Court Sides With Bush on Wiretapping

President had right to violate 'obsolete' FISA, Bush lawyer writes

(NEWSER) - Last week the inspectors general of the Justice Department, CIA, and other agencies suggested the Bush administration violated the Foreign Intelligence Surveillance Act, singling out lawyer John Yoo for memos justifying warrantless wiretapping. Yoo defends himself today in a Wall Street Journal op-ed, writing that FISA was "an obsolete law" that the president had a constitutional responsibility to override. "Gathering intelligence—including intercepting enemy communications—has long been a key aspect of war," he says. More»

(NEWSER) - The Bush administration's warrantless wiretap program wasn't such a great anti-terror tool after all, says a new federal report. The wiretaps—on the international communication of Americans—"generally played a limited role" in counterterrorism efforts, despite the assertions of President Bush, Dick Cheney, and other top officials that they were essential, the New York Times reports. More»

Amendments fail

(NEWSER) - The Senate approved a bill today overhauling the rules on secret US government eavesdropping and granting immunity to telephone companies that helped it listen in after 9/11. The so-called FISA bill passed by a large margin of 69-28. The upper house also voted against three amendments that would have watered down, delayed, or stripped away the immunity provision. More»

'It’s not compromise; it’s pure theater,' says one plaintiff.

(NEWSER) - Yesterday's Congressional deal on warrantless wiretapping will wipe out some 40 pending lawsuits against phone companies that took part in the Bush administration's eavesdropping scheme, ending 5 months of Democratic resistance to giving the telcos immunity for their actions. In what the New York Times calls to the biggest change to surveillance law in 30 years, telecoms will receive protection from lawsuits so long as a court determines that the government asked them to allow the tap. More»

Says candidate believes president has right to 'override' law

(NEWSER) - John McCain supports President Bush's warrantless wiretapping program, a top adviser writes in a letter posted on the National Review website. The adviser, Douglas Holtz-Eakin, outlines McCain's belief that the Constitution authorizes the president to override a federal statute that requires court oversight for surveillance. The position marks a sharp contrast to earlier statements by McCain on the issue, the New York Times points out in drawing attention to the letter. More»