Think Progress

Upholding the Constitution is a bipartisan cause.»

Rep. Heather Wilson (R-NM), “whose subcommittee oversees the National Security Agency broke ranks with the White House on Tuesday and called for a full Congressional inquiry into the Bush administration’s domestic eavesdropping program. … By withholding information about its operations from many lawmakers, she said, the administration has deepened her apprehension about whom the agency is monitoring and why.”




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38 Responses to “Upholding the Constitution is a bipartisan cause.”

  1. hardass Says:

    HOW NICE , WILL THIS BE THE FIRST TOWARD IMPEACHMENT ?


  2. mparker Says:

    I’ll see it before I believe it.


  3. california_reality_check Says:

    I’m still shell shocked. Must be a dream.


  4. california_reality_check Says:

    I don’t trust any of the thugs. Not one.


  5. For Truth Says:

    The Church fires are of Rovian design, more to come, wait and see.


  6. Bandar Bush Says:

    Drip…drip…drip…


  7. Neal Says:

    We’ll see if she follows through before Rove reels her in……

    On a side note: The adminstrations reaction to the exposure of this program is highly highly suspicious (i.e. unwilling to work with congress, unwilling to stop the program, aggressive propaganda campaigning, etc.) I really do think there is something in the program their trying to hide. I wouldn’t be suprised that we find out in the coming weeks that the program was used to spy on political enemies.


  8. Clif Says:

    #8 Or political allies to keep them in line, blackmail is so political


  9. Don Says:

    Any inquiry should be extended to cover the DOD and the FBI and their surveillance of anti-war groups and demonstrations.


  10. mr ho Says:

    mr ho says congratulations Senator.

    perhaps the old guard fiscal conservatives have arrived….
    cause ol george is quacking like a duck.


  11. AvengingAngel Says:

    Heather Wilson was also one of the few Congressional Republicans to return contributions from To Delay’s ARMPAC.

    “We already returned all $10,000 after the indictment,” Wilson said. “It was a personal decision on my part.”


  12. eisenreich Says:

    Off-topic: Did anyone else just hear Brit Hume say “This is self-censorship” right as they were going to commercial and he must have thought his mic was cut? Not sure what the story was about, just wondering if I was hearing things..


  13. Five of Diamonds Says:

    They sat idly by as Bush drummed his way into this unjust and illegal war. They parroted talkig points as corruption, incompetence, and malfeasance snowball at a record pace.

    Now, as their reelection approaches, they torch the liability that they once so closely embraced.

    Cowards.

    I strongly urge against placing too much confidence in these sudden attacks of conscience. They know the polls.


  14. Spudge_Boy Says:

    Okay, how many Senators does it take to start a Congressional Inquiry? One? Or like more than half?

    Looking.


  15. Marie Says:

    Did anyone read Feingold’s speech today on the Senate floor? It’s available on Raw Story.com.
    Perhaps his words will embarrass a fewe others to stand up and fight for what is right.


  16. AckSyn JAckSyn Says:

    http://www.americasupportsyou.mil/ americasupportsyou/ states.aspx

    Public Military Support and Support letters and stories


  17. purvis ames Says:

    Wilson is a Repug stalking horse for all her fellow party members who have to run next November. They’re clearly not going to ride in on Boy George’s coat-tails.


  18. Spudge_Boy Says:

    Marie,

    I just finished reading Fiengold’s Speech. Wow!

    This is a little long, but I went and got all of the sources, because this is something important that Russ pointed out.

    There was a second occasion that Bush asured the nation that he was getting court orders for his wiretaps.

    Raw Story
    Febraury 7, 2006
    Amidst flurry of Bush attacks, Feingold hits Congress wiretaps: ‘Congress has lost its way’

    Besides the already popular:

    White House
    April 20, 2004
    President Bush: Information Sharing, Patriot Act Vital to Homeland Security

    Here’s what the President said on April 20, 2004: “Now, by the way, any time you hear the United States government talking about wiretap, it requires – a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so.”

    Feingold gave us a new one:

    And again, on July 14, 2004: “The government can’t move on wiretaps or roving wiretaps without getting a court order.”

