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Legal news from Sunday, July 29, 2007




Leahy gives Gonzales one week to resolve inconsistent testimony
Natalie Hrubos on July 29, 2007 3:43 PM ET

[JURIST] US Senate Judiciary Committee Chairman Patrick Leahy (D-VT) said Sunday that US Attorney General Alberto Gonzales [official profile; JURIST news archive] may be the subject of a perjury investigation if he does not clear up concerns regarding the truthfulness of his testimony about warrantless wiretapping. Speaking on CBS News' Face the Nation program, Leahy gave Gonzales one week to resolve inconsistencies [transcript, PDF], saying:

he answered under oath at great length. I think a lot of us, Republicans and Democrats, were incredulous at some of the answers. I told him, frankly, I don't trust him. But, in fairness, I've given him this--the testimony. He has a week to correct it if he wants. I suggest he consult with a lawyer as he does it. If he doesn't correct it, then I think that there are so many errors in there that the pressure will be very, very heavy, whether it's a special prosecutor, special counsel efforts within the--within the Congress.

The irony is, though, the Department of Justice, which is supposed to be very impartial--it's supposed to be impartial law enforcement--is being shredded by his activities. And if you lose confidence in law enforcement, it hurts everybody all the way down to the cop on the beat. Frankly, at this point, the president ought to take a long look at this and ask does he want to go down in history with this attorney general as part of his historical record?
Appearing on the same program, Sen. Arlen Specter (R-PA), ranking member of the Judiciary Committee said that calls for a special prosecutor [JURIST report] to investigate Gonzales for perjury were "premature." Specter, however, said that the Justice Department has "been dysfunctional for a long time" and that it was important for the committee to "find out what the facts are so that we can formulate public policy and legislation and get the Department of Justice back on its feet."

Last week, FBI Director Robert Mueller contradicted testimony [JURIST report] given by Gonzales concerning a 2004 discussion of intelligence activities. Mueller testified before the House Judiciary Committee [hearing materials] Thursday that there was dissent within the administration concerning the National Security Agency's domestic surveillance program [JURIST news archive], but Gonzales said Tuesday that then-Deputy Attorney General James Comey did not express concerns about recertifying the program. In his testimony before the Senate Judiciary Committee [transcript] Tuesday, Gonzales insisted that Comey's reservations concerned another undisclosed intelligence program and not the domestic surveillance program as widely reported. There have also been recent reports that a 2006 Director of National Intelligence memorandum contradicts Gonzales' testimony [JURIST report] on reauthorization of the surveillance program and that a 2004 FBI memorandum [JURIST report] contradicts testimony Gonzales provided in 2005 on renewal of the Patriot Act. AP has more.





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Bush urges Congress to update surveillance law
Natalie Hrubos on July 29, 2007 2:39 PM ET

[JURIST] US President George W. Bush said Saturday in his weekly radio address [transcript; recorded audio] that he wants to modernize the Foreign Intelligence Surveillance Act (FISA) [text; JURIST news archive] to meet threats from terrorists who can now use cell phones and the Internet to communicate. Bush urged Congress to pass new legislation, saying:

The Foreign Intelligence Surveillance Act -- also known as FISA -- provides a critical legal foundation that allows our intelligence community to collect this information while protecting the civil liberties of Americans. But this important law was written in 1978, and it addressed the technologies of that era. This law is badly out of date -- and Congress must act to modernize it

Today we face sophisticated terrorists who use disposable cell phones and the Internet to communicate with each other, recruit operatives, and plan attacks on our country. Technologies like these were not available when FISA was passed nearly 30 years ago, and FISA has not kept up with new technological developments. ...

To fix this problem, my Administration has proposed a bill that would modernize the FISA statute. This legislation is the product of months of discussion with members of both parties in the House and the Senate -- and it includes four key reforms: First, it brings FISA up to date with the changes in communications technology that have taken place over the past three decades. Second, it seeks to restore FISA to its original focus on protecting the privacy interests of people inside the United States, so we don't have to obtain court orders to effectively collect foreign intelligence about foreign targets located in foreign locations. Third, it allows the government to work more efficiently with private-sector entities like communications providers, whose help is essential. And fourth, it will streamline administrative processes so our intelligence community can gather foreign intelligence more quickly and more effectively, while protecting civil liberties.

Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country. Congress needs to act immediately to pass this bill, so that our national security professionals can close intelligence gaps and provide critical warning time for our country.
Critics of the Bush administration have expressed concern that changes to the law would enable the executive branch to spy on US residents. Under the current procedure authorized by FISA, the US Justice Department (DOJ) must seek a warrant from the court established under the law, the Foreign Intelligence Surveillance Court (FISC) [FJC backgrounder], before using a wiretap.

Lawmakers have extensively debated [JURIST report] the issue over the past few years. In April, Bush proposed amendments [JURIST report] to FISA that would subject more people to electronic surveillance. The proposed legislation would allow US intelligence agencies to monitor foreign nationals, including those with US permanent residence status, without FISC. The proposed amendments also seek to extend the life of warrants issued by the FISC from 120 days to one year. AP has more.





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