DOJ's response to NSA program.

[kpete]

"The purpose of this letter is to provide an additional brief summary of the legal authority supporting the NSA activities described by the president.
U. S. Department of' Justice

December 22,2005
The Honorable Pat Roberts The Honorable John D. Rockefeller, IV
Chairman Vice Chairman
Senate Select Committcc on Intelligence Senate Select Committee on Intelligence
United States Senatc United States Senate
Washington, D.C. 205 10 Washington, D.C. 205 10
Thc Honorable Peter Hoekstra

Chairman
Permanent Sclect Committee
on Intelligence
U.S. House of Representatives
Washington, D.C. 205 15
The Honorable Jane Harman
Ranking Minority Member
Permanent Select Committee
on Intelligence
U.S. House of Representatives
Washington, D.C. 205 15

Dear Chairmen Roberts and Hoekstra. Vice Chairman Rockefeller, and Ranking Member Harman:

As you know, in responsc to unauthorized disclosures in the media, the President has
described certain activitics of the National Security Agency ("NSA") that he has authorized since
shortly after Septcmber 1 1,200 1 . As described by the President, the NSA intercepts certain
international communications into and out of the United States of people linked to al Qaeda or an
affiliated terrorist organization. The purpose of these intercepts is to establish an early warning
system to detect and prcvent another catastrophic terrorist attack on the IJnited States. The
President has made clear that he will use his constitutional and statutory authorities to protect the
Amer~can people from further terrorist attacks, and the NSA activities the President described are
part of that effort. Leaders of the Congress were briefed on these activities more than a dozen
tlnies.

The purpose of this letter is to provide an additional brief summary of the legal authority
supporting the NSA activities described by the President.





The NSA activities described by the President are also consistent with the Fourth
Amendment and the protection of civil liberties. The Fourth Amendment's "central requirement is
one of reasonableness." Illinois v. McArthur, 53 1 U.S. 326,330 (2001) (internal quotation marks
omitted). For searches conducted in the course of ordinary criminal law enforcement,
reasonableness generally requires securing a warrant. See Bd. ofEduc, v. Earls, 536 U.S. 822, 828
(2002). Outside the ordinary criminal law enforcement context, however, the Supreme Court has,
at times, dispensed with the warrant, instead adjudging the reasonableness of a search under the
totality of the circumstances. See United States v. Knights, 534 U.S. 112, 118 (2001). In
particular, the Supreme Court has long recognized that "special needs, beyond the normal need for
law enforcement," can justify departure from the usual warrant requirement. Vernonia School Dis!.
47J v. Acton, 5 15 U.S. 646, 653 (1995); see also Ci@ ofIndianapolis v. Edmot~d, 531 U.S. 32.41-
42 (2000) (striking down checkpoint where "primary purpose was to detect evidence of ordinary
criminal wrongdoing").



As explained above. the President determined that it was necessary following September 1 1
to create an early warning detection system. FISA could not have provided the speed and agility
required for the early warning detection system. In addition, any legislative change, other than the
AUMF, that the President might have sought specifically to create such an early warning system
would have been public and would have tipped off our enemies concerning our intelligence
limitations and capabilities. Nevertheless, I want to stress that the United States makes full use of
FISA to address the terrorist threat, and FISA has proven to be a very important tool, especially in
longer-term investigations. In addition, the United States is constantly assessing all available legal
options, taking full advantage of any developments in the law.
We hope this information is helpful

Sincerely,
William E. Moschella
Assistant Attorney General

more "Bullshit" at:
http://www.nationalreview.com/pdf/12%2022%2005%20NSA%20letter.pdf

[emulatorloo]

1. Difficult to get past "The Honorable Pat Roberts"

since that set off my BS detector (I know, standard greeting, but PLEASE!!!!!)

At anyrate, seems like torture-boy Gonzales trained Moschella well!

[Maine-ah]

2. what's with all the spelling errors?

[acmejack]

4. The Govt is practicing austerity by removing the spell checker

From all their copies of MS Word.

[jefferson_dem]

3. another thread on this subject here ->

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5670989

[ddeclue]

5. That's lying to Congress.

The FISA act provides a 72 hour grace period so there is no need to get a warrant up front so this excuse simply does not hold.

Doug D.

[ddeclue]

6. Who is Harman?

Can't find him in the Senate directory...

[peekaloo]

7. Congresswoman from California.

[ddeclue]

8. Now I'm more than a little confused...

Why is this letter addressed to her if it was meant for the Senate Intelligence committee?

Doug D.

[peekaloo]

9. She's the ranking member on the House Committee on Intelligence.

CBS showed a clip of her yesterday standing up for Bu$h. :-(