This, cribbed from Secrecy News, strikes me as an important new wrinkle in the warrantless spying case:
The Bush Administration rejected a Congressional initiative in 2002 that would have lowered the legal threshold for conducting surveillance of non-US persons under the Foreign Intelligence Surveillance Act from "probable cause" that the target is a terrorist or agent of a foreign power to "reasonable suspicion."
Administration officials said at the time that the legislative proposal was unnecessary and possibly unconstitutional. Yet in a speech this week on the NSA domestic surveillance program, Deputy Director of National Intelligence Gen. Michael V. Hayden indicated that the executive branch had unilaterally adopted a similar "reasonable suspicion" standard....
The unexplained contradiction between the Administration's public rejection of the "reasonable suspicion" standard for FISA, and its secret adoption of that same standard was noted yesterday by attorney and blogger Glenn Greenwald.
So Congress rejected the change that the administration secrectly enacted (and had publicly labeled as perhaps unconstitutional). As Ygelsias notes, the larger issue isn't so much that the administration changed the standard, it's that the administration decided it would police itself in "enforcing" the new standard.
My question in all this is a media one: How much, if at all, will the papers pick up on the new, blogger-broken, wrinkle? I'm guessing a short mention somewhere inside.
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Posted by: Richard | October 25, 2010 at 02:33 PM
The ex-New York Jets employee involved in the allegation against Brett Favre has hired a lawyer.
Posted by: Junior | October 28, 2010 at 03:14 PM