Source/Letters: AP
Link:
http://news.findlaw.com/ap/p/56/02-27-2006/51f8001dcdf94958.html
Sunday, Feb. 26, 2006
Eighteen Democrats seek special counsel
to investigate NSA's eavesdropping
By KATHERINE SHRADER Associated Press Writer
(AP) - WASHINGTON-Attorney General Alberto Gonzales should appoint a special
counsel to investigate the legality of the Bush administration's
eavesdropping program, 18 House Democrats told President George W. Bush in a
letter released Monday.
The lawmakers said the surveillance of terrorists must be done within the
bounds of U.S. law, but complained that their efforts to get answers to
legal and factual questions about the program have been stymied - "generally
based on the feeblest of excuses."
"If the effort to prevent vigorous and appropriate investigation succeeds,
we fear the inexorable conclusion will be that these executive branch
agencies hold themselves above the law and accountable to no one," wrote the
lawmakers, led by Rep. Zoe Lofgren, a member of the Judiciary and Homeland
Security committees.
A White House spokeswoman, reached Sunday in advance of the letter's
release, declined to comment immediately.
The lawmakers initially asked the independent watchdogs at the Justice and
Defense departments to open inquiries. Both declined.
Justice's inspector general Glenn Fine said he lacked authority, and
deferred to the department's Office of Professional Responsibility. That
office has said it is investigating the conduct of the department's lawyers,
but not the program's lawfulness.
Congress' investigative arm, the General Accountability Office, similarly
declined to open a review, noting the administration would be expected to
designate the necessary documents as foreign intelligence materials and
limit access to them.
The Democrats see "ample precedent" for a special counsel, citing the
Justice Department's appointment of U.S. attorney Patrick Fitzgerald to
investigate the leak of the identity of CIA operative Valerie Plame.
After 22 months of investigation, Fitzgerald indicted the vice president's
chief of staff, I. Lewis "Scooter" Libby, for allegedly lying about his role
in the disclosure.
"Indeed, the allegation of a secret NSA spying program conducting
warrantless domestic surveillance of U.S. persons is at least as serious" as
the matter Fitzgerald investigated, the Democrats wrote.
In their six-page letter, the Democrats said the special counsel should
investigate any possible violation of federal criminal law, noting that the
Foreign Intelligence Surveillance Act says the monitoring of U.S. citizens
and residents - without a warrant - is punishable by imprisonment.
Bush administration officials have argued the program does not fall within
that law. They say Bush was exercising his constitutional authority as
commander in chief when he allowed the National Security Agency to monitor -
without court approval - the international calls and e-mails of people
inside the U.S. when one party may be linked to terrorism.
The administration also maintains the president had the power to order the
surveillance under a broad 2001 authorization to use military force in the
war on terror.
The 18 lawmakers also want the special counsel to consider any crimes that
may be committed to interfere with the investigation, including perjury,
obstruction of justice, destruction of evidence and witness intimidation.
The request harkens back to Libby, who was not indicted specifically for
leaking Plame's name, but for an alleged cover-up that included five counts
of obstruction of justice, perjury and making false statements to FBI
agents.
2006-02-27T05:16:01Z
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Received on Sat Mar 02 2024 - 00:57:18 CST