Jun 20 2008

Media Lies To America, Itself As Bush Gets Big FISA Win

Published by at 1:19 pm under All General Discussions,FISA-NSA

The liberal news media is incapable of facing its own mistakes. Instead it simply tries to spin out lies to its customers and delude itself into believing that it was always being professional and accurate. Case in point: the huge FISA win Bush just orchestrated in the House of Representatives, which is better than any version I have seen to date:

… the bill makes clear that all intelligence surveillance is governed by FISA. The legislation mandates that the administration obtain a court-approved, individual warrant for any spying activity directed at a U.S. citizen — whether that citizen is on U.S. soil or abroad — and that the administration prove it has “probable cause” to believe that the person is engaged in espionage. The procedures used for surveillance of non-U.S. citizens on foreign soil must be approved by the FISA court and reviewed annually. The inspectors general of the Justice Department and the intelligence agencies are charged with reviewing the surveillance programs, with particular focus on how many U.S. citizens are targeted, how many domestic surveillance projects are requested and undertaken, and whether the methods used by the administration to obtain warrants and carry out surveillance are narrowly tailored and show respect for civil liberties. The intelligence and judiciary committees of both chambers will have oversight powers; currently, only the intelligence committees have that responsibility. If passed today, the bill would be up for review in 2012.

Basically this is how the FIS Court and NSA have been coordinated for years now. For proof I only need to go back to remarks from January 2006 by General Hayden (then between jobs after leaving the NSA and prior to heading the CIA). First off, the fact that NSA never ‘bypassed’ the FIS Court, but instead started sending all sorts of leads to the FBI to use as probable cause in FIS Court hearings on probable cause:

Look, this is not unlike things that happened in other areas. Prior to September 11th, airline passengers were screened in one way. After September 11th, we changed how we screen passengers. In the same way, okay, although prior to September 11th certain communications weren’t considered valuable intelligence, it became immediately clear after September 11th that intercepting and reporting these same communications were in fact critical to defending the homeland. Now let me make this point. These decisions were easily within my authorities as the director of NSA under and executive order; known as Executive Order 12333, that was signed in 1981, an executive order that has governed NSA for nearly a quarter century.

There was no change, after 9-11, in the interception of communications. The change was in how much of this information was disseminated to law enforcement, which then went to the FIS Court for probable cause decisions:

Now, as another part of our adjustment, we also turned on the spigot of NSA reporting to FBI in, frankly, an unprecedented way. We found that we were giving them too much data in too raw form. We recognized it almost immediately, a question of weeks, and we made all of the appropriate adjustments. Now, this flow of data to the FBI has also become part of the current background noise, and despite reports in the press of thousands of tips a month, our reporting has not even approached that kind of pace. You know, I actually find this a little odd. After all the findings of the 9/11 commission and other bodies about the failure to share intelligence, I’m up here feeling like I have to explain pushing data to those who might be able to use it. And of course, it’s the nature of intelligence that many tips lead nowhere, but you have to go down some blind alleys to find the tips that pay off.

Now, beyond the authorities that I exercised under the standing executive order, as the war on terror has moved forward, we have aggressively used FISA warrants. The act and the court have provided us with important tools, and we make full use of them. Published numbers show us using the court at record rates, and the results have been outstanding.

The government record is clear – the NY Times and liberal media lied about what changed after 9-11 when it comes to FIS Court and NSA generated leads. Let’s now address the fact that these communications must include one end being overseas and connected to a known or suspected terrorist entity. This is not new at all, as the article above tries to claim:

You know, the 9/11 commission criticized our ability to link things happening in the United States with things that were happening elsewhere. In that light, there are no communications more important to the safety of this country than those affiliated with al Qaeda with one end in the United States. The president’s authorization allows us to track this kind of call more comprehensively and more efficiently. The trigger is quicker and a bit softer than it is for a FISA warrant, but the intrusion into privacy is also limited: only international calls and only those we have a reasonable basis to believe involve al Qaeda or one of its affiliates.

Let me talk for a few minutes also about what this program is not. It is not a driftnet over Dearborn or Lackawanna or Freemont grabbing conversations that we then sort out by these alleged keyword searches or data-mining tools or other devices that so-called experts keep talking about.

