A Justice Department memo written in 2003 may call into question the legal rationale the Bush administration has offered to justify electronic surveillance of Americans without court review, according to a report the nonpartisan Center for Public Integrity is set to release this afternoon, RAW STORY has learned.
The group, while not formally advocating a position as to whether the Administration knew the taps weren't authorized by Congress, will offer the memo to public inspection today.
Some critics of the ongoing National Security Agency (NSA) wiretapping program believe the 2003 memo undermines the position President Bush is taking today. The memo describes legislation drafted by Justice Department staff to expand surveillance powers under the Foreign Intelligence Surveillance Act (FISA) -- suggesting that the Bush Administration knew they did not currently have the legal power to engage in the wiretaps.
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"Critics say it is hard to understand why Justice Department attorneys felt this change was needed, if, as the administration now claims, it had even broader authority and could avoid judicial review," the Center will report. "In recent days, the administration has said the inherent constitutional powers of the president and the congressional authorization of military force against al Qaeda gave President Bush the authority he needed to circumvent the court."
RAW STORY will provide a link to the document and the Center's report when it moves... The Center's website is available here.