    I went and got the whole thing for ya.

    White House
    July 14, 2004
    President’s Remarks at Ask President Bush Event

    Q — coming next year. And I find that an important tool for protecting America. And in Wisconsin here, we have Senator Russ Feingold, as you’re aware, the only Senator to vote against the Patriot Act. Wondering if you can tell us all here the importance of the Patriot Act and what we can do to help get that renewed.

    THE PRESIDENT: Let me — that’s a great question. A couple of things that are very important for you to understand about the Patriot Act. First of all, any action that takes place by law enforcement requires a court order. In other words, the government can’t move on wiretaps or roving wiretaps without getting a court order.

    Now, we’ve used things like roving wiretaps on drug dealers before. Roving wiretaps mean you change your cell phone. And yet, we weren’t able to use roving wiretaps on terrorists. And so what the Patriot Act said is let’s give our law enforcement the tools necessary, without abridging the Constitution of the United States, the tools necessary to defend America.

    Yesterday in his unsworn in “testimony” Alberto Gonzales said that when Bush was talking about getting court orders, he meant roving wiretaps only.

    Washington Post
    February 6, 2006
    U.S. Senate Judiciary Committee Holds a Hearing on Wartime Executive Power and the National Security Agency’s Surveillance Authority

    FEINSTEIN: Thanks very much, Mr. Chairman.

    I’d like to make clear that, for me, at least, this hearing isn’t about whether our nation should aggressively combat terrorism; I think we all agree on that. And it’s not about whether we should use sophisticated electronic surveillance to learn about terrorist plans and intentions and capabilities; we all agree on that. And it’s not about whether we should use those techniques inside the United States to guard against attacks; we all agree on that.

    But this administration is effectively saying, and the attorney general has said it today, it doesn’t have to follow the law.

    And this, Mr. Attorney General, I believe, is a very slippery slope. It’s fraught with consequences.

    The Intelligence Committees have not been briefed on the scope and nature of the program. They have not been able to explore what is a link or an affiliate to Al Qaida or what minimization procedures are in place. We know nothing about the program other than what we read in the newspapers.

    And so it comes with huge shock, as Senator Leahy said, that the president of the United States in Buffalo, New York, in 2004, would say, and I quote, “Any time you hear the United States government talking about wiretap, it requires — a wiretap requires a court order. Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so.”

    Mr. Attorney General, in light of what you and the president have said in the past month, this statement appears to be false. Do you agree?

    GONZALES: No, I don’t, Senator. In fact, I take great issue with your suggestion that somehow that president of the United States was not being totally forthcoming with the American people.

    I have his statement, and in the sentence immediately before what you’re talking about, he said — he was referring to roving wiretaps.

    And so I think anyone…

    FEINSTEIN: So you’re saying that statement only relates to roving wiretaps, is that correct?

    GONZALES: Senator, that discussion was about the Patriot Act. And right before he uttered those words that you’re referring to, he said, “Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talk about wiretaps, it requires — a wiretap requires a court order.”

    GONZALES: So, as you know, the president is not a lawyer, but this was a discussion about the Patriot Act, this was a discussion about roving wiretaps. And I think some people are trying to take part of his statement out of context, and I think that’s unfair.

    FEINSTEIN: OK, fair enough. Let me move along.

    Clearly, the new quote that I have provided here states “In other words, the government can’t move on wiretaps or roving wiretaps without getting a court order.”

    Busted!

    This would be why he wasn’t sworn in. He just lied.


  19. Spudge_Boy Says:

    I forgot the ultimate piece in Russ Fiengold’s speech.

    And listen to what the President said on June 9, 2005: “Law enforcement officers need a federal judge’s permission to wiretap a foreign terrorist’s phone, a federal judge’s permission to track his calls, or a federal judge’s permission to search his property. Officers must meet strict standards to use any of these tools. And these standards are fully consistent with the Constitution of the U.S.”

    This is some very increminating stuff. Russ Feingold is the man.


