Fox News' Jim Angle misrepresented comments by Rep. Jane Harman (D-CA) to suggest that she was satisfied with the Bush administration's briefing of Congress on the use of domestic surveillance when, in fact, she has explicitly said that the surveillance program "goes far beyond the measures to target Al Qaeda about which I was briefed."
Calling in to CNN, Republican attorney Victoria Toensing repeated the false claim that President Clinton carried out the same authority President Bush did with regard to domestic surveillance.
In a Chicago Tribune op-ed, John Schmidt, former associate attorney general under President Clinton, argued that President Bush's decision to authorize warrantless domestic surveillance "is consistent with court decisions and with the positions of the Justice Department under prior presidents." However, Schmidt falsely claimed that Jamie Gorelick, as deputy attorney general under Clinton, testified that the president has the authority to "go beyond" the terms of the Foreign Intelligence Surveillance Act (FISA). Schmidt also offered a number of empty and irrelevant arguments in defense of Bush.
Ann Coulter stated in her December 21 column that "I think the government should be spying on all Arabs, engaging in torture as a televised spectator sport, dropping daisy cutters wantonly throughout the Middle East and sending liberals to Guantanamo."
On Fox News' Hannity & Colmes, National Review editor Rich Lowry falsely claimed that the Clinton administration had asserted "exactly the same authority" that President Bush has cited in defense of his controversial decision to conduct domestic surveillance without warrants, referring to then-Deputy Attorney General Jamie Gorelick's 1994 testimony that the executive branch has "inherent authority to conduct warrantless physical searches." However, physical searches are not the same thing as electronic surveillance and were not restricted at that time by the Foreign Intelligence Authorization Act (FISA), which has since been amended to include them.
Conservatives in the media claimed that Bush's authorization of domestic surveillance by the NSA without warrants is legal under the 1978 Foreign Intelligence Surveillance Act. However, provisions of the law allow warrantless surveillance of foreign powers only, or for just 15 days following a declaration of war.
On Fox News' Special Report, author Ronald Kessler dismissed as "paranoid conspiracy theories" any suggestion that "the government wants to spy on us" or "go after anti-war protesters." However, according to a NBC Nightly News report, U.S. military intelligence agents are "collecting information on American peace activists and monitoring protests against the Iraq war."
NBC's Andrea Mitchell framed the debate about the domestic spying scandal as a choice between civil liberties and safety, echoing arguments put forth by the Bush administration.
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CNN anchor Kitty Pilgrim claimed that Democratic criticism of President Bush's controversial decision to authorize wiretaps of American citizens without warrants "seems like a clear stand against the president on terror, a fairly risky move given that any day there could be another attack." In fact, the Democrats -- and several Republicans -- might argue that it's a "clear stand" in favor of complying with the law and "clear stand against the president" on civil liberties, not "terror."
The Los Angeles Times, Associated Press, and Fox News' Special Report with Brit Hume, all reported the White House claim, made repeatedly at President Bush's press conference, that timeliness was the rational for the secret surveillance program, but did not report that current law allows for the government to get a warrant after the fact.
During a December 19 press conference, the White House press corps failed to challenge President Bush's evasive answers and, in some cases, prefaced their questions with praise.
A New York Times article about the renewal of the USA Patriot Act misleadingly characterized the Democratic position about the creation of the Department of Homeland Security (DHS), stating only that Democrats held up passage of the bill because of a dispute over labor rights. But it failed to note that Democrats were among the original and leading proponents of a cabinet-level DHS and that Republican opposition to the idea delayed the creation of the department for nearly twice as long as the Democrats' delay.
On the December 16 edition of Fox News' Special Report with Brit Hume, Charles Krauthammer falsely suggested that President Bush's authorization of domestic spying -- without obtaining a search warrant -- was an "expedient action" rather than a "scandal" because the administration did "tell the court" after the fact that it was going to do so. In fact, the administration never alerted the relevant court to its surveillance of domestic phone calls.
On Meet the Press, host Tim Russert allowed Secretary of State Condoleezza Rice to repeatedly deflect his questions about the supposed legal basis for the domestic eavesdropping authorized by President Bush.
A review of the Nexis database of major U.S. newspapers -- consisting of 87 publications -- turned up 12 editorials that criticized President Bush's decision to allow secret wiretapping of U.S. citizens without a warrant, and none in support. Only the New York Post, which is not in the "major newspapers" database, wrote in favor of Bush's actions.