Civil Liberties Media Articles

Excerpts of Key Civil Liberties Media Articles in Major Media

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For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a number of controversial legal decisions. Orchestrated by Cheney and his lawyer David Addington, the department interpreted executive power in an expansive and extraordinary way, granting President George W. Bush the power to detain, interrogate, torture, wiretap and spy -- without congressional approval or judicial review. "The vice president believes that Congress has very few powers to actually constrain the president and the executive branch," former Justice Department attorney Marty Lederman tells Frontline. "He believes the president should have the final word -- indeed the only word -- on all matters within the executive branch." After Sept. 11, Cheney and Addington were determined to implement their vision -- in secret. The vice president and his counsel found an ally in John Yoo, a lawyer at the Justice Department's extraordinarily powerful Office of Legal Counsel. In concert with Addington, Yoo wrote memoranda authorizing the president to act with unparalleled authority. "There were extravagant and unnecessary claims of presidential power that were wildly overbroad to the tasks at hand," [former Assistant Attorney General Jack L. Goldsmith] says. As the White House and Congress continue to face off over executive privilege, the terrorist surveillance program, and the firing of U.S. attorneys, Frontline tells the story of what's formed the views of the man behind what some view as the most ambitious project to reshape the power of the president in American history.

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An internal Pentagon review this year found systemic problems ... in the military’s efforts to obtain records from American banks and consumer credit agencies in terrorism and espionage investigations, according to Pentagon documents. The newly disclosed documents, totaling more than 1,000 pages, provide additional confirmation of the military’s expanding use of what are known as national security letters under powers claimed under the Patriot Act. The documents show that the military has issued at least 270 of the letters since 2005, and about 500 in all since 2001. The documents were obtained through the Freedom of Information Act by two private advocacy groups, the American Civil Liberties Union and the Electronic Frontier Foundation. The New York Times first disclosed the military’s use of the letters in January, and senior members of Congress and civil liberties groups criticized the practice on grounds that it seemed to conflict with traditional Pentagon rules against domestic law enforcement operations. The documents raise a number of apparent discrepancies between the Defense Department’s internal practices and what officials have said publicly and to Congress about their use of the letters. The documents suggest, for instance, that military officials used the F.B.I. to collect records for what started as purely military investigations. And the documents also leave open the possibility that records could be gathered on nonmilitary personnel in the course of the investigations. Civil liberties advocates said recent controversy over the Department of Defense’s collection of information on antiwar protesters made them suspicious of the assertion that the letters had been used exclusively to focus on military personnel. “We are very skeptical that the D.O.D. is voluntarily limiting its own surveillance power,” said Melissa Goodman, a staff attorney for the A.C.L.U..

“Bush lies” doesn’t cut it anymore. It’s time to confront the darker reality that we are lying to ourselves. By any legal standards except those rubber-stamped by Alberto Gonzales, we are practicing torture, and we have known we are doing so ever since photographic proof emerged from Abu Ghraib more than three years ago. As Andrew Sullivan, once a Bush cheerleader, observed last weekend in The Sunday Times of London, America’s “enhanced interrogation” techniques have a grotesque provenance: “Verschärfte Vernehmung, enhanced or intensified interrogation, was the exact term innovated by the Gestapo to describe what became known as the ‘third degree.’ It left no marks. It included hypothermia, stress positions and long-time sleep deprivation.” We must ... examine our own responsibility for the hideous acts committed in our name in a war where we have now fought longer than we did in the one that put Verschärfte Vernehmung on the map. The war was sold by a ... fear-fueled White House propaganda campaign designed to stampede a nation still shellshocked by 9/11. Both Congress and the press — the powerful institutions that should have provided the checks, balances and due diligence of the administration’s case — failed to do their job. Had they done so, more Americans might have raised more objections. This perfect storm of democratic failure began at the top. [But] as the war has dragged on, it is hard to give Americans en masse a pass. We are too slow to notice, let alone protest, the calamities that have followed the original sin. Our humanity has been compromised by those who use Gestapo tactics in our war. The longer we stand idly by while they do so, the more we resemble those “good Germans” who professed ignorance of their own Gestapo.

