Big Brother Watches, Congress Dithers

Well, there goes my evening.

Political blogging, once undertaken, is a harsh mistress, especially if an issue Demon Princess really, really cares about comes up. And this is one.

The Associated Press reported 2 hours & 33 minutes ago that the number of U.S. citizens & legal residents the "FBI secretly sought information last year on was 3,501." Those unfortunates had their their bank, credit card, telephone and Internet records examined "without a court's approval, the Justice Department said Friday."

We daresay they don't know about it yet, with the exception, perhaps of that nice couple who were brought in to answer questions about the fact that they paid a bunch of credit cards off early.

"It was the first time the Bush administration has publicly disclosed how often it uses the administrative subpoena known as a National Security Letter, which allows the executive branch of government to obtain records about people in terrorism and espionage investigations without a judge's approval or a grand jury subpoena.

"Friday's disclosure was mandated as part of the renewal of the Patriot Act, the administration's sweeping anti-terror law.

"The FBI delivered a total of 9,254 NSLs relating to 3,501 people in 2005, according to a report submitted late Friday to Democratic and Republican leaders in the House and Senate. In some cases, the bureau demanded information about one person from several companies."

Ominously, "the numbers from previous years remain classified, officials said."

"The department also reported it received a secret court's approval for 155 warrants to examine business records last year under a Patriot Act provision that includes library records. However, Attorney General Alberto Gonzales has said the department has never used the provision to ask for library records.

BIG FAT LIE! It's just that the librarians were required to say nothing about it, which resulted in many libraries refusing to keep patron records very long.

"The number was a significant jump over past use of the warrant for business records. A year ago, Gonzales told Congress there had been 35 warrants approved between November 2003 and April 2005.

Believe those numbers at your own risk.

"The spike is expected to be temporary, however, because the Patriot Act renewal that President Bush signed in March made it easier for authorities to obtain subscriber information on telephone numbers captured through certain wiretaps.

"The Foreign Intelligence Surveillance Court, the same panel that signs off on applications for business records warrants, also approved 2,072 special warrants last year for secret wiretaps and searches of suspected terrorists and spies. The record number is more than twice as many as were issued in 2000, the last full year before the terrorist attacks of Sept. 11, 2001.

"The FBI security letters have been the subject of legal battles in two federal courts because, until the Patriot Act changes, recipients were barred from telling anyone about them.

"Ann Beeson, the associate legal counsel for the American Civil Liberties Union, said the report to Congress 'confirms our fear all along that National Security Letters are being used to get the records of thousands of innocent Americans without court approval.'

"The number disclosed Friday excludes requests for subscriber information, an exception written into the law. It was unclear how many FBI letters were not counted for that reason."

How does it feel to know you elected the people who did this to you, Amerika?

Even Republican Senator Arlen Specter, who ordinarily does as Bush tells him, asks, "Where is the outrage?" in today's Washington Post. And--shocker--he threatens to try to block the program's funding.

"New expressions of frustration over how little information the administration has shared about the National Security Agency's warrantless eavesdropping on Americans flared yesterday in the Senate, one day after House Republicans barred amendments that would have expanded oversight of the controversial program.

"Judiciary Committee Chairman Arlen Specter (R-Pa.) said yesterday that he will file an amendment to block the NSA program's funding -- but said he will not seek a vote on it at this time -- in hope of stirring greater debate on the warrantless surveillance, part of the agency's monitoring of alleged terrorists.

"Where is the outrage?" asked Specter, who has chaired hearings that questioned the NSA program's constitutionality.

"Questions about the legality of the NSA program and the Bush administration's refusal to brief the full intelligence panel on it led Rep. Jane Harman (Calif.), ranking Democrat on the House Permanent Select Committee on Intelligence, for the first time on Wednesday to vote against the annual intelligence authorization bill, which passed the House.

"Harman, one of the few House members to receive briefings on the NSA program, said she believes in the program's approach but argued unsuccessfully on the floor Wednesday for a measure requiring greater congressional review.
...
"The version of the fiscal 2007 Intelligence Authorization bill that passed the House contained no language on the NSA program. But lawmakers added provisions that could have an impact on the estimated $44 billion to be spent next year by the 16 agencies that make up the intelligence community, as well as the operations of Director of National Intelligence John D. Negroponte and his growing, one-year-old organization. After the Sept. 11, 2001, attacks, Congress created Negroponte's office to oversee and improve coordination of the intelligence agencies.

"Peter Hoekstra (R-Mich.), chairman of the House intelligence committee, said Wednesday that his panel will be monitoring Negroponte's progress in restructuring the intelligence community and that 'we would all like it to go faster because of the significant threats that we face as a nation.' Although Hoekstra has been critical of the DNI in the past, he said the office 'is beginning to bear fruit' and 'incremental but real improvements have been made since the standup.'

"Harman expressed a gloomier view. She said Negroponte 'has not taken command yet' of the intelligence community, 'giving away authority to the Pentagon, which is happy to receive it, as it expands its own role in intelligence gathering abroad and here at home.'

"She added that 'the CIA is in free fall,' and that '300 years of experience have either been pushed out or left in frustration, and morale is dangerously low.'

The committee took a step toward reining in Pentagon domestic intelligence activities. The Defense Department inspector general was directed to audit the activities of the Pentagon's newest and fastest-growing intelligence agency, the Counterintelligence Field Activity. Created four years ago, CIFA has been increasing authority to coordinate and direct intelligence collection involved in protection of Defense Department facilities at home and abroad.
...
"Specter's concerns about the NSA program were also reflected in much of the House debate on the intelligence bill.

"Harman and other Democrats were angry that Republicans on the House Rules Committee prevented a bipartisan amendment that would have required classified briefings on the NSA surveillance program, which includes listening to U.S. citizens, to all members of the House Intelligence and Judiciary committees. That proposal is similar to the one that Specter said he may soon introduce, although he would also include the parallel Senate panels.At present, lawmakers on a limited number of House and Senate intelligence committees are briefed on the NSA program along with top leaders of the House and Senate.

"At the White House yesterday, spokeswoman Dana Perino said: 'The appropriate members of Congress have been and continue to be informed with respect to the terrorist surveillance program.'

Well, dear, they apparently disagree.

It remains to be seen whether Specter will actually walk his talk. Sounds like it may very well turn out to be more kabuki theatre.