WASHINGTON-Congress’ research unit said the Bush administration’s program to wiretap cell phones, landline phones and e-mails without court orders may be violating U.S. law.
The White House defends the wiretap program. The National Security Agency conducts the program, which is supposedly limited to communications between the U.S. and abroad where the government has a reasonable basis to believe one party is associated with terrorist group al Qaeda.
The president is required by law to notify certain members and committees of Congress-known as Gang of Eight-about intelligence activities, but the White House has more leeway with notification where highly sensitive covert actions are involved.
The Congressional Research Service said the NSA’s warrantless eavesdropping appears to be intelligence gathering rather than a covert activity.
“If the NSA surveillance program were to be considered an intelligence collection program-limiting congressional notification of the NSA program to the Gang of Eight-which some members who were briefed about the program contend, it would appear to be inconsistent with the law, which requires that the ‘congressional intelligence committees be kept fully and currently informed of all intelligence activities,’ other than those involving covert actions,” CRS stated in a memo requested by Rep. Jane Harman (D-Calif.), ranking minority member of the House Intelligence Committee.
Two lawsuits challenging the wiretap program were filed this week against the NSA.
Meantime, the Electronic Privacy Information Center filed a Freedom of Information Act suit against the Department of Justice, asking a federal court to order the disclosure of information about the administration’s warrantless domestic surveillance program within 20 days. EPIC said the Justice Department played a key role in authorizing, implementing and overseeing the NSA’s domestic surveillance activities.
