Smoke and Mirrors? Gonzales, Adminsitration to Allow FISA Oversight

Posted on January 18, 2007
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In a surprise move the Justice Department announced Wednesday that they would allow oversight by the Foreign Intelligence Security Court, known as the FISA Court, to oversee the NSA program to wiretap Americans with suspected ties to terrorists.

There is enough of the typical doublespeak and obfuscation in the announcement, that it is reasonable to suspect that the move has more to do with trying to deflect Congressional oversight than to create any real reform.

One aspect to be questioned is does this change reflect all warrants formerly overseen by FISA, and two is it the same case by case oversight that was the rule in past administrations, rather than some blanket ruling by a friendly judge in secrecy.

A NY Times article hints at these questions.

In the end, we can hope this means better compliance with established law going forward. But when someone stops breaking the law does not absolve them of their earlier crimes. Whether or not there is any sanction for the administration, the Justice Department, and the NSA for past crimes against American citizens, these issues need resolution so that the limits of executive power in this area is well-defined.

From the Times:
“The announcement today is welcome news,” said Senator John D. Rockefeller IV, the West Virginia Democrat who leads the Intelligence Committee. “But it is also confirmation that the administration’s go-it-alone approach, effectively excluding Congress and the courts and operating outside the law, was unnecessary.”

Mr. Rockefeller added, “I intend to move forward with the committee’s review of all aspects of this program’s legality and effectiveness.

The correct action for Congress, given the circumstances, is to do what was always to be done: provide comprehensive oversight, and investigate any violations of law.