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Who's Afraid of George W. Bush?

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White House spokeswoman Dana Perino went even further, in an appearance on Fox News: "Now, remember, this is a bare minimum of what Mike McConnell, the DNI, said he needed," she said. "And I see today that some people are saying that this is a wild expansion of powers for the president. That could not be further from the truth. Only in a Democratic spin room could they come up with expansion of powers when you have to -- when what we actually did was return the law to its original intent, which was you don't need a warrant to go after foreigners you reasonably believe to be overseas."

Greg Miller writes in the Los Angeles Times: "In a public relations push to counter criticism of the new law, senior administration officials cited a combination of legal barriers and resource restrictions that they said would keep the government from sifting through e-mails and phone calls of Americans without obtaining court warrants first.

"But officials declined to provide details about how the new capabilities might be used by the National Security Agency and other spy services. And in many cases, they could point only to internal monitoring mechanisms to prevent abuse of the new rules that appear to give the government greater authority to tap into the traffic flowing across U.S. telecommunications networks. . . .

"[I]ntelligence experts said there were an array of provisions in the new legislation that appeared to make it possible for the government to engage in intelligence-collection activities that the Bush administration officials were discounting.

"'They are trying to shift the terms of the debate to their intentions and away from the meaning of the new law,' said Steven Aftergood, an intelligence policy analyst at the Federation of American Scientists.

"'The new law gives them authority to do far more than simply surveil foreign communications abroad,' he said. 'It expands the surveillance program beyond terrorism to encompass foreign intelligence. It permits the monitoring of communications of a U.S. person as long as he or she is not the primary target. And it effectively removes judicial supervision of the surveillance process.'"

Katherine Shrader writes for the Associated Press that despite the White House statements, "the law's wording -- underscored by conversations with administration officials -- shows the rules governing when and how Americans' calls and e-mails will be monitored have changed significantly."

And Shrader spots a "little-noticed provision of the bill. While the law expires in February unless Congress acts to extend it, any surveillance orders that are in place when it sunsets can last up to a full year."

Meanwhile...

Michael Isikoff writes for Newsweek that "a team of FBI agents, armed with a classified search warrant, raided the suburban Washington home of a former Justice Department lawyer," apparently as part of a "criminal probe into who leaked details of the warrantless eavesdropping program to the news media. The raid appears to be the first significant development in the probe since The New York Times reported in December 2005 that Bush had authorized the National Security Agency to eavesdrop on the international phone calls and e-mails of U.S. residents without court warrants."

Opinion Watch

The Washington Post editorial board wrote on Monday: "The Democratic-led Congress, more concerned with protecting its political backside than with safeguarding the privacy of American citizens, left town early yesterday after caving in to administration demands that it allow warrantless surveillance of the phone calls and e-mails of American citizens, with scant judicial supervision and no reporting to Congress about how many communications are being intercepted. To call this legislation ill-considered is to give it too much credit: It was scarcely considered at all. Instead, it was strong-armed through both chambers by an administration that seized the opportunity to write its warrantless wiretapping program into law -- or, more precisely, to write it out from under any real legal restrictions. . . .

"The government will now be free to intercept any communications believed to be from outside the United States (including from Americans overseas) that involve 'foreign intelligence' -- not just terrorism. It will be able to monitor phone calls and e-mails of U.S. citizens or residents without warrants -- unless the subject is the 'primary target' of the surveillance. Instead of having the Foreign Intelligence Surveillance Act court ensure that surveillance is being done properly, with monitoring of Americans minimized, that job would be up to the attorney general and the director of national intelligence. The court's role is reduced to that of rubber stamp."

The New York Times editorial board writes: "It was appalling to watch over the last few days as Congress -- now led by Democrats -- caved in to yet another unnecessary and dangerous expansion of President Bush's powers, this time to spy on Americans in violation of basic constitutional rights. . . .


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