Bush Lets U.S. Spy on Callers Without Foreign Intelligence Surveillance Court Warrants

James Risen and Eric Lichtblau, Bush Lets U.S. Spy on Callers Without Courts. The New York Times, 16 December 2005. “Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.” James Risen and Eric Lichtblau won the 2006 Pulitzer Prize for National Reporting for their stories on warrantless domestic eavesdropping.

Excerpts from story:

Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible “dirty numbers” linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.

The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.

“This is really a sea change,” said a former senior official who specializes in national security law. “It’s almost a mainstay of this country that the N.S.A. only does foreign searches.”

Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation’s legality and oversight….

The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted….

Other stories in The New York Times by Risen and Lichtblau cited by the Pulitzer Prize committee for the 2006 Pulitzer for National Reporting:

Eavesdropping Effort Began Soon After Sept. 11 Attacks, 18 December 2005.

Spying Program Snared U.S. Calls, 21 December 2005.

Spy Agency Mined Vast Data Trove, Officials Report, 24 December 2005.

Defense Lawyers In Terror Cases Plan Challenges Over Spy Efforts, 28 December 2005.