  20. Monica Says:

    Excellent reporting spudge_boy, you should be working for the MSM. If they ever decide to hire you, maybe you could talk about the 9-11 discrepencies and how much they relate to everything this administration does in order to “protect us”.

    http://www.scholarsfor911truth.org/PressRelease30Jan2006.html


  21. purvis ames Says:

    Chewing on the fine points of Bushian mendacity is strictly tail chasing time. We are living under a fascist dictatorship that will make its full intentions clear as soon as Cheney’s concentration camps ($400 million taxpayer dollars working for you!) are up and running. Placing your faith in running dogs like Fitzgerald and Feingold is ludicrous. Time to start looking at the larger picture.


  22. dano347 Says:

    From the NYT:
    George C. Deutsch, the young presidential appointee at NASA who told public affairs workers to limit reporters’ access to a top climate scientist and told a Web designer to add the word “theory” at every mention of the Big Bang, resigned yesterday, agency officials said.

    Ratted out by other members of the Texas A&M student newspaper? What were they thinking? Don’t they know a journalist’s first duty is to cover for the administration?
    They’re not going to go very far in today’s “new” media.


  23. richb Says:

    as a Republican, reading Senator Feingold’s speech was chilling.

    kudos to Mr. Feingold for getting it right and backing it up factually…that’s the kind of argument I like.


  24. thot's n TN Says:

    Rep.Heather Wilson Needs Thank You’s from all of us in the blogsphere . Everyone who has spoken out against this Adminstration anti-Constiutional Tactics needs to know that we as American Citizens will not allow a runaway drunken ego driven insecure adminstration turn us into a controlled state of dispair ,no hope for our children,serfdom..


  25. Anti Warhol Says:

    Don’t get too excited about this. Wilson is trailing slightly in the polls in her district, which is leaning Democratic, and seems to be a competitive race.

    She’ll put on a dog and pony show, but in the end it won’t accomplish anything but to gain some goodwill with independent voters. I’ll put money on it.


  26. Wayne A. Schneider Says:

    #31 I agree. She’s in a very tight political race and she wants to win over people.

    Folks, this is a Republican-controlled House of (Corporate) Representatives. There is no way in hell that anything will come of this as long as Karl Rove is in the White House threatening members of Congress. (He’s working over Senate Republicans for now, but if it looks at all like this thing could gain any momentum, he’s going to come down hard on Speaker Hastert and new Majority Leader Boehner to put an end to it.)

    I’m not trying to be pessimistic. Just realistic.

    Now, if we can all somehow shame the Republicans into trying to defend not pursuing this, then maybe something can happen.


  27. Morgan Says:

    Talking Points Memo has a piece on the Wilson dealio worth reading.

    http://www.talkingpointsmemo.com/archives/007627.php


  28. california_reality_check Says:

    #20 Spudge_Boy - I assume you mean hearings. You know, this has already been done in the House by Conyers. Thing is unless the majority thugs are on board hearings need to be held in the basement without Subpoena power during spare time. Same could happen in the Senate. Slightly different rules but still the thugs are able to block almost everything. Nothing gets to the floor unless they say so. Look at what Arlen was able to do just as Committee Chairman. Same with the Special Prosecutor question. I understand the Impeachment question can be forced to the House floor by the popular vote of one State.


  29. Marie Says:

    Great research Spudgeboy, You could give journalists a lesson or two! Just give you a football and you run all the way downfield with it.


  30. mr ho Says:

    scotty says this is a time of ‘WAR’

    and that gives Bush an out to warrantless spying

    I guess scotty forgets his history

    because it was a time of ‘WAR’ when NIXONs Spying was caught as well.

    care to try for a NEW ‘WAR’ Rationale Scotty?

    SEVEN DAYS IN DECEMBER:
    ESPIONAGE AND TREASON IN THE WHITE HOUSE

    In a scenario that seems straight from the pages of a Hollywood screenplay, the events that played out during seven days in December 1971 revealed that the Pentagon had poised itself against the White House. The Pentagon’s Chief Investigator W. Donald Stewart remarked: “When we broke [Yeoman Charles E.] Radford that night, that’s where I got the Seven Days in May idea. I said Jesus Christ, here’s the military actually spying on the President of the United States . . . this is a hanging offense.”

