Who's soft on terrorism? Surely not the Democrats, who are about to enable the National Security Agency to extend its secret domestic wiretapping program after saying otherwise for months. Surely not the Republican White House, determined to rush out a new Osama bin Laden video even if it burns an intelligence connection spying on Al Qaeda that has been carefully cultivated for years.
'The committee is, to put it bluntly, basically under the control of the White House," said Jay Rockefeller, vice-president of the Senate Intelligence Committee, after the committee quashed a broad inquiry into the legality of the NSA spying on Americans -- despite an increasing number of legal scholars coming forward and declaring that the program is "blatantly illegal," in the words of Yale Law School dean Harold Koh. Meanwhile, the GOP proposes giving spying on Americans the "force of law" while subjecting it to "rigorous oversight."
Evidence of a slippery slope continued: Newsweek reports that White House counsel Steve Bradbury believes President Bush can order killings on US soil as part of the Terrorist-Surveillance ProgramTM. Meanwhile, while Attorney General Gonzales "lashes out" at the media and insists that the TSPTM is "not a dragnet that sucks in all conversation and uses computer searches to pick out calls of interest," the Washington Post reports it's precisely that -- "computer-controlled systems collect and sift basic information about hundreds of thousands of faxes, e-mails and telephone calls into and out of the United States before selecting the ones for scrutiny by human eyes and ears" -- and has led to very few leads. (See also discussion of Arlen Specter and the legality of the TSPTM here.)
Special counsel Patrick Fitzgerald says emails relevant to the Valerie Plame leak investigation have gone missing from the White House. "In an adundance of caution," Fitzgerald wrote [PDF] to "Scooter" Libby's lawyers on January 23, "we advise you that we have learned that not all email of the Office of the Vice President and the Executive Office of President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system." Might this help explain why Alberto Gonzales -- now the Attorney General, and lately so busy mustering arguments to assert that Bush's NSA domestic-spying program is "legal" -- waited 12 hours before instructing White House staff to preserve documents relevant to the leak investigation after telling Andrew Card about it? Shades of the late, great yoga instructor, Rose Mary Woods. [More on Plame here.]