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Skriven 2006-01-04 23:33:04 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0601047) for Wed, 2006 Jan 4
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Setting the Record Straight: Critics Launch Attacks Against Program to
Detect and Prevent Terrorist Attacks
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For Immediate Release
January 4, 2006

Setting the Record Straight: Critics Launch Attacks Against Program to
Detect and Prevent Terrorist Attacks



"Critics have stepped up their attacks on the President for authorizing the
National Security Agency to listen to international communications of known
al Qaeda members or affiliated terrorists during a time of war. The
American people expect their leaders to stay a step ahead of the enemy, and
the National Security Agency authorization is a critical tool in the War on
Terror that saves lives and protects civil liberties at the same time."

- Scott McClellan, White House Press Secretary

Setting The Record Straight On Separate NSA Activities To Safeguard
Americans.

Representative Nancy Pelosi (D-CA) Expresses Concern That The NSA Was
Conducting Surveillance Without Presidential Authority In The Aftermath Of
9/11. "During your appearance before the committee on October 1, you
indicated that you had been operating since the September 11 attacks with
an expansive view of your authorities with respect to the conduct of
electronic surveillance under the Foreign Intelligence Surveillance Act and
related statutes, orders, regulations, and guidelines. ... Therefore, I am
concerned whether, and to what extent, the National Security Agency has
received specific presidential authorization for the operations you are
conducting. Until I understand better the legal analysis regarding the
sufficiency of the authority which underlies your decision on the
appropriate way to proceed on this matter, I will continue to be
concerned." (Rep. Nancy Pelosi, Letter To Lieutenant General Michael V.
Hayden, 10/11/01)

    But These Were Separate NSA Activities Based On Previously Granted
    Authority.

  þ General Hayden Was Briefing On The NSA's Electronic Surveillance
    Activities, Not The Program Authorized By The President. "An
    intelligence official close to Hayden said that his appearance on Oct.
    1, 2001, before the House committee had been to discuss Executive Order
    12333, and not the new NSA program. The order, signed by President
    Ronald Reagan in 1981, gave guidance and specific instructions about
    the intelligence activities that the U.S. government could engage in."
    (Dafna Linzer, "Secret Surveillance May Have Occurred Before
    Authorization," The Washington Post, 1/4/06)

  þ These NSA Actions Had Been Authorized Since 1981. "Bush administration
    officials said on Tuesday that General Hayden, now the country's No. 2
    intelligence official, had acted on the authority previously granted to
    the N.S.A., relying on an intelligence directive known as Executive
    Order 12333, issued by President Ronald Reagan in 1981. That order set
    guidelines for the collection of intelligence, including by the N.S.A.
    'He had authority under E.O. 12333 that had been given to him, and he
    briefed Congress on what he did under those authorities,' said Judith
    A. Emmel, a spokeswoman for the Office of the Director of National
    Intelligence. 'Beyond that, we can't get into details of what was
    done.'" (Eric Lichtblau And Scott Shane, "Files Say Agency Initiated
    Growth of Spying Effort," The New York Times, 1/4/06)


Setting The Record Straight On The Terrorist Ties Of Intercepted
Communications.

Senator Dick Durbin (D-IL) Says The National Security Agency (NSA) Is
Eavesdropping On American Citizens With No "Indication Of Wrongdoing." SEN.
DURBIN: "And in passing the Patriot Act, we gave the government new
authority, but we didn't give the National Security Agency the authority to
spy on American citizens without any indication of wrongdoing." (CBS'
"Early Show," 12/17/05)

    But The NSA Authorization Is Solely For Intercepting Communications Of
    Suspected Al Qaeda Members Or Related Terrorist Groups.

  þ Ranking Democrat On The House Intelligence Committee Representative
    Jane Harman (D-CA) Calls The NSA Program "Essential" To Targeting Al
    Qaeda. "As the Ranking Democrat on the House Intelligence Committee, I
    have been briefed since 2003 on a highly classified NSA foreign
    collection program that targeted Al Qaeda. I believe the program is
    essential to US national security and that its disclosure has damaged
    critical intelligence capabilities." (Rep. Jane Harman, Harman
    Statement On NSA Electronic Surveillance Program, Press Release,
    12/21/05)


  þ The Program Targets Suspected "Al Qaeda Communications." DEPUTY
    DIRECTOR OF NATIONAL INTELLIGENCE GENERAL MICHAEL HAYDEN: "Again, I
    make the point, what we are talking about here are communications we
    have every reason to believe are al Qaeda communications, one end of
    which is in the United States. And I don't think any of us would want
    any inefficiencies in our coverage of those kinds of communications,
    above all. And that's what this program allows us to do - it allows us
    to be as agile as operationally required to cover these targets." (The
    White House, Press Briefing, 12/19/05)


