On January 4, Rep. Jane Harman (D-CA) wrote a letter to President Bush asserting that the administration briefings on his warrantless domestic wiretapping program violated the law. Specifically, Harman said the briefings, which only included the leadership of the intelligence committees, failed to comply with the 1947 National Security Act, which requires the administration to keep the entire committee informed about intelligence activities.
She was promptly criticized by right-wing pundit Michelle Malkin, who lashed out at Harman with a post titled “Jane Harman’s Bogus Attack.” ThinkProgress noted, and Malkin later admitted, that Malkin’s rebuttal was based on a legal provision that was totally irrelevant to the issue. Nevertheless, Malkin stuck to her general claim that Harman was wrong.
Yesterday, the experts addressed the issue. The non-partisan Congressional Research Service released a report, which supported Harman’s position:
A legal analysis by the nonpartisan Congressional Research Service concludes that the Bush administration’s limited briefings for Congress on the National Security Agency’s domestic eavesdropping without warrants are “inconsistent with the law.”
Email Michelle Malkin at firstname.lastname@example.org and tell her she owes Jane Harman an apology.