Warrantless Domestic Spying Resource Page

Legal Myths

Myth: FISA prevented the Justice Department from conducting surveillance on Zacarias Moussaoui.

http://thinkprogress.org/2005/12/29/moussaoui-myth/

Myth: Bill Clinton and Jimmy Carter signed executive orders authorizing warrantless domestic surveillance.

http://thinkprogress.org/2005/12/20/drudge-fact-check/

Myth: The FISA appeals court ruled in 2002 that the President had inherent authority conduct warrantless domestic surveillance in violation of FISA.

http://thinkprogress.org/2005/12/21/appeals-court-myth/

Myth: Former Deputy Attorney General Jamie Gorelick argued President Clinton had authority to conduct warrantless domestic surveillance in violation of FISA.

http://thinkprogress.org/2005/12/20/the-gorelick-myth/

Myth: Bill Clinton violated FISA when he authorized a program called Echelon.

http://thinkprogress.org/2005/12/20/the-echelon-myth/

Myth: The September 2001 Authorization of Military Force gave president Bush authority to conduct warrantless domestic surveillance.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/22/AR2005122201101.html

Administration Deception and Lies

President Bush, 4/04: “[A]ny 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.”

http://thinkprogress.org/2005/12/20/bush-caught-on-tape/

Alberto Gonzales, 01/05: “it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.”

http://thinkprogress.org/2005/12/18/gonzales-january/

NSA Director 10/02: Told a committee investigating the 9/11 attacks that any surveillance of persons in the United States was done consistent with FISA http://thinkprogress.org/2005/12/19/nsa-director/

Criticism From Conservatives

Sen. Dick Lugar (R-IN) supports a Congressional investigation. Lugar says “FISA Act has worked pretty well from the time of President Carter’s day to the current time.”

http://thinkprogress.org/2006/01/01/lugar-supports-hearings/

Sen. Lindsey Graham (R-SC): “I don’t know of any legal basis to go around [FISA]”

http://thinkprogress.org/2005/12/18/no-legal-basis/

Sen. Arlen Specter (R-PA): “There is no doubt that this is inappropriate.”

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/16/AR2005121601825.html

Columnist William Safire: “I’m with the critics”

http://www.msnbc.msn.com/id/10558586/

Federalist Society Board Member Robert Levy: “The text of FISA §1809 is unambiguous: ‘A person is guilty of an offense if he intentionally engages in electronic surveillance … except as authorized by statute.’”

http://thinkprogress.org/2005/12/27/federalist-society-board-member/

Primary Sources

Bush Lets U.S. Spy on Callers Without Courts, New York Times, 12/16/05

http://www.truthout.org/docs_2005/121605Z.shtml

Nuclear Monitoring of Muslims Done Without Search Warrants, U.S. News and World Report, 12/22/05

http://www.usnews.com/usnews/news/articles/nest/051222nest.htm

Foreign Intelligence Surveillance Act of 1978

http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html

Authorization For the Use of Military Force, 9/18/01

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ040.107.pdf

Letter from Sen. John Rockefeller to Vice President Cheney,7/17/03

http://thinkprogress.org/wp-images/upload/Intell.pdf

DOJ Memo To Congress Defending Program, 12/22/05 [Memo Debunked, 12/23/05]

http://www.nationalreview.com/pdf/12%2022%2005%20NSA%20letter.pdf

http://thinkprogress.org/2005/12/23/doj-memo-debunked/