Official: Bush authorized spying multiple times

Times: Cheney told of program
Vice President Dick Cheney and Bush chief of staff Andrew Card went to the Capitol Friday to meet with congressional leaders and the top members of the intelligence committees, who are often briefed on spy agencies’ most classified programs. The Times said they had been previously told of the program. Members and their aides would not discuss the subject of the closed sessions Friday.

The intelligence official would not provide details on the operations or examples of success stories. He said senior national security officials are trying to fix problems raised by the Sept. 11 commission, which found that two of the suicide hijackers were communicating from San Diego with al-Qaida operatives overseas.

“We didn’t know who they were until it was too late,” the official said.

Some intelligence experts who believe in broad presidential power argued that Bush would have the authority to order searches without warrants under the Constitution.

In a case unrelated to NSA eavesdropping in this country, the administration has argued that the president has vast authority to order intelligence surveillance without warrants “of foreign powers or their agents.”

“Congress cannot by statute extinguish that constitutional authority,” the Justice Department said in a 2002 legal filing with the Foreign Intelligence Surveillance Court of Review.

Other intelligence veterans found difficulty with the program in light of the 1978 Foreign Intelligence Surveillance Act, passed after the intelligence community came under fire for spying on Americans. That law gives government — with approval from a secretive U.S. court — the authority to conduct covert wiretaps and surveillance of suspected terrorists and spies.

No comment from NSA
In a written statement, NSA spokesman Don Weber said the agency would not provide any information on the reported surveillance program. “We do not discuss actual or alleged operational issues,” he said.

Elizabeth Rindskopf Parker, former NSA general counsel, said it was troubling that such a change would have been made by executive order, even if it turns out to be within the law.

Parker, who has no direct knowledge of the program, said the effect could be corrosive. “There are programs that do push the edge, and would be appropriate, but will be thrown out,” she said.

Prior to 9/11, the NSA typically limited its domestic surveillance activities to foreign embassies and missions — and obtained court orders for such investigations. Much of its work was overseas, where thousands of people with suspected terrorist ties or other valuable intelligence may be monitored.

The report surfaced as the administration and its GOP allies on Capitol Hill were fighting to save provisions of the expiring USA Patriot Act that they believe are key tools in the fight against terrorism. An attempt to rescue the approach favored by the White House and Republicans failed on a procedural vote.

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