  þ The Government Has "A Reasonable Basis To Conclude That One Party To
    The Communication" Is Affiliated With Al Qaeda. ATTORNEY GENERAL
    ALBERTO GONZALES: "Another very important point to remember is that we
    have to have a reasonable basis to conclude that one party to the
    communication is a member of al Qaeda, affiliated with al Qaeda, or a
    member of an organization affiliated with al Qaeda, or working in
    support of al Qaeda. We view these authorities as authorities to
    confront the enemy in which the United States is at war with - and that
    is al Qaeda and those who are supporting or affiliated with al Qaeda.
    What we're trying to do is learn of communications, back and forth,
    from within the United States to overseas with members of al Qaeda. And
    that's what this program is about." (The White House, Press Briefing,
    12/19/05)


Setting The Record Straight On The Scope Of The Program.

Senator Robert Byrd (D-WV) Says The NSA Is Conducting Domestic Surveillance
Of Calls. "He has rationalized the use of domestic, civilian surveillance
with a flimsy claim that he has such authority because we are at war."
(Sen. Byrd, "No President Is Above The Law," Press Release, 12/19/05)

    But The NSA Authorization Is Solely For Intercepting International
    Calls.

  þ One Party On The Call Has To Be Outside The United States. ATTORNEY
    GENERAL GONZALES: "The President has authorized a program to engage in
    electronic surveillance of a particular kind, and this would be the
    intercepts of contents of communications where one of the - one party
    to the communication is outside the United States. And this is a very
    important point - people are running around saying that the United
    States is somehow spying on American citizens calling their neighbors.
    Very, very important to understand that one party to the communication
    has to be outside the United States." (The White House, Press Briefing,
    12/19/05)


Setting The Record Straight On The Use Of The FISA Court.

Senator Joe Biden (D-DE) Says The Administration Should Be Using The FISA
Court. "There is nothing the president needed to do to protect Americans
that could not have been done through FISA. Since 1979, the FISA court has
received some 19,000 requests and approved all but five of them. The
administration's assertion that it needed to bypass the court is out of
bounds." (Sen. Joseph Biden, Op-Ed, "No President Is Above Our
Constitution," The Miami Herald, 1/1/06)

    But The Program Provides The Speed And Agility Needed To Prosecute The
    War On Terror.

  þ The Government Continues To Use The FISA Court But Must Preserve The
    Flexibility To Act With Speed In All Circumstances. ATTORNEY GENERAL
    ALBERTO GONZALES: "Well, we continue to go to the FISA court and obtain
    orders. It is a very important tool that we continue to utilize. ...
    The operators out at NSA tell me that we don't have the speed and the
    agility that we need, in all circumstances, to deal with this new kind
    of enemy. You have to remember that FISA was passed by the Congress in
    1978. There have been tremendous advances in technology ... since
    then." (The White House, Press Briefing, 12/19/05)


  þ Because Of Its Speed, The NSA Program Has Provided Crucial Information
    Otherwise Not Available. GENERAL HAYDEN: "I can say unequivocally, all
    right, that we have got information through this program that would not
    otherwise have been available." QUESTION: "Through the court? Because
    of the speed that you got it?" GENERAL HAYDEN: "Yes, because of the
    speed, because of the procedures, because of the processes and
    requirements set up in the FISA process, I can say unequivocally that
    we have used this program in lieu of that and this program has been
    successful." (The White House, Press Briefing, 12/19/05)


  þ Former Clinton Administration Associate Attorney General Writes That
    "FISA Does Not Anticipate A Post-Sept. 11 Situation." "The
    administration has offered the further defense that FISA's reference to
    surveillance 'authorized by statute' is satisfied by congressional
    passage of the post-Sept. 11 resolution giving the president authority
    to 'use all necessary and appropriate force' to prevent those
    responsible for Sept. 11 from carrying out further attacks. The
    administration argues that obtaining intelligence is a necessary and
    expected component of any military or other use of force to prevent
    enemy action. But even if the NSA activity is 'electronic surveillance'
    and the Sept. 11 resolution is not 'statutory authorization' within the
    meaning of FISA, the act still cannot, in the words of the 2002 Court
    of Review decision, 'encroach upon the president's constitutional
    power.' FISA does not anticipate a post-Sept. 11 situation. What was
    needed after Sept. 11, according to the president, was surveillance
    beyond what could be authorized under that kind of individualized
    case-by-case judgment. It is hard to imagine the Supreme Court
    second-guessing that presidential judgment." (John Schmidt, Op-Ed,
    "President Had Legal Authority To OK Taps," The Chicago Tribune,
    12/21/05)


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