This is targeted and focused. This is not about intercepting conversations between people in the United States. This is hot pursuit of communications entering or leaving America involving someone we believe is associated with al Qaeda.

One end of any call targeted under this program is always outside the United States.

And what about US Citizens? There has always been a requirement for a FIS Court order to bring US Citizens under surveillance – this is not new or a change from anything done in the past 7 years. And there has always been oversight by the Department of Justice:

So now, we come to one additional piece of NSA authorities. These are the activities whose existence the president confirmed several weeks ago. That authorization was based on an intelligence community assessment of a serious and continuing threat to the homeland. The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.

So, what is new? Well one thing has finally happened – people in the US are not automatically granted the same rights as US citizens. Take this sentence for example:

The legislation mandates that the administration obtain a court-approved, individual warrant for any spying activity directed at a U.S. citizen — whether that citizen is on U.S. soil or abroad — and that the administration prove it has “probable cause” to believe that the person is engaged in espionage. The procedures used for surveillance of non-U.S. citizens on foreign soil must be approved by the FISA court and reviewed annually.

Subtly worded. But what is clear is there are now two sets of rules: one for American Citizens (which is the old set of rules requiring a FIS Court surveillance warrant) and now lesser stringent rules for non-citizens in country. No more treating Bin Laden or Mohamed Atta as an equal to President Bush or any other American citizen.

Another difference – no more lame 72 hours for emergency surveillance but a more reasonable 7 days to gather evidence and build the probable cause case for the FIS Court.

And finally, the big enchilada:

Yet the compromise bill also preserves appropriate flexibility for the executive. In emergencies, the attorney general and the director of national intelligence could begin a surveillance project without a FISA warrant, but they would have to seek FISA approval within seven days. The bill also provides appropriate protections from civil lawsuits for telecommunications companies and gives these companies access to the FISA court to challenge requests they deem improper.

How do I know this is a big win for Bush being spun with massive amount of lipstick from the liberal surrendermedia? Easy, just check out the far left lunatics who are driven by paranoid obsessions regarding of the second coming of Nixon, while ignoring the threats of terrorists and the human carnage a future 9-11 would bring. More handwringing here. They are really upset – which brings a smile to my face!

Folks can read all my posts on the FISA-NSA propaganda here.

18 responses so far

18 Responses to “Media Lies To America, Itself As Bush Gets Big FISA Win”

  1. kathie says:

    Words matter. Bush said he would do everything in his power to protect this country. I remember when after 911, he was standing in the Oval Office, a reporter asked him how he felt about the attack. When I heard his quivering voice, and saw tears running down his cheeks, I knew he would not let a stone go unturned to protect this country from another attack. The Dems can fight him all the want, they will loose!

  2. kathie says:

    When words matter. Bush said he would do everything in his power to protect this country. I remember when after 911, he was standing in the Oval Office, a reporter asked him how he felt about the attack. When I heard his quivering voice, and saw tears running down his cheeks, I knew he would not let a stone go unturned to protect this country from another attack. The Dems can fight him all the want, they will loose!

  3. ivehadit says:

    Yes, Kathie, so true. And we can say the same for McCain, imho….but cannot say the same for obama.

  4. Terrye says:

    I wonder how Obama will vote on this? I think the Senate vote is next week. Maybe he can vote present.

  5. robert verdi says:

    The Democrats wanted it on the table for the primaries so their candidates could posture, now they want it off the table for the general election. Its a big victory for the country and the executive branch. Unless I miss my guess many in the nutroots will console themselves by saying, oh well if its not an issue it will help us gain power in Novemeber.

  6. lurker9876 says:

    If Obama wins and the Congressional Democratic Senate has 60 plus seats, then the odds of them repealing this act will be high.

  7. kathie says:

    I think it would be stupid to repeal it. If the Dems are responsible I’m thinking they will realize it would be stupid too. They only want to make Bush look like a dictator. Once he is gone they will take credit for everything.

  8. BarbaraS says:

    The procedures used for surveillance of non-U.S. citizens on foreign soil must be approved by the FISA court and reviewed annually.

    Call me stupid but what does the FISA court have to do with non US citizens on foreign soil? I would think their jurisdiction ends at the coast line except in regards to US citizens out of the country. This hamstrings intellegience overseas, does it not? What happens when the FISA court refuses to renew the procedures? With our uber liberal judges this is possible and we will be in the same boat. Look what happened when Ashcroft was in the hospital. Some officious person or judge tries to assert his authority. I just think it is arrogant of the judiciary to think they can monitor foreigners outside of this country. Of course, the SC just ruled that anybody in the world is entitled to habeus corpus even before a US citizen is entitled to it.

  9. BarbaraS says:

    The problem is that congress cannot put out common sense laws. They are all twisted like a pretzel. On the one hand they give you something and on the other hand they take it away. But the dems have so many different special interst groups to coddle this is the way it has to be. This bill sounds like an auto insurance policy but it can’t be that because these people are not smart enough to even read an insurance policy. And why a sunset? So we can go into this all over again. I really do wish the electorate would toss out everybody in congress and elect new people who might have the good of the country in their hearts instead of their own selfish self agrandisement.

  10. […] As I noted here the new compromise is better than anything offered to date – as far as Bush and conservatives are concerned. It allowed the NSA to collect intelligence on terrorists overseas. And if that surveillance included contacts with people here in the US that information would be sent to the FBI to investigate. The NSA lead could be used as part of the evidence of probable cause in front of the FIS Court in the case the person in the US was a US citizen. But now, if the person inside the US is not a US citizen, there are a different set of rules and process that allow the US to make sure these non-citizens are not actually terrorists trying to execute another 9-11. […]

  11. AJStrata says:

    BarbaraS,

    Up until now all people in the US were considered – legally – US citizens. That is why this is such huge news!

    AJStrata

  12. MerlinOS2 says:

    The other issue is the recognition of just how much world communication is routed via telecommunication assets in the USA even if it is an international to international call which should not be subject to FISA.

    If Hamas is talking to Hugo and it happens to route via an undersea cable to a Network Access Point in Miami that should not require a FISA court determination and warrant.

    Just do a trace route on many websites you go to and you would be shocked how much the traffic is ping ponged around the country before it gets from point a to point b and back.

  13. WWS says:

    Barbara – there is a very good reason every law is written in the convoluted fashion that you refer to. Call it the legal services & consultants full employment act. No business in this country can hope to accurately follow new laws without hiring a team of lawyers and consultants to tell them what to do.

    Second to lobbying, guess what almost everyone who’s been in government does when they turn private. And it pays very, very well.

  14. […] light of the FISA legislation compromise Bush and the GOP just won in the House of Representatives (see my previous posts here on how great this was for conservatives). Are they so confident in their ability to win this year […]

  15. BarbaraS says:

    AJ

    I understand that and it is good news. I am just saying the courts do not have any right to monitor anybody out of the country. And now that I think about it they can’t even monitor US citizens out of the country. US citizens are subject laws of the country they were arrested in. State might try to interfere but the judiciary can’t. So how come they can monitor a system that our intelligience agencies rely on? This was a sop thrown to the democrats in support of their ongoing effort to tear down this country. However, I am glad it passed and will hope for the best. I guess I am still angry at SC for Bourneline and definitely feel they stepped out of bounds on that one.

  16. VinceP1974 says:

    Barabra you make some good points.

    I remember back in the day of the Office of Independent Council early in the Clinton years, the Republicans wanted to let the office expire.

    I dont remember which branch of the govt made this argument but someone raised the point that the OIC *cant* report directly to Congress, because Congress cannot have laywers doing work for the Justice Dept working for it

    And then there was also some 3 judge panel, and the same legal problem existed with that.

  17. […] it does not automatically give non-US citizens physically in the US the same protections legally (see here for that revelation). Basically, never again – like prior to 9-11 – will the NSA have information on terrorists in the […]

  18. […] their actions are now law, having been voted on by large bi-partisan majorities multiple times (see here for one example) and with the support of all three branches of government. For something the liberal media seems to […]