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Fact-check on the Bush Adminstration's Defense of its Secret Wiretapping Program

In case you want a closer look at the president's apparently illegal wiretapping program, here's a briefing on what the Bush administration has said --and what the truth is. As you can see, they're pretty far apart on this issue.

  1. They said that the spying program was narrow and limited.1 They have even said the program is somehow limited to people with ties to Al Qaeda.2
    WRONG: A New York Times article about the program reports that the data from the eavesdropping program was 'swamping investigators.' "The stream soon became a flood, requiring hundreds of agents to check out thousands of tips a month. But virtually all of them, current and former officials say, led to dead ends or innocent Americans."3

  2. The White House is claiming that Democrats are the only ones objecting to the program4
    WRONG: Concern and opposition to the program has truly widespread support. Republicans like Lindsey Graham, Sam Brownback, John McCain and Arlen Specter have raised many serious questions and offered some of the harshest criticism of the program.5

  3. They have claimed this unauthorized wiretap on phone calls and email was legal because of a Congressional resolution.6
    WRONG: Congress has passed no resolution allowing the president to ignore the 4th Amendment and spy on Americans.7 Republican Senator Brownback specifically said the 9/11 resolution didn’t authorize the warrantless wiretaos.8 Moreover, Congress explicitly denied this right to the administration.9

  4. Then they claimed that they did it because they needed to act swiftly.10
    WRONG: Current law allows immediate wiretapping, with up to three days after the tap to get the official court order.11

  5. They claimed that Congress was fully briefed and knowledgeable on the program.12
    WRONG: Only a handful of Congressional leaders were briefed on the program. Those who attended briefings were ordered to keep quiet about it.13 When Congressional leaders submitted concerns to Vice President Cheney's office about the program, there was no response. 14 Now, it also seems that the administration wasn't forthcoming on major parts of the program.15

  6. They argued that the administrative overhead is too high.16
    WRONG: Too much 'paperwork' is not an excuse to break the laws of the land. If it did prove to be too difficult, the president could have sought to fix the law; after all, that's what the Patriot Act is all about.

  7. The administration is now attacking the Clinton-Gore White House by saying they also engaged in warrantless searches of Aldrich Ames' home.
    WRONG: The Clinton White House never violated the law in its searches. Warrants were not required for physical searches at that time, and Clinton supported and signed legislation changing the law to require warrants.17

    8. Sources

    1. Press Briefing by Scott McClellan, January 3, 2006
    http://www.moveon.org/r?r=1381

    2. White House steps up defense of domestic spying, USA Today, January 22, 2006
    http://www.usatoday.com/news/washington/2006-01-22-bush-spying_x.htm

    3. Spy Agency Data After Sept. 11 Led F.B.I. to Dead Ends," New York Times, January 17, 2006
    http://www.moveon.org/r?r=1382

    4. Setting the Record Straight: Democrats Continue to Attack Terrorist Surveillance Program, White House News Release, January 22, 2006
    http://www.whitehouse.gov/news/releases/2006/01/20060122.html

    5. FACT: Members of Both Parties Believe Bush Broke the Law, Thinkprogress, January 23, 2006
    http://thinkprogress.org/2006/01/23/both-parties/

    6. "Bush Administration's Defense," New York Newsday, December 20, 2005
    http://www.moveon.org/r?r=1385

    7. "ACLU Letter to Attorney General Gonzales Requesting the Appointment of Outside Special Counsel," ACLU, December 21, 2005
    http://www.aclu.org/safefree/general/23184leg20051221.html

    8. Brownback: 9/11 Resolution Did Not Give Bush Authority for Warrantless Wiretapping, Thinkprogress, January 8, 2006
    http://thinkprogress.org/2006/01/08/brownback-on-nsa/

    9. "Daschle: Congress Denied Bush War Powers in US," Washington Post, December 23, 2005
    http://www.moveon.org/r?r=1377

    10. "Bush Let U.S. Spy on Callers Without Courts," New York Times, December 16, 2005
    http://www.moveon.org/r?r=1378

    11. "Bush Officials Claim Spy Court Cumbersome," Baltimore Sun, December 20, 2005
    http://www.moveon.org/r?r=1386

    12. "Cheney Roars Back on Spying, Torture, Iraq," ABC News, December 18, 2005
    http://www.moveon.org/r?r=1379

    13. "Surveillance Court Judge Quits in Protest," Seattle Times, December 21, 2005
    http://www.moveon.org/r?r=1380

    14. "Letter shows senator raised concerns in '03," Chicago Tribune, December 20, 2005
    http://www.moveon.org/r?r=1387

    15. "Bush Vigorously Defends Domestic Spying," CBS News, December 19, 2005
    http://www.moveon.org/r?r=1376

    16. "Bush officials claim spy court cumbersome," Baltimore Sun, December 20, 2005
    http://www.moveon.org/r?r=1386

    17. "White House Lobs Accusations Back at Gore," Associated Press, January 17, 2006
    http://www.moveon.org/r?r=1383

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