The Justice Department's Office of the Inspector General announced Monday that it will immediately launch a probe into the agency's involvement with the National Security Agency's domestic surveillance program, raising suspicions among Democrats, who believe the timing of the investigation is an attempt by the Bush administration to circumvent Congressional hearings into the issue when they assume control of the House in January.
For nearly a year, Congressman Maurice Hinchey (D-NY) and Congresswoman Zoe Lofgren (D-Calif.) have led the charge among House Democrats in calling for a federal investigation into the legality of the NSA's warrantless wiretap program.
News of the clandestine domestic spying operation, which President Bush said he had authorized in 2002 to track terrorists, was reported by the New York Times in December 2005. The Times exposé angered members of the House, who said they were never informed by the White House about the eavesdropping program - which on its face appeared to be taking place in violation of the law. Eavesdropping on Americans had required intelligence officials to obtain a surveillance warrant from a special court and show probable cause that the person they wanted to monitor was communicating with suspected terrorists overseas. But Bush said that the process for obtaining such warrants under the 1978 Federal Intelligence Surveillance Act was, at times, "cumbersome."
Still, despite the White House's belated show of support, Hinchey said the investigation clearly doesn't go far enough, because it doesn't delve into the legality of the surveillance. Hinchey intends to fire off another letter to Fine demanding that the investigation be expanded to determine whether domestic surveillance is taking place in violation of the law, and moreover, whether President Bush and Gonzales abused their power in authorizing the program. Moreover, Hinchey said he is skeptical of the timing of the investigation.
"I wonder whether this reversal is only coming now after the election as an attempt to appease Democrats in Congress who have been critical of the NSA program and will soon be in control and armed with subpoena power," Hinchey said. "While it is important to learn how DOJ officials have handled the NSA program and determine whether any information gathered from the program such as phone numbers has been used inappropriately, we need Inspector General Fine to expand his probe to examine how the warrantless spy program was born, how it evolved, and what laws may have been violated by administration officials as they implemented the program."
Kyra Jennings, a spokeswoman for Lofgren, agreed. She said the new Democratic Congress still has the authority to hold hearings into the NSA program while the Inspector General's Office conducts its investigation. Lieberson said he believes that is exactly what will transpire come January.
"I would be surprised if Democrats didn't look into the wiretaps despite the fact that the inspector general is investigating," Lieberson said. Jennings added that while the timing of the probe may be questionable, "we'll find out in due time whether this is a serious effort or a diversion."
A spokeswoman for Fine said she was not authorized to comment on the record. But she said on background that when the inspector general denied calls for an investigation earlier this year, it was because he did not have the "jurisdiction to review attorneys providing legal advice to the White House regarding oversight and the legality of the surveillance." While that issue hasn't changed, the spokeswoman said, the inspector general now has the ability to "open a program review." The spokeswoman would not comment on the timing of the investigation. More on the story.
Here is an open letter from Fine.
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