On CNN's Lou Dobbs Tonight, Andrew C. McCarthy, a senior fellow at the Foundation for the Defense of Democracies and a contributor to National Review, falsely suggested that FISA did not apply in wartime because due process "in wartime is not the same as" due process "the rest of the time." In direct contradiction to McCarthy's claim, FISA does, in fact, contain specific wartime provisions.
On MSNBC's Hardball, National Review White House correspondent Byron York claimed that Osama bin Laden, in a 2004 videotape, "suggested that ... if states vote against Bush, then we'll [Al Qaeda] protect you in the future." York's comment was apparently based on a translation by the Middle East Media Research Institute indicating that bin Laden threatened the individual U.S. states not to vote for President Bush, but that translation has been disputed by numerous scholars and experts.
Several media figures have used the release of Osama bin Laden's new audiotape to denounce critics of the Bush administration's conduct of the war in Iraq.
In a Wall Street Journal op-ed, Republican attorney and former Reagan Justice Department official Victoria Toensing offered a variety of falsehoods in defending the Bush administration's warrantless domestic surveillance program.
Fox News correspondent Carl Cameron said, regarding Osama bin Laden's offer of a truce in a newly released audiotape: "Even the chairman of the national Democratic Party, Howard Dean, said the U.S. should never negotiate with terrorists."
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On CNN's The Situation Room, conservative columnist Frank J. Gaffney Jr. made the dubious claim that by attempting to obtain warrants for electronic surveillance of U.S. persons, as required by the Foreign Intelligence Surveillance Act (FISA), President Bush would have "tipp[ed] off our enemies" to the fact the U.S. government was spying on them.
An article in The Washington Post played up thinly sourced, years-old allegations promoted by conservative activists, but the Post has dismissed an issue of concern to progressives.
An Associated Press article covering President Bush's January 12 visit to storm-devastated New Orleans highlighted his insistence that "stronger promised levee protection will make the city both safer and more attractive for investment." But the article made no mention of the White House's refusal to commit to a levee system designed to withstand the most severe storms, on which numerous other news outlets have reported.
In a conversation with Radio Factor host Bill O'Reilly about President Bush's secret authorization of warrantless domestic wiretapping, Fox News senior judicial analyst Andrew P. Napolitano asked: "Would you feel this way if Hillary [Clinton] were president?" Napolitano then added: "Because then you know the pro-life and the pro-gun will -- they'll be targets of warrantless searches. ... And maybe conservative commentators will be targets of warrantless searches."
Bill O'Reilly declared on his radio show that "it's a matter of time before the United States of America and Great Britain will have to bomb the country of Iran."
At the end of an interview, Chris Matthews praises Homeland Security Secretary Michael Chertoff, saying, "[Y]ou're doing a great job."
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The Los Angeles Times and The Washington Post reported that President Bush's meeting with a bipartisan group of former secretaries of state and defense to discuss Iraq war policy lasted one hour. By contrast, The New York Times reported that the actual discussion lasted only 5 to 10 minutes, and the rest of the time was devoted to an "upbeat" briefing on the war.
Rush Limbaugh falsely claimed that the Foreign Intelligence Surveillance Court prevented the FBI from accessing the laptop computer of Zacarias Moussaoui -- the alleged "20th hijacker" in the September 11, 2001, terrorist plot -- immediately prior to the attacks. In fact, the Moussaoui case never reached the FISA court.
Gary Schmitt of the American Enterprise Institute falsely claimed, in an article in the The Weekly Standard, that FISA prevented the government from getting warrants in the Zacarias Moussaoui and Wen Ho Lee cases, even though formal reviews of those cases determined that it was misinterpretation of FISA, not the law itself, that prevented the FBI from getting the warrants in question.
A New York Times article characterized the National Security Agency's domestic spying program as "eavesdrop[ping] on some international calls involving people in the United States." However, the exact scope and dimensions of the program remain unclear, and there is evidence that it intercepted communications in which all parties were located in the United States.