Tuesday, January 24, 2006

What a Tangled Web

They can't stop lying, even though the loose ends of their lies keep wrapping around their throats to strangle them.

Yesterday Gen. Hayden claimed the Administration may use a lower evidentiary standard than required by both the Constitution (when it comes to citizens) and FISA (when it comes to non-US persons). The Administration claims that their domestic spying is legal and Constitutional and approved by Congress.

But Glenn Greenwald (via Atrios) identifies yet another lie in the Administration's argument.
In June, 2002, Republican Sen. Michael DeWine of Ohio introduced legislation (S. 2659) which would have eliminated the exact barrier to FISA which Gen. Hayden yesterday said is what necessitated the Administration bypassing FISA.

...

During that time, the Administration was asked to advise Congress as to its position on this proposed amendment to loosen the standard for obtaining FISA warrants ... submitted a Statement from James A. Baker, the Justice Department lawyer who oversees that DoJ's Office of Intelligence Policy and Review ...

The response from Bush's Administration: FISA's provisions were adequate, the Administration was not having any problem getting the warrants it needed, the evidentiary standard was not an obstacle, and it might very well be unConstitutional to change the standard, therefore the Administration would not support DeWine's amendment.

Congress also failed to pass DeWine's amendment.

Even during the debate over the Amendment, the Administration had already begun bypassing FISA. Yet now they claim it was all aboveboard and legal, and that Congress was briefed and approved.

Liars all.

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