[Mb-civic] Bill Would Allow Warrantless Spying - Washington Post

[William Swiggard]

Bill Would Allow Warrantless Spying
GOP Plan Would Bring Surveillance Under Review of Congress, FISA Court

By Charles Babington
Washington Post Staff Writer
Friday, March 17, 2006; A05

The Bush administration could continue its policy of spying on targeted 
Americans without obtaining warrants, but only if it justifies the 
action to a small group of lawmakers, under legislation introduced 
yesterday by key Republican senators.

The four senators hope to settle the debate over National Security 
Agency eavesdropping on international communications involving Americans 
when one of the parties is suspected of terrorist ties. President Bush 
prompted a months-long uproar when he said that constitutional powers 
absolve him of the need to seek warrants in such cases, even though the 
1978 Foreign Intelligence Surveillance Act requires warrants for 
domestic wiretaps.

The program, begun in 2001, was first publicized late last year.

The bill would allow the NSA to eavesdrop, without a warrant, for up to 
45 days per case, at which point the Justice Department would have three 
options. It could drop the surveillance, seek a warrant from FISA's 
court, or convince a handful of House and Senate members that although 
there is insufficient evidence for a warrant, continued surveillance "is 
necessary to protect the United States," according to a summary the four 
sponsors provided yesterday. They are Mike DeWine (Ohio), Lindsey O. 
Graham (S.C.), Chuck Hagel (Neb.) and Olympia J. Snowe (Maine).

All but Graham are members of the sharply divided intelligence 
committee, whose Democratic members have unsuccessfully sought an 
investigation into the NSA program. Hagel and Snowe threatened last 
month to join the Democrats' request unless the administration and 
Congress agreed on a way to bring the wiretap program under the review 
of FISA's court and Congress.

It is far from clear whether the bill can win passage. Senate Judiciary 
Committee Chairman Arlen Specter (R-Pa.) -- whose panel plays a major 
role in the surveillance matter -- pointed his thumb down yesterday when 
asked about the measure. He said he particularly objects to letting the 
government "do whatever the hell it wants" for 45 days without seeking 
judicial or congressional approval.

The Senate intelligence committee's chairman, Pat Roberts (R-Kan.), who 
has defended the administration's actions, said seven members of a newly 
appointed subcommittee should be given time "to complete their review of 
the program before moving ahead with legislation." He added: "I am 
concerned that some of the procedural requirements included in the bill 
may limit the program's effectiveness."

Committee Vice Chairman John D. Rockefeller IV (D-W.Va.) said through a 
spokeswoman that it is "too soon to consider legislation until the 
oversight subcommittee can answer critical questions about the program."

DeWine told reporters that White House officials "agree with the general 
concept" of the bill. Most Americans think "this type of surveillance 
should continue," he said, but Congress must impose oversight.

Details of the program, and Justice Department requests for exemptions 
from FISA warrants, would go only to the seven-member Senate 
subcommittee and a similar House intelligence subcommittee yet to be 
named. Both subcommittees would include Democrats and Republicans.

The bill introduced yesterday calls for fines of up to $1 million and 
prison terms of up to 15 years for those who disclose "classified 
information related to the Terrorist Surveillance Program," the 
administration's name for the NSA operation. The penalties would not 
apply to journalists.

http://www.washingtonpost.com/wp-dyn/content/article/2006/03/16/AR2006031601861.html
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