[Mb-civic] Probe Set In NSA Bugging - Washington Post

[William Swiggard]

Probe Set In NSA Bugging

By Dan Eggen
Washington Post Staff Writer
Wednesday, January 11, 2006; A04

The National Security Agency's inspector general has opened an 
investigation into eavesdropping without warrants in the United States 
by the agency authorized by President Bush after the Sept. 11, 2001, 
attacks, according to a letter released late yesterday.

The Pentagon's acting inspector general, Thomas F. Gimble, wrote that 
his counterpart at the NSA "is already actively reviewing aspects of 
that program" and has "considerable expertise in the oversight of 
electronic surveillance," according to the letter sent to House 
Democrats who have requested official investigations of the NSA program.

Gimble's letter appears to confirm that an internal investigation into 
the NSA's domestic eavesdropping program, authorized by Bush in a secret 
order revealed in recent weeks, is underway. The Justice Department has 
opened a separate criminal investigation into the leak of the highly 
classified program's existence.

Officials in NSA Inspector General Joel Brenner's office could not be 
reached for comment last night.

A group of 39 House Democrats wrote Gimble and other officials last 
month requesting investigations into the legality of the NSA program. 
Gimble responded that his office would decline to launch its own 
investigation because of the ongoing NSA probe.

Another inspector general, Glenn A. Fine of the Justice Department, told 
the same group of lawmakers in a recent letter that his office does not 
have jurisdiction. The Democrats responded with a letter to Fine on 
Monday, arguing that both the inspector general statute and the USA 
Patriot Act require Fine's office to get involved.

Bush, who has joined his aides in an unusually public defense of the 
secret program, said last month that "the NSA's activities under this 
authorization are thoroughly reviewed by the Justice Department and 
NSA's top legal officials, including NSA's general counsel and inspector 
general."

Rep. Zoe Lofgren (D-Calif.) said NSA's inspector general should not be 
conducting an investigation if the office has played a role in approving 
the program.

"The inspector general for NSA has repeatedly reviewed this and okayed 
it, . . . so I don't know how his investigation is going to get a new 
set of eyes on this," Lofgren said. "How are they going to be able to 
investigate themselves?"

Justice officials said the request has been referred to the department's 
Office of Professional Responsibility. As the current attorney general 
and previous White House counsel, Alberto R. Gonzales played a central 
role in reviewing the wiretapping effort's legality and has strongly 
defended it in recent public statements.

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/10/AR2006011001552.html?nav=hcmodule
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