    Even Nixon himself declared that the Joint Chiefs had committed “a federal offense of the highest order.” Oval Office meeting 12/21/71

    Discovery of the spy ring and not the Watergate break in was the beginning of the end of the Nixon presidency.

    Authors Len Colodny and Tom Shachtman provide the framework with which to understand these seven pivotal days. While an article cannot explore the great details regarding this historical event, this site provides documentary evidence in print and streaming audio and video. These resources present the military spy ring from its discovery through its cover up and beyond — providing a comprehensive understanding of this unprecedented event in American history.

    http://www.watergate.com/stories/spyring.as


  31. mr ho Says:

    Pen Traps spudge
    they ‘easy’ to get as well..
    To this point what we have been considering are technically called “intercepts” — listening to phone calls and recording the information they contain. Most phone taps in the U.S. aren’t conducted that way at all. On top of the approximately 3,500 CALEA and FISA intercepts conducted each year, there are another 75,000 domestic phone taps called “pen/traps” by the telephone company.

    While interceptions capture the voice portion of a telephone call or the data portion of an electronic communication, such as the content of e-mail, pen/traps capture just the outgoing digits dialed (the pen register portion of the technology) and the numbers of the incoming callers (the trap and trace portion of the technology). In CALEA terms, these are “call-identifying information.”

    Court authorizations for interceptions are difficult to obtain for many reasons. Pen/traps are easy to obtain. While the government has to obtain court authorization to install a pen/trap, the role of the court in this review and approval procedure is merely “ministerial” — primarily a form of record-keeping. The government has a very low hurdle to meet to obtain judicial approval for pen/traps, and if that hurdle is met, the court MUST approve the order. Pen/traps are very useful in a criminal investigation, and inexpensive compared to a court-approved interception. So, it is not surprising that there are so many more pen/traps than there are interceptions.

    to consider…..


  32. mr ho Says:

    so that put us squarely back into the Patriot Act

    Executive Summary
    Chief Concerns

    The EFF’s chief concerns with PATRIOT include:

    1. Expanded Surveillance With Reduced Checks and Balances. PATRIOT expands all four traditional tools of surveillance used by law enforcement — wiretaps, search warrants, pen/trap orders and subpoenas. Their counterparts under the Foreign Intelligence Surveillance Act (FISA) that allow spying in the U.S. by foreign intelligence agencies have similarly been expanded. This means:
    1. Be careful what you read on the Internet. The government may now monitor the online activities of innocent Americans, and perhaps even track what Web sites you read, by merely telling a judge anywhere in the U.S. that the spying could lead to information that is “relevant” to an ongoing criminal investigation. The person spied on does not have to be the target of the investigation. This application must be granted and the government is not obligated to report to the court or tell the person spied upon what it has done.
    2. Nationwide roving wiretaps. FBI and CIA can now go from phone to phone, computer to computer without demonstrating that each is being used by a suspect or target of an order, or even specifically identifying the person targeted. The government may now serve a single Title III wiretap, FISA wiretap or pen/trap order on any person or entity nationwide, regardless of whether that person or entity is named in the order. The government need not make any showing to a court that the particular information or communication to be acquired is relevant to a criminal investigation. In the pen/trap or FISA situations, they do not even have to report where they served the order or what information they received. The EFF believes that the opportunities for abuse of these broad new powers are immense. For pen/trap orders, while ISPs or others who are not specifically named in the order do have the legal right to request certification from the Attorney General’s office that the order applies to them, they have no right to request such confirmation from a court.
    3. ISPs hand over more user information. The law makes two changes to increase how much information the government may obtain about users from their ISPs or others who handle or store their online communications. First it allows ISPs to voluntarily hand over all “non-content” information to law enforcement with no need for any court order or subpoena. §212. Second, it expands the records that the government may seek with a simple subpoena (no court review required) to include records of session times and durations, temporarily assigned network (I.P.) addresses, and means and source of payments, including credit card or bank account numbers. §§210, 211.
    4. New definitions of terrorism expand scope of surveillance. One new definition of terrorism and three expansions of previous definitions also expand the scope of surveillance. PATRIOT §802’s definition of “domestic terrorism” (amending 18 USC §2331) raises concerns about legitimate protest activity being prosecuted as terrorism, especially if violence erupts, while additions to three existing definitions of terrorism (int’l terrorism per 18 USC §2331, terrorism transcending national borders per 18 USC §2332b, and federal terrorism per amended 18 USC §2332b(g)(5)(B)) expose more people to surveillance (and potential “harboring” and “material support” liability, §§803, 805).
    2. Overbreadth with a lack of focus on terrorism. Several provisions of PATRIOT have no apparent connection to preventing terrorism. These include:
    1. Government spying on suspected computer trespassers with no need for court order. §217.
    2. Adding samples to DNA database for those convicted of “any crime of violence.” §503. This provision allows collection of DNA for terrorists, but then inexplicably also allows collection for the broad, non-terrorist category of “any crime of violence.”
    3. Wiretaps now allowed for suspected violations of the Computer Fraud and Abuse Act. This includes anyone suspected of exceeding authorized access to a computer used in interstate commerce and thereby causing over $5000 worth of combined damage.
    4. Dramatic increases to the scope and penalties of the Computer Fraud and Abuse Act. These include: 1) raising the maximum penalty for violations to 10 years (from 5) for a first offense and 20 years (from 10) for a second offense; 2) ensuring that violators only need to intend to cause damage generally, not intend to cause damage or other specified harm over the $5,000 statutory damage threshold; 3) allowing aggregation of damages to different computers over a year to reach the $5,000 threshold; 4) enhancing punishment for violations involving any (not just $5,000) damage to a government computer involved in criminal justice or the military; 5) including damage to foreign computers involved in U.S. interstate commerce; 6) including state law offenses as priors for sentencing; 7) expanding the definition of loss to expressly include time spent on investigation, response, damage assessment and restoration.
    3. Allows Americans to be More Easily Spied Upon by U.S. Foreign Intelligence Agencies. Just as the domestic law enforcement surveillance powers have expanded, the corollary powers under the Foreign Intelligence Surveillance Act have also been greatly expanded, including:
    1. General Expansion of FISA Authority. FISA authority to spy on Americans or foreign persons in the U.S. (and those who communicate with them) increased from situations where obtaining foreign intelligence information is “the” purpose of the surveillance to anytime that it is “a significant purpose” of the surveillance.


  33. chester Says:

    The Buzz out there seems to indicate that the Republicans may have more to fear from this illegal wiretaping as they attempt to jump off the bandwagon or distance themselves from this administration. They must be “gathered up NOW”.
    As I am sure many know it is CIA procedure to induce people that work with them, or for them, to break some personal moral code(extra marital affair etc.) or law so as to control them(Blackmail) for the future(sounds like a gang innitiation come to think of it).


  34. mr ho Says:

    Yet Bush was spying before the Patriot Act.
    Soooo..Get Busy you Lawyer bloggers =)


  35. Lily Says:

    Does it really matter why she’s doing this (i.e., for her own political interests)? Isn’t it more important that she’s doing it?


  36. mr ho Says:

    41. Agreed

    you are correct. Between the corruption Misleading media, propaganda, WMD hoax (wilkersos), Warrantless tapping, katrina funding, underfunding NCLB, Backloaded taxes, Fiscal responsibility doesnt exist any longer. I applaud her for Standing up. Its pretty bad when we have groups in the white house that put their “CLIKS” above the people.
    Not only that Franklin/AIPAC, Journalists promoting Bush war rhetoric, Armstrong Williams..

    And thats not even all. Yeah I applaud this Representative for this administration has clearly losts its moral compass


  37. mr ho Says:

    http://www.watergate.com/stories/spyring.asp

    I had left p off asp of link above..sorry :^x


  38. Constant Says:

    I agree: The RNC and DNC can unite against the President on this issue: The Constitution is above the President. I came up with some suggestions on how to communicate these important issues for voters. [ Click ]



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