Justice & Civil Liberties

Issues ››› Justice & Civil Liberties
  • CBS News misstated controversy over warrantless domestic surveillance


    CBS Evening News correspondent Jim Axelrod, reporting on CIA-director nominee Gen. Michael V. Hayden's forthcoming Senate nomination hearings, noted that "[t]he White House believes it wins any time there's a debate on electronic eavesdropping of terrorists and would welcome the grand stage for Hayden to defend" the Bush administration's warrantless domestic eavesdropping program. However, the debate over the surveillance program is not a question of whether the government can conduct "electronic eavesdropping of terrorists," but rather whether the government can conduct warrantless surveillance of residents of the United States in apparent violation of federal statute.

  • Time repeats administration claim that NSA program targets those with "known links to al Qaeda and related terrorist organizations"

    ››› ››› KURT DONALDSON

    In a May 5 online article, Time magazine reporters Mike Allen and Timothy J. Burger wrote that the Bush administration's controversial warrantless domestic surveillance program targets domestic phone calls "if one of the parties has known links to al Qaeda and related terrorist organizations." In fact, media reports have revealed that the NSA has monitored the communications of thousands of people with no relationship to Al Qaeda or other terrorist organizations.

  • Media ignore Hayden's misleading 2002 congressional testimony, contradictory responses on NSA program

    ››› ››› JOSH KALVEN

    In the wake of reports that Air Force Gen. Michael V. Hayden would be nominated to replace outgoing CIA director Porter Goss, numerous news outlets cited as a source of likely controversy Hayden's role in developing and overseeing the Bush administration's warrantless domestic surveillance program. But none of these outlets mentioned Hayden's misleading testimony before Congress in 2002, in which he said that the National Security Agency complies with the requirements of the Foreign Intelligence Surveillance Act (FISA) in conducting surveillance on citizens or legal residents of the United States. Nor did they mention his shifting and contradictory defenses of the domestic surveillance program or his failure to answer questions regarding whether the program has been used to spy on U.S. residents with no ties to terrorism.

  • On The O'Reilly Factor, retired Army officer claimed New York Times "damage[d] the country" by tipping off "the terrorists" to "get off your cell phones"

    ››› ››› JULIE MILLICAN

    Responding to Fox News host Bill O'Reilly's suggestion that "the American press" might be "helping terrorists," New York Post columnist and retired Lt. Col. Ralph Peters claimed that the December 2005 Pulitzer Prize-winning report by The New York Times exposing the National Security Agency's warrantless domestic spying program did just that. In fact, contrary to Peters's suggestion that the Times story tipped off terrorists that their communications were being monitored, Al Qaeda has reportedly been taking precautions for years to avoid surveillance of its cell-phone conversations.

  • Carlson attacked ACLU for not "standing up for Rush Limbaugh" -- but ACLU took Limbaugh's side


    Tucker Carlson attacked the American Civil Liberties Union (ACLU) for "not standing up for Rush Limbaugh" while he was being investigated for allegations of committing fraud to obtain prescription painkillers. But in January 2004, the ACLU filed a friend-of-the-court brief in Limbaugh's case protesting the state of Florida's seizure of Limbaugh's medical records as a violation of his right to privacy.

  • Kondracke falsely claimed DeWine bill requires congressional approval for wiretapping; labeled proposal "too restrictive"

    ››› ››› BEN ARMBRUSTER

    On Fox News' Special Report with Brit Hume, Roll Call executive editor Morton M. Kondracke made a false claim to support his characterization -- as "too restrictive" -- of Sen. Mike DeWine's (R-OH) proposed legislation that would establish a "statutory framework" for the Bush administration's warrantless domestic spying program. Despite Kondracke's "too restrictive" claim, DeWine's proposal would strip the Foreign Intelligence Surveillance Act court of the authority to issue or deny warrants while requiring only that the administration notify Congress of the surveillance.

