Quote:

Top 12 media myths and falsehoods on the Bush administration's spying scandal
Summary: Media Matters presents the top 12 myths and falsehoods promoted by the media on President Bush's spying scandal stemming from the recent revelation in The New York Times that he authorized the National Security Agency (NSA) to eavesdrop on domestic communications without the required approval of the Foreign Intelligence Surveillance court.
As The New York Times first revealed on December 16, President Bush issued a secret presidential order shortly after the September 11, 2001, terrorist attacks that authorized the National Security Agency (NSA) to eavesdrop on international phone and email communications that originate from or are received within the United States, and to do so without the court approval normally required under the Foreign Intelligence Surveillance Act (FISA). Facing increasing scrutiny, the Bush administration and its conservative allies in the media have defended the secret spying operation with false and misleading claims that have subsequently been reported without challenge across the media. So, just in time for the holidays, Media Matters for America presents the top myths and falsehoods promoted by the media on the Bush administration's spying scandal.
1: Timeliness necessitated bypassing the FISA court
Various media outlets have uncritically relayed President Bush's claim that the administration's warrantless domestic surveillance is justified because "we must be able to act fast ... so we can prevent new [terrorist] attacks." But these reports have ignored emergency provisions in the current law governing such surveillance -- FISA -- that allow the administration to apply to the Foreign Intelligence Surveillance Court for a search warrant up to 72 hours after the government begins monitoring suspects' phone conversations. The existence of this 72-hour window debunks the argument that the administration had to bypass the law to avoid delay in obtaining a warrant. The fact that the administration never retroactively sought a warrant from the FISA court for its surveillance activities suggests that it was not the need to act quickly that prevented the administration from complying with the FISA statute, but, rather, the fear of being denied the warrant.
2: Congress was adequately informed of -- and approved -- the administration's actions
Conservatives have sought to defend the secret spying operation by falsely suggesting that the Bush administration adequately informed Congress of its actions and that Congress raised no objections. For example, on the December 19 broadcast of Westwood One's The Radio Factor, host Bill O'Reilly claimed that the NSA's domestic surveillance "wasn't a secret program" because "the Bush administration did keep key congressional people informed they were doing this." The claim was also featured in a December 21 press release by the Republican National Committee (RNC).
In fact, both Republicans and Democrats in Congress have said that the administration likely did not inform them of the operation to the extent required by the National Security Act of 1947, as amended in 2001. Members of both parties have also said that the objections they did have were ignored by the administration and couldn't be aired because the program's existence was highly classified.
As The New York Times reported on December 21, Rep. Peter Hoekstra (R-MI), former Sen. Bob Graham (D-FL), Senate Intelligence Committee ranking member John D. Rockefeller IV (D-WV), and Senate Democratic Leader Harry Reid (D-NV) have stated that they did not receive written reports from the White House on the surveillance operation, as required by the National Security Act:
The demand for written reports was added to the National Security Act of 1947 by Congress in 2001, as part of an effort to compel the executive branch to provide more specificity and clarity in its briefings about continuing activities. President Bush signed the measure into law on Dec. 28, 2001, but only after raising an objection to the new provision, with the stipulation that he would interpret it "in a manner consistent with the president's constitutional authority" to withhold information for national-security or foreign-policy reasons.
[...]
n interviews, Mr. Hoekstra, Mr. Graham and aides to Mr. Rockefeller and Mr. Reid all said they understood that while the briefings provided by [Vice President Dick] Cheney might have been accompanied by charts, they did not constitute written reports. The 2001 addition to the law requires that such reports always be in written form, and include a concise statement of facts and explanation of an activity's significance.
Further, Rockefeller recently released a copy of a letter he wrote to Cheney on July 17, 2003, raising objections to the secret surveillance operation. As the Times reported on December 20, Rockefeller said on December 19 that his concerns "were never addressed, and I was prohibited from sharing my views with my colleagues" because the briefings were classified. The December 21 Times report noted that House Democratic Leader Nancy Pelosi (D-CA) said she too sent a letter to the Bush administration objecting to the secret surveillance operation, and that Graham alleged that he was never informed "that the program would involve eavesdropping on American citizens."



To be Con't
Media Matters

Fair play!