summary. Congress disagrees with you, as does the law.
50 U.S.C. § 1802 allows the Attorney General to authorize electronic surveillance for up to a year, without the FISA Court’s prior approval, in two narrow circumstances: (1) if the surveillance is are directed solely at communications between foreign powers; or (2) if the surveillance is directed solely at the acquisition of technical intelligence, other than spoken communications, from property under the exclusive control of a foreign power. In addition, the Attorney General must certify that there is no substantial likelihood that such surveillance will acquire the communications of U.S. persons. (In essence, § 1802 authorizes the surveillance of communications between foreign governments, and between a foreign government and its embassy.) Section 1802 is of limited use, however, because it explicitly prohibits efforts to acquire spoken communications. (No such limitation exists in the parallel exception for physical searches, 50 U.S.C. § 1822(a), under which agents presumably could infiltrate a foreign power’s property for the purpose of overhearing conversations.) This provision would enhance the presidential authorization exception by eliminating the requirement that electronic surveillance cannot be directed at the spoken communications of foreign powers.
December 19th, 2005 at 6:56 pmAmazes me how the Bushbots here can dance on the pin of legal language when their President is breaking the law that effects all 300MM of us, but have no problem impeaching a President whose actions effect none of us.
The good news is that the Right Wingnuts have accepted every possible abuse of Presidential power…I’m sure they understand when a Democratic President establishes a Truth Commission and uses torture to get Republicans to sign confessions of their criminal and treasonous actions over the past decade or so.
December 19th, 2005 at 7:13 pmNO PROBLEM WITH ME
SINCERELY,
HENRY KISSINGER.
“A leaks-obsessed Kissinger, when he served as Nixon’s national security adviser, wiretapped his own staff. (One of his targets, Morton Halperin, sued and eventually won an apology.) ”
http://www.alternet.org/story/14659/
Rumsfeld caught dining with Kissinger Raw Story | December 12 2005
“Defense Secretary Donald Rumsfeld and erstwhile Nixon Secretary of State and Vietnam War architect Henry Kissinger were caught dining together last Thursday at Washington’s Bistro Bis, ROLL CALL reports Monday.”
http://www.prisonplanet.com/articles/december2005/121205rumsfeldcaught.htm
December 19th, 2005 at 7:28 pmMichael Hayden’s testimony is from 2002, not 2005
December 19th, 2005 at 7:30 pmBoxer floats impeachment after former White Housel counsel John Dean — made famous by his role in revealing the Watergate tapes — asserted that President Bush had ‘admitted’ to an ‘impeachable offense.’.
http://rawstory.com/news/2005/Senator_says_shes_asked_for_opinions_1219.html
December 19th, 2005 at 7:51 pmThese people are chronic, practiced liars. Everyday they do something more unconstitutional than the day before. They’ve got to go.
December 19th, 2005 at 10:05 pmHey gang,
Let’s all give it a rest. We’ve got so many smoking guns against the incompetence, corruption, malfeasance, and treason of the Bushites my asthma is flaring. The question is how do we purge our country of these bastards and witches (I’m such a gentleman).
Daily Kos has a poster who has a GREAT idea, just put up fliers, posters, wear t-shirts any visual aids we can utilize with (in big bold letters ) the word “IMPEACH!”, nothing else.
I think that’s a good starter before ‘06.
December 20th, 2005 at 9:00 amYou get what you pay for, but it’s also interesting to note and almost impossible to ignore Mormon prophecies concerning the USA which apparently was established for the purpose of liberty and freedom and if the people should deny the spirit of their God in the last days then the nations of the Lamanites (South America) will rise up against them in the last days and will be a thorn in their side which shall bring them to rememberance of the purpose of this land. Deny the existance thereof and ye shall be swept off the face of the land.
Also intersting to note that the Babylonians concerned them selves with rules and regulations while the Sumerians concerned themselves with liberty and freedoms and had Kings or Judges to ensure that what was available to the rich was also afforable to the poor as well. And we call ourselves civilized and free?
December 20th, 2005 at 12:01 pmit is time to impeach and throw the bastards in jail.
December 20th, 2005 at 9:26 pm[...] As Think Progress documented back in December, Hayden misled Congress. In his 10/17/02 testimony, he told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA. [...]
January 26th, 2006 at 12:41 pm[...] by Morton Halperin Think Progress ….As Think Progress documented back in December, Hayden misled Congress. In his 10/17/02 testimony, he told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA. [...]
January 27th, 2006 at 9:44 am[...] In addition to Gonzales, former NSA director Michael Hayden and President Bush also made false statements relating to warrantless domestic surveillance. [...]
January 31st, 2006 at 11:54 amFolks, remember one thing, in spite of all the legal tap dancing, all the bluster and blare, and all the conflated stories, the main object of the domestic spying was to garner political information on opposition candidates, and to enforce loyalty through fear upon staff and Pubbies who might decide to think “independently” rather than toeing the party line.
Aquiesense to this by less Fascistic Republicans has to be quite humiliating.
As for National Security, when has Bush and his gang shown any real interest in this matter? So, if the NSA bungle was of no apparent use in stopping terrorists here, at home, and the Corporatist Media bear this out, then what is the purpose beyond political espionage/sabotage? there is no other reason that is rational or even believable.
January 31st, 2006 at 1:06 pm[...] As Think Progress has noted before, Gen. Hayden misled Congress in 2002 while testifying before a hearing on the September 11th attacks. In fact, Gen. Hayden misled the very man he is expected to succeed. GOSS: OK, my second question, then. General Hayden, you said something about bin Laden coming across the bridge, hypothetical, of course. But I take that to mean that if bin Laden did come there would be capabilities that we have that we can use elsewhere in the world that we cannot use in the United States of America. Is that correct? [...]
May 6th, 2006 at 9:01 amChronic Asthma
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