  • Wash. Times' MacKinnon claimed that Pulitzer-winning NY Times reporters who exposed NSA spying "hurt the United States dramatically"

    ››› ››› JULIE MILLICAN

    Washington Times columnist Douglas MacKinnon repeated his claim that the December 2005 Pulitzer Prize-winning report by The New York Times on the National Security Agency warrantless domestic spying program "hurt the United States dramatically." In making the statement, MacKinnon assumed two things: 1) that the program had been effective before the Times article appeared, and 2) that suspected terrorists altered their conduct after the article. MacKinnon added: "I'm not convinced that if they [the Times reporters] didn't have the information for D-Day on June 6, 1944, they wouldn't have revealed that as well."

  • In "No-Spin News" segment, O'Reilly claimed former CIA officer McCarthy leaked information to NY Times

    ››› ››› BEN ARMBRUSTER

    Bill O'Reilly asserted that The New York Times wrote a "glowing" article about Mary McCarthy, a senior intelligence officer who was recently fired by the CIA, because she "was leaking stuff to them." However, initial reports of McCarthy's dismissal from the CIA noted that she was fired because of her relationship with Washington Post staff writer Dana Priest and because she allegedly provided information to the press regarding secret CIA detention centers in Europe that was first published in the Post, not in the Times. No news reports have mentioned any relationship between McCarthy and The New York Times.

  • Fox's Gibson falsely claimed NY Times wiretapping story "may have tipped off Al Qaeda"

    ››› ››› KURT DONALDSON

    Fox News' John Gibson falsely claimed that the Pulitzer Prize-winning New York Times report that revealed warrantless domestic wiretaps approved by the Bush administration "probably did do damage to national security because it may have tipped off Al Qaeda that we could listen to their cell-phone calls to people inside this country." In fact, media reports indicate that Al Qaeda was aware that the United States was monitoring its cell-phone calls well before the disclosure of the warrantless wiretapping program.

  • Citing no evidence, NY Post claimed decline in "terrorist calls" being monitored following disclosure of NSA program


    In an editorial condemning The New York Times' Pulitzer Prize-winning reporting on the Bush administration's warrantless surveillance program, the New York Post asserted that "[e]ver since" Times reporters James Risen and Eric Lichtblau revealed the existence of the program on December 16, 2005, "federal officials have reported a dropoff in the terrorist calls they were monitoring." The Post did not name the purported "federal officials," nor did it provide evidence or elaboration to support the claim.

  • NBC's Gregory claimed Falun Gong protestors provided a "fitting backdrop" for Bush's "strong" human rights message to China

    ››› ››› BEN ARMBRUSTER

    Reporting on a meeting between President Bush and Chinese President Hu Jintao, NBC News' David Gregory said that protesters from the banned religious movement Falun Gong, including one who interrupted Hu's remarks to plead that Bush "stop him [Hu] from killing," provided a "fitting backdrop to a strong message the president sent on human rights in China." But Gregory ignored the fact that, as The Washington Post reported on April 21, "Bush did not mention the persecution of Falun Gong, even with hundreds of its followers outside the White House."

  • CNN finally asked employee Bennett about his comment that Pulitzer-winning reporters should be jailed

    ››› ››› KURT DONALDSON

    Three days after CNN's Wolf Blitzer missed an opportunity to quiz CNN political analyst William Bennett about his comment that the journalists who recently were awarded Pulitzer Prizes for their work publicly disclosing the Bush administration's warrantless domestic surveillance program and the CIA's alleged use of secret interrogation sites across the globe should not be rewarded but jailed, a CNN anchor finally asked Bennett about the controversial statement.

  • Denouncing domestic spying reports, Kondracke equated NSA program with World War II code-breaking, radar


    On Fox News' Special Report with Brit Hume, Roll Call executive editor Morton M. Kondracke asserted that the disclosure of the Bush administration's warrantless domestic surveillance program to The New York Times "is the equivalent of telling the newspapers that ... we've broken the Japanese codes or, hey, we've discovered radar, we can see enemy planes."