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An Impeachable Offense? Bush Admits Authorizing NSA to Eavesdrop on Americans Without Court Approval

Leftist Union Leader Evo Morales Poised to Become First Indigenous President of Bolivia

WTO Talks Close with Partial Trade Agreement, Over 900 Protesters Arrested in Hong Kong

 

An Impeachable Offense? Bush Admits Authorizing NSA to Eavesdrop on Americans Without Court Approval

President Bush has admitted he secretly ordered the National Security Agency to eavesdrop on Americans without ever seeking court approval. Famed constitutional attorney Martin Garbus and former intelligence officer, Christopher Pyle both say it is an impeachable offense. We also speak with investigative journalist James Bamford about the history of the NSA. Plus, The New York Times exposed the story, but why did they hold it for more than a year? [includes rush transcript]

President Bush has admitted he secretly ordered the National Security Agency to eavesdrop on Americans without ever seeking constitutionally-required court approved warrants. Under the program -- authorized in the weeks following the 9/11 attacks -- the agency has monitored the international phone calls and e-mails of hundreds -- and possibly thousands -- of people inside the country. The New York Times broke the story Friday. Hours later, Bush was interviewed by PBS' Jim Lehrer.

  • President Bush, interviewed on PBS' NewsHour with Jim Lehrer, December 16, 2005.

Bush later reiterated he would not comment on the program because doing so would: "compromise our ability to protect the people." But less than twenty-hours later, after a storm of public criticism, he reversed his position. This is President Bush, in his weekly radio address Saturday.

The disclosure has led to bi-partisan calls for a congressional investigation. In response, administration officials pointed out both Democratic and Republican congressional leaders had been briefed on the program. But former Democratic Senator Bob Graham, who attended the briefings as chair of the Senate Intelligence Committee, told the Washington Post he was never informed of the two key issues to arise from the disclosure. Graham says he was never told the government was eavesdropping on U.S. citizens and foreign nationals in the country, nor was he told it was bypassing the special courts imposed by the Foreign Intelligence Surveillance Act, or FISA.

Under FISA, the government can obtain warrants directly from a special court that requires almost no evidence or probable cause. Passed by Congress in late 1970s, FISA describes it itself and the criminal wiretap statutes as "the exclusive means by which electronic surveillance . . . may be conducted."

Several analysts have questioned the administration's decision to not seek court-approved warrants when FISA courts have almost never rejected them. According to the Electronic Privacy Information Center, FISA courts have rejected only FOUR of over 15,000 warrant requests made since 1979. That number includes over 4,000 warrant requests since the 9/11 attacks.

The Washington Post notes the revelation marks the third time in as many months the Bush administration has been forced to defend a departure from previous restraints on domestic surveillance. Most recently, NBC News reported last week the Pentagon has been conducting domestic intelligence on peaceful anti-war protesters and others.

But the revelation also marks the second time in as many months one of the country's leading newspapers has withheld information at the request of the Bush administration. In a November piece on the existence of CIA-run, Soviet-era prisons in Eastern Europe, the Washington Post complied with a White House request to withhold information administration officials said could be harmful to national security. In its report Friday, the New York Times revealed it had not only withheld information, but had in fact delayed publishing the story -- also at the government's request - for at least one year.

  • Martin Garbus, a partner in the law firm of Davis & Gilbert LLP. Time Magazine calls him "one of the best trial lawyers in the country," while the National Law Journal has