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Secret Court's Judges Were Warned About NSA Spy Data (Shhhhh...it's a secret)
Washington Post ^ | 2/8/06 | Carol D. Leonnig

Posted on 02/08/2006 8:14:28 PM PST by frankjr

Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush's eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.

The revelations infuriated U.S. District Judge Colleen Kollar-Kotelly -- who, like her predecessor, Royce C. Lamberth, had expressed serious doubts about whether the warrantless monitoring of phone calls and e-mails ordered by Bush was legal. Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen.

The two heads of the Foreign Intelligence Surveillance Court were the only judges in the country briefed by the administration on Bush's program. The president's secret order, issued sometime after the Sept. 11, 2001, attacks, allows the National Security Agency to monitor telephone calls and e-mails between people in the United States and contacts overseas.

Yet another problem in a 2005 warrant application prompted Kollar-Kotelly to issue a stern order to government lawyers to create a better firewall or face more difficulty obtaining warrants.

The two judges' discomfort with the NSA spying program was previously known. But this new account reveals the depth of their doubts about its legality and their behind-the-scenes efforts to protect the court from what they considered potentially tainted evidence. The new accounts also show the degree to which Baker, a top intelligence expert at Justice, shared their reservations and aided the judges.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: News/Current Events
KEYWORDS: colleenkollarkotelly; kollarkotelly; kotelly; lamberth; leakers; nsa; spying
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To: onyx

I can't believe how reckless the left has become.


41 posted on 02/08/2006 8:53:25 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: conservative in nyc
The reported source for this article is "government officials familiar with the program". I'll give you two guesses about which committee held a closed door breifing on intelligence matters today. They meet again tomorrow, according to their website.

I said on another thread that it would be less then 24 hours before the leaks started coming

42 posted on 02/08/2006 8:53:49 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: MNJohnnie
I seriously doubt any part of this program was focused on obtaining Warrants, it was focused on stopping Terrorists attacks. If we wanted a Warrant, we would have used the FISA Court.

from what I have read, this NSA Terrorists surveillance program was not about law enforcement, it is about monitoring the enemy within

43 posted on 02/08/2006 8:53:52 PM PST by MJY1288 (THE DEMOCRATS OFFER NOTHING FOR THE FUTURE AND THEY LIE ABOUT THE PAST)
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To: Mo1


Gamesmanship and the game is too damn dangerous.


44 posted on 02/08/2006 8:54:31 PM PST by onyx
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To: conservative in nyc
I don't remember the NYT reporting that .. they just claims warrants were denied

There was nothing about the program itself being "shut down"

45 posted on 02/08/2006 8:56:01 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: Mo1

maybe the nerve gas scare will shake some of these idiots up. although it was a false alarm, it could easily have been real (like the anthrax attacks). maybe they will think to themselves - "the enemy is out there, and they could pull off an attack like this, maybe we better get serious about thwarting it".


46 posted on 02/08/2006 8:56:01 PM PST by oceanview
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To: onyx

LOL!


47 posted on 02/08/2006 8:56:06 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: BigSkyFreeper


They'll only get worse. Guaranteed.

And, I am tired of hearing that it's only the "far left" because it's the whole of the GD democrat party.


48 posted on 02/08/2006 8:56:19 PM PST by onyx
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To: Mo1

yup, its them.


49 posted on 02/08/2006 8:57:39 PM PST by oceanview
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To: onyx

Risking the safety of the nation all for the expressed purpose of regaining power. That's what all this is about.


50 posted on 02/08/2006 8:59:25 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: mumps
"You're a spiker, aren't you?

Your an idiot aren't you? No one can be so utterly stupid that they actually think the American people have forgotten 9-11 all ready can they? Are you really such a utter complete moron to think this is a political winning position for the Democrats to run on?

Go for it Twit. Strip the fake masks you assumed after 9-11 and run as the rabid hate American Always gutless Leftists you Democrats really are. It will be that much funnier watching all you Hysteric Leftist losers go on suicide watch in Nov after your Democrat Party heroes lose seats for the 3rd election in a row. What a complete political imbecile you must be.

51 posted on 02/08/2006 9:00:47 PM PST by MNJohnnie ("Vote Democrat-We are the party of reactionary inertia".)
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To: Mo1

Expect more leaks in Friday's papers. These loose lipped Senators are as predictable (and about as right) as a broken clock. It's been like the movie "Groundhog Day" since the days before the 2004 election, if not before. Except in this version, the Democrats are playing politics with national security, not trying to get the girl and better themselves.


52 posted on 02/08/2006 9:03:24 PM PST by conservative in nyc
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To: hipaatwo
And looks who's complaining, James A. Baker.

Baker's not complaining directly to the Washington Post:

Baker declined to comment through an office assistant, who referred questions about his FISA work to a Justice Department spokesman.

This leak has *cough* Rockefeller *cough* written all over it.
53 posted on 02/08/2006 9:05:27 PM PST by conservative in nyc
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To: conservative in nyc

Be prepared .. we will be hit again

These bleeping morons are doing everything in their power to protect the terrorists

I can't believe those judges shut the program down


54 posted on 02/08/2006 9:07:36 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: mumps
Read post 40. Good luck selling this mindset to the voters. Better make sure your Psychologist is on call Nov 7th. Going to be a long election night for you losers.

On 2nd thought, considering where you keep your brains, you better make sure your Proctologist is on call.

55 posted on 02/08/2006 9:11:07 PM PST by MNJohnnie ("Vote Democrat-We are the party of reactionary inertia".)
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To: frankjr

I just saw Upchuck Schumer on O'Reilly saying that he agrees with the NSA intercepts and that Al Quaeda captives be subjected to whatever extremes of interrogation are necessary. Have I been sucked up and transported to some alternative reality or was O'Reilly experimenting with some bizarre kind of mind control?


56 posted on 02/08/2006 9:11:25 PM PST by Dionysius (ACLU is the enemy)
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To: MNJohnnie

Another good laugh! You've got real talent for the full-tilt writing style. (It's a genuine compliment, whether you're a spiker or not.)


57 posted on 02/08/2006 9:12:01 PM PST by mumps
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To: Wasanother
"Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen."

Does the WaPo know they are strengthening the Presidents case for why he had to create the NSA warrant-less eavesdropping program?

Hello!

If they won't give him a warrant using the information he needs the warrant to obtain than we have ourselves a wittle pwoblem.
58 posted on 02/08/2006 9:12:45 PM PST by coffee260 (coffee)
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To: Dionysius


Schumer always presents a moderate face on O'Reilly's show.

It's ALL play acting.


59 posted on 02/08/2006 9:13:04 PM PST by onyx
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To: mumps

HAAAAAAA. You really ARE this stupid!!!


60 posted on 02/08/2006 9:13:57 PM PST by MNJohnnie ("Vote Democrat-We are the party of reactionary inertia".)
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