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Wiretapping Memos Drafted in 'Inappropriate' Secrecy: Report

Only 3 Justice officials knew of program

By Nick McMaster,  Newser Staff

Posted Jul 10, 2009 4:59 PM CDT

(Newser) – The legal justification for the Bush administration’s warrantless wiretapping program was handled with unprecedented secrecy that sidestepped usual Justice Department procedure, the Washington Post reports. Only three Justice officials—John Ashcroft, John Yoo, and staff attorney James Baker—were made aware of the program and participated in drafting memos that established its legality.

Yoo drafted the controversial memos in November 2001, but his superiors didn't learn of them until late 2003. They put “warrantless searches that protect the national security” outside of the purview of FISA, a report by five government inspectors general says. The memos thus dodged a rigorous departmental review process. The Bush administration’s arrangements were “extraordinary and inappropriate,” the report says, and “undermined” the Justice Department's function.

Former President George W. Bush addresses a Fourth of July crowd at the Let Freedom Ring 2009 festival at Crystal Beach Park Arena in Woodward, Okla., Saturday, July 4, 2009.
Former President George W. Bush addresses a Fourth of July crowd at the Let Freedom Ring 2009 festival at Crystal Beach Park Arena in Woodward, Okla., Saturday, July 4, 2009.   (AP Photo)
In this June 26, 2008 file photo John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.
In this June 26, 2008 file photo John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.   (AP Photo/Susan Walsh, File)
Former Attorney General John Ashcroft talks to reporters after meeting with the House Permanent Select Committee on Intelligence about the controversy regarding the Foreign Intelligence Surveillance Act, FISA, Thursday, June 21, 2007, at the Capitol in Washington.
Former Attorney General John Ashcroft talks to reporters after meeting with the House Permanent Select Committee on Intelligence about the controversy regarding the Foreign Intelligence Surveillance Act,...   (AP Photo/Lauren Victoria Burke)
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COMMENTS
Showing 3 of 12 comments
wwwonderer
Jul 13, 2009 4:14 AM CDT
I am finding that the term "George W. Bush Administration Justice Department" is becoming an oxymoron. Did seem just at all. This is just yet another example of the kind of garbage that people will allow when they are getting what they TRULY want. The evangelicals could care less about justice -that DOESN'T involve abortion, stem cells or gay marriage. The religious right only care about their moral issue. All secular law can be subverted; it's what a suicide bomber or an abortion doctor assassin they right to KILL in the name of God. Now how many people would have voted for Bush again had they had this information and paid attention. Unbelievable. Let's judge our potential national leader on how easy it is to drink a beer with them and the size of their Lapel flag pin. Nice.
chas_m
Jul 11, 2009 9:42 AM CDT
re: godawgs -- sort of a fair point, but as Bush himself once said, you can't just "wave a magic wand" and make the realities of these policies go away; EVIL take a LONG time to dismantle, and Bush created a CRAPLOAD of evil. To the specific point of this story, you are actually wrong. Obama has NOT drafted memos in secret to bypass government checks and balances, quite the contrary in fact. But there is only so much of the unmitigated EVIL Bush created and approved of that you can bring out into the light at a time, lest the entire function of the country start turning inward as it did with Bill Clinton's affair. It would be wonderful if we could do a full examination, but at this particular moment it would wreck the forward momentum. My suspicion is that once the economy is showing strong signs of growth, more "revelations" and investigations will appear.
JimW
Jul 11, 2009 6:11 AM CDT
I say this to Obama: Transparency Barak, transparency. You were elected overwhelmingly (myself included) with that as a main ingredient. We do not fear the enemy so much that many of us would not die fighting for the freedoms the upper government seems now to constantly try to crush. Please do NOT disappoint us by acting the whoosy. Prosecute those that usurp your power under your watch. There are many more honest ones to take their place.

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