By now everyone has heard the story about the mid-2004 suspension of the NSA fishing expedition. I have a question that I don't believe have been addressed (at least here).
First, my understanding of events is that Bush handed out the free passes and fishing gear to the NSA in 2002, and claimed that it required re-authorization every 45 days by the AG and/or Whitehouse counsel.
Then in 2004, Ashcroft refused to re-authorize it (see the Newsweek article Full Speed Ahead ). What I want to know is why?
more after the hump...
So Asscroft has this rare and very painful pancreatic disorder, remember we all wept and prayed for him, right?
Anyway, during his hospitalization, he is temporarily replaced by former federal prosecutor James Comey who abruptly refuses to re-authorize the NSA op. In a rush to protect the country, Gonzales rushes to the hospital were a bedridden and heavily medicated Asscroft refuses to override the decision and re-authorize the op even though he has apparently done so for the past two years!
There has been some speculation about the opinions of NSA execs, namely that the sourcing of their authorization in the 2001 congressional act was weakening with time. There has also been rumor that some of the subjects of the NSA taps may have indeed been US journalists. But I have heard no speculation whatsoever about why Asscroft would reverse himself and deny the re-authorization.
Could be that Asscroft was just pissed that he would be asked to verbally overrule his #2 man while heavily medicated and in pain in the hospital. I have two alternat possibilities to add to the issue.
1) Someone either found out that either a tap was performed on a non-security target or that obtained information was being used for non-security purposes.
We know that Delay used Homeland Security to track down the missing Texas democrats, why wouldn't Cheney or Rove be interested in using instant wiretaps to gain leverage on political opponents as well. The FISA courts have reportedly raised the bar on what is required for a FISA warrant, maybe because they were being repeadedly given intel from illegal taps to justify warrants for legal ones?
2) The mere fact that Comey had the balls to turn down the Bushies request signaled to Asscroft that the reign of imperial secrecy was at an end. The discovery of someone with both balls and ethics in the upper ranks of the Justice Department could have been enough for Asscroft to rethink the evaluation of his future legacy (what according to numerous Law and Order episodes all megalomaniacs are really concerned with).