A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal. Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks ... about participating in a warrantless surveillance program to gather information about Americans' phone records. In the court filings disclosed this week, Nacchio suggests that Qwest's refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper. He has claimed in court papers that he had been optimistic that Qwest would overcome weak sales because of the expected top-secret contract with the government. Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. In May 2006, USA Today reported that the NSA had been secretly collecting the phone-call records of tens of millions of Americans, using data provided by major telecom firms. Qwest, it reported, declined to participate because of fears that the program lacked legal standing.

Note: The Bush Administration has claimed that the NSA surveillance of the American public was a necessary response to the attacks of 9/11. But this story reveals that the surveillance began before 9/11, shortly after Bush took office. The obvious question is, why? For many other reliable, verifiable reports that suggest the official explanation of the events of 9/11 is false, click here.

Somehow, the [Supreme Court] could not muster the four votes needed to grant review in the case of an innocent German citizen of Lebanese descent who was kidnapped, detained and tortured in a secret overseas prison as part of the Bush administration’s ... anti-terrorism program. The victim, Khaled el-Masri, was denied justice by lower federal courts, which dismissed his civil suit in a reflexive bow to a flimsy government claim that allowing the case to go forward would put national security secrets at risk. Those rulings ... represented a major distortion of the state secrets doctrine, a rule ... that was originally intended to shield specific evidence in a lawsuit filed against the government. It was never designed to dictate dismissal of an entire case before any evidence is produced. The Masri case ... is being actively discussed all over the world. The only place it cannot be discussed, it seems, is in a United States courtroom. In effect, the Supreme Court has granted the government immunity for subjecting Mr. Masri to “extraordinary rendition,” the morally and legally unsupportable United States practice of transporting foreign nationals to be interrogated in other countries known to use torture and lacking basic legal protections. It’s hard to imagine what, at this point, needs to be kept secret, other than the ways in which the administration behaved, ... quite possibly illegally, in the Masri case. The Supreme Court has left an innocent person without any remedy for his wrongful imprisonment and torture. It has ... established [itself] as Supreme Enabler of the Bush administration’s efforts to avoid accountability for its actions. These are not accomplishments to be proud of.

Vanessa Alarcon saw them while working at an antiwar rally in Lafayette Square last month. "I heard someone say, 'Oh my god, look at those,' " the college senior from New York recalled. "I look up and I'm like, 'What the hell is that?' They looked kind of like dragonflies or little helicopters. But I mean, those are not insects." Out in the crowd, Bernard Crane saw them, too. "I'd never seen anything like it in my life," the Washington lawyer said. "They were large for dragonflies. I thought, 'Is that mechanical, or is that alive?' " Some suspect the insectlike drones are high-tech surveillance tools, perhaps deployed by the Department of Homeland Security. No agency admits to having deployed insect-size spy drones. But a number of U.S. government and private entities acknowledge they are trying. So what was seen by Crane, Alarcon and a handful of others at the D.C. march -- and as far back as 2004, during the Republican National Convention in New York, when one observant ... peace-march participant described on the Web "a jet-black dragonfly hovering about 10 feet off the ground, precisely in the middle of 7th Avenue . . . watching us?" Three people at the D.C. event independently described a row of spheres, the size of small berries, attached along the tails of the big dragonflies -- an accoutrement that [Jerry Louton, an entomologist at the National Museum of Natural History,] could not explain. And all reported seeing at least three maneuvering in unison. "Dragonflies never fly in a pack," he said. Mara Verheyden-Hilliard of the Partnership for Civil Justice said her group is investigating witness reports and has filed Freedom of Information Act requests with several federal agencies. If such devices are being used to spy on political activists, she said, "it would be a significant violation of people's civil rights."

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When the Justice Department publicly declared torture “abhorrent” in a legal opinion in December 2004, the Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations. But soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document; according to officials briefed on it, [it was] an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency. The new opinion ... for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures. Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard. The classified opinions, never previously disclosed, are a hidden legacy of President Bush’s second term and Mr. Gonzales’s tenure at the Justice Department. Congress and the Supreme Court have intervened repeatedly in the last two years to impose limits on interrogations, and the administration has responded as a policy matter by dropping the most extreme techniques. But the 2005 Justice Department opinions remain in effect, and their legal conclusions have been confirmed by several more recent memorandums, officials said. They show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics.

An elementary-school teacher who was dismissed after telling her class on the eve of the Iraq war that "I honk for peace" lost [her] U.S. Supreme Court appeal. The justices ... denied a hearing to Deborah Mayer, who had appealed lower-court decisions upholding an Indiana school district's refusal to renew her contract in June 2003. The most-recent ruling, by a federal appeals court in Chicago, said teachers in public schools have no constitutional right to express personal opinions in the classroom. A teacher's speech is "the commodity she sells to an employer in exchange for her salary," the [court] said in January. "The Constitution does not enable teachers to present personal views to captive audiences against the instructions of elected officials." The appellate ruling is ... one of a series of recent decisions taking a narrow view of free speech for teachers, other government employees and students. Mayer, who now teaches sixth grade in Florida, was distraught. "I don't know why anybody would want to be a teacher if you can be fired for saying four little words," she said Monday. "I'm supposed to teach the Constitution to my students. I'm supposed to tell them that the Constitution guarantees free speech. How am I going to justify that?" She said her class of fourth- through sixth-graders was discussing an article in the children's edition of Time magazine, part of the school-approved curriculum, on protests against U.S. preparations for an invasion of Iraq in January 2003. When a student asked her whether she took part in demonstrations, Mayer said, she replied that she blew her horn whenever she saw a "Honk for Peace" sign, and that peaceful solutions should be sought before going to war. After a parent complained, the principal ordered Mayer never to discuss the war or her political views in class.

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Facing pressure from religious groups, civil libertarians and members of Congress, the federal Bureau of Prisons has decided to return religious materials that had been purged from prison chapel libraries because they were not on the bureau’s lists of approved resources. After the details of the removal became widely known this month, Republican lawmakers, liberal Christians and evangelical talk shows all criticized the government for creating a list of acceptable religious books. In an e-mail message Wednesday, the bureau said: “In response to concerns expressed by members of several religious communities, the Bureau of Prisons has decided to alter its planned course of action with respect to the Chapel Library Project. The bureau will begin immediately to return to chapel libraries materials that were removed in June 2007, with the exception of any publications that have been found to be inappropriate, such as material that could be radicalizing or incite violence. The review of all materials in chapel libraries will be completed by the end of January 2008.” Only a week ago the bureau said it was not reconsidering the library policy. But critics of the bureau’s program said it appeared that the bureau had bowed to widespread outrage. “Certainly putting the books back on the shelves is a major victory, and it shows the outcry from all over the country was heard,” said Moses Silverman, a lawyer for three prisoners who are suing the bureau over the program. “But regarding what they do after they put them back ... I remain concerned that the criteria for returning the books will be constitutional and lawful.”

Frustrated by press leaks about its most sensitive electronic surveillance work, the secretive National Security Agency convened an unprecedented series of off-the-record "seminars" in recent years to teach reporters about the damage caused by such leaks and to discourage reporting that could interfere with the agency's mission to spy on America's enemies. The half-day classes featured high-ranking NSA officials highlighting objectionable passages in published stories and offering "an innocuous rewrite" that officials said maintained the "overall thrust" of the articles but omitted details that could disclose the agency's techniques, according to course outlines obtained by The New York Sun. Dubbed "SIGINT 101," using the NSA's shorthand for signals intelligence, the seminar was presented "a handful of times" between approximately 2002 and 2004. The syllabi make clear that the sessions, which took place at NSA headquarters in Fort Meade, Md., were conceived of ... as part of a campaign to limit the damage caused by leaks of sensitive intelligence. During one sensitive discussion, journalists were to be told they could not take any notes. The exact substitutions of language that the NSA proposed were deleted from the syllabi released to the Sun under the Freedom of Information Act. In 2005, following the publication of a New York Times story on a secret program for warrantless wiretapping ... Director of Central Intelligence Porter Goss crusaded against leaks at the CIA and later told a Senate committee that he hoped reporters would be called before grand juries to identify their sources. Attorney General Gonzales also discussed the "possibility" of prosecuting journalists who wrote stories based on leaked intelligence. The syllabi, which are marked as drafts, list presenters including the director of the NSA at the time, General Michael Hayden, [now director of the CIA].

The U.S. government is collecting electronic records on the travel habits of millions of Americans who fly, drive or take cruises abroad, retaining data on the persons with whom they travel or plan to stay, the personal items they carry during their journeys, and even the books that travelers have carried, according to documents obtained by a group of civil liberties advocates and statements by government officials. The personal travel records are meant to be stored for as long as 15 years, [by] the Department of Homeland Security's ... Automated Targeting System. But new details about the information being retained suggest that the government is monitoring the personal habits of travelers more closely than it has previously acknowledged. The details were learned when a group of activists requested copies of official records on their own travel. Those records included a description of a book on marijuana that one of them carried and small flashlights bearing the symbol of a marijuana leaf. Civil liberties advocates have alleged that the type of information preserved by the department raises alarms about the government's ability to intrude into the lives of ordinary people. The millions of travelers whose records are kept by the government are generally unaware of what their records say, and the government has not created an effective mechanism for reviewing the data and correcting any errors, activists said. The activists alleged that the data collection effort, as carried out now, violates the Privacy Act, which bars the gathering of data related to Americans' exercise of their First Amendment rights, such as their choice of reading material or persons with whom to associate. They also expressed concern that such personal data could one day be used to impede their right to travel.

The nation’s biggest telecommunications companies, working closely with the White House, have mounted a secretive lobbying campaign to get Congress to quickly approve a measure wiping out all private lawsuits against them for assisting the U.S. intelligence community’s warrantless surveillance programs. The campaign — which involves some of Washington's most prominent lobbying and law firms — has taken on new urgency in recent weeks because of fears that a U.S. appellate court in San Francisco is poised to rule that the lawsuits should be allowed to proceed. If that happens, the telecom companies say, they may be forced to terminate their cooperation with the U.S. intelligence community — or risk potentially crippling damage awards for allegedly turning over personal information about their customers to the government without a judicial warrant. But critics say the language proposed by the White House — drafted in close cooperation with the industry officials — is so extraordinarily broad that it would provide retroactive immunity for all past telecom actions related to the surveillance program. Its practical effect, they argue, would be to shut down any independent judicial or state inquires into how the companies have assisted the government in eavesdropping on the telephone calls and e-mails of U.S. residents in the aftermath of the September 11 terror attacks. “It’s clear the goal is to kill our case," said Cindy Cohn, legal director of the Electronic Frontier Foundation, [which] filed the main lawsuit against the telecoms after The New York Times first disclosed, in December 2005, that President Bush had approved a secret program to monitor the phone conversations of U.S. residents without first seeking judicial warrants. “I find it a little shocking that Congress would participate in the covering up of what has been going on," added Cohn.

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

A globalized world that could bring down the Berlin Wall, and deliver fresh fruit in the middle of the coldest winter months, wasn't supposed to foster one of the darkest of human practices — slavery. This version of the world was supposed to make life for everyone, everywhere, better. Better medicine, better prices, better democracies. Not so, says John Bowe in his incredible book, Nobodies: Modern American Slave Labor and the Dark Side of the New Global Economy. Not only is slavery a reality, but how we've executed this rush toward globalization may have created the very conditions necessary for slavery to gain a toehold in the modern world. Nobodies is investigative, immersion reporting at its best. The line between observer and participant blurs, and the reality of time, place and subject come crashing out in full detail. Bowe is a master storyteller whose work is finely tuned and fearless. When the time is appropriate, he goes so far as to question his own assumptions, ideals and practices without holding back. "Go out into this newly globalized world you're profiting from," he writes, "go visit the people being 'lifted' out of poverty, the workers who are making your products. Go live in their huts, eat their rice and plantains, squat on their floors, and listen to their babies cry. Sniff some glue and pray with them. Try to get justice from their police if someone hurts you. And then come back and let's talk about freedom." There's a chill in the air when he writes: "If you can read this page, you are on top of the world and billions of people are beneath you. Your ignorance and your lack of a program will likely equal the squalor of your grandchildren's existence."

Behind the walls of federal prisons nationwide, chaplains have been quietly carrying out a systematic purge of religious books and materials that were once available to prisoners in chapel libraries. The chaplains were directed by the Bureau of Prisons to clear the shelves of any books, tapes, CDs and videos that are not on a list of approved resources. In some prisons, the chaplains have recently dismantled libraries that had thousands of texts collected over decades, bought by the prisons, or donated by churches and religious groups. Some inmates are outraged. Two of them, a Christian and an Orthodox Jew, in a federal prison camp in upstate New York, filed a class-action lawsuit last month claiming the bureau’s actions violate their rights to the free exercise of religion as guaranteed by the First Amendment and the Religious Freedom Restoration Act. The bureau, an agency of the Justice Department, defended its effort, which it calls the Standardized Chapel Library Project, as a way of barring access to materials that could, in its words, “discriminate, disparage, advocate violence or radicalize.” “It’s swatting a fly with a sledgehammer,” said Mark Earley, president of Prison Fellowship, a Christian group. “There’s no need to get rid of literally hundreds of thousands of books that are fine simply because you have a problem with an isolated book or piece of literature that presents extremism.” A chaplain who has worked more than 15 years in the prison system, who spoke on condition of anonymity because he is a bureau employee, said: “At some of the penitentiaries, guys have been studying and reading for 20 years, and now they are told that this material doesn’t meet some kind of criteria. It doesn’t make sense to them."

Li Runsen, the powerful technology director of China’s ministry of public security, is best known for leading Project Golden Shield, China’s intensive effort to strengthen police control over the Internet. But last month Mr. Li took an additional title: director for China Security and Surveillance Technology, a fast-growing company that installs and sometimes operates surveillance systems for Chinese police agencies, jails and banks, among other customers. The company has just been approved for a listing on the New York Stock Exchange. The company’s listing and Mr. Li’s membership on its board are just the latest signs of ever-closer ties among Wall Street, surveillance companies and the Chinese government’s security apparatus. Wall Street analysts now follow the growth of companies that install surveillance systems providing Chinese police stations with 24-hour video feeds from nearby Internet cafes. Hedge fund money from the United States has paid for the development of not just better video cameras, but face-recognition software and even newer behavior-recognition software designed to spot the beginnings of a street protest and notify police. Executives of Chinese surveillance companies say they are helping their government reduce street crime, preserve social stability and prevent terrorism. They note that London has a more sophisticated surveillance system, although the Chinese system will soon be far more extensive. Wall Street executives also defend the industry as necessary to keep the peace at a time of rapid change in China. They point out that New York has begun experimenting with surveillance cameras in Lower Manhattan and other areas of the city.

Traditionally, powerful spy satellites have been used to search for strategic threats overseas. But now the Department of Homeland Security has developed a new office to use the satellites to [monitor the US itself]. [DHS] officials ... faced extensive criticism [in Congress] about the privacy and civil liberty concerns of the new office, called the National Applications Office. [House Homeland Security] Committee members expressed concern about abuse of the satellite imagery, charging that Homeland Security had not informed the oversight committee about the program. "What's most disturbing is learning about it from The Wall Street Journal," said Committee Chairman Rep. Bennie Thompson, D-Miss. The lawmakers also expressed concern about using military capabilities for U.S. law enforcement and Homeland Security operations, potentially a violation of the Posse Comitatus Act, which bars the military from serving as a law enforcement body within the United States. Committee members said that in addition to not being informed about the National Applications Office program, they had not yet been provided with documents defining the limits and legal guidance about the program. [They] sent a letter to Homeland Security saying, "We are so concerned that ... we are calling for a moratorium on the program. Today's testimony made clear that there is effectively no legal framework governing the domestic use of satellite imagery for the various purposes envisioned by the department."

One after another, the men and women who have stepped forward to report corruption in the massive effort to rebuild Iraq have been vilified, fired and demoted. Or worse. For daring to report illegal arms sales, Navy veteran Donald Vance says he was imprisoned by the American military in a security compound outside Baghdad and subjected to harsh interrogation methods. He had thought he was doing a good and noble thing when he started telling the FBI about the guns and the land mines and the rocket-launchers — all of them being sold for cash, no receipts necessary, he said. The buyers were Iraqi insurgents, American soldiers, State Department workers, and Iraqi embassy and ministry employees. The seller, he claimed, was the Iraqi-owned company he worked for, Shield Group Security Co. “It was a Wal-Mart for guns,” he says. “It was all illegal and everyone knew it.” So Vance says he blew the whistle, supplying photos and documents and other intelligence to an FBI agent in his hometown of Chicago because he didn’t know whom to trust in Iraq. For his trouble, he says, he got 97 days in Camp Cropper, an American military prison outside Baghdad. Congress gave more than $30 billion to rebuild Iraq, and at least $8.8 billion of it has disappeared. “If you do it, you will be destroyed,” said William Weaver, professor of political science at the University of Texas-El Paso and senior advisor to the National Security Whistleblowers Coalition. “Reconstruction is so rife with corruption. Sometimes people ask me, ‘Should I do this?’ And my answer is no. If they’re married, they’ll lose their family. They will lose their jobs. They will lose everything,” Weaver said.

The Bush administration acknowledged for the first time that telecommunications companies assisted the government's warrantless surveillance program and were being sued as a result, an admission some legal experts say could complicate the government's bid to halt numerous lawsuits challenging the program's legality. "[U]nder the president's program, the terrorist surveillance program, the private sector had assisted us," Director of National Intelligence Mike McConnell said in an interview with the El Paso Times. His statement could help plaintiffs in dozens of lawsuits against the telecom companies, which allege that the companies participated in a wiretapping program that violated Americans' privacy rights. David Kris, a former Justice Department official, ... said McConnell's admission makes it difficult to argue that the phone companies' cooperation with the government is a state secret. "It's going to be tough to continue to call it 'alleged' when he's just admitted it," Kris said. McConnell has just added to "the list of publicly available facts that are no longer state secrets," increasing the plaintiffs' chances that their cases can proceed, Kris said. McConnell's statement "does serious damage to the government's state secrets claims that are at the heart of its defenses," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Bruce Fein, an associate deputy attorney general in the Reagan administration, said that McConnell's disclosure shows that "an important element of a program can be discussed publicly and openly without endangering the nation. These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts," he said.

Broad new surveillance powers approved by Congress this month could allow the Bush administration to conduct spy operations that go well beyond wiretapping to include — without court approval — certain types of physical searches on American soil and the collection of Americans’ business records. “This may give the administration even more authority than people thought,” said David Kris, a former senior Justice Department lawyer in the Bush and Clinton administrations. Several legal experts said that by redefining the meaning of “electronic surveillance,” the new law narrows the types of communications covered in the Foreign Intelligence Surveillance Act, known as FISA, by indirectly giving the government the power to use intelligence collection methods far beyond wiretapping that previously required court approval if conducted inside the United States. These new powers include the collection of business records, physical searches and so-called “trap and trace” operations, analyzing specific calling patterns. For instance, the legislation would allow the government, under certain circumstances, to demand the business records of an American in Chicago without a warrant if it asserts that the search concerns its surveillance of a person who is in Paris, experts said. Some civil rights advocates said they suspected that the administration made the language of the bill intentionally vague to allow it even broader discretion over wiretapping decisions. The end result ... is that the legislation may grant the government the right to collect a range of information on American citizens inside the United States without warrants, as long as the administration asserts that the spying concerns the monitoring of a person believed to be overseas.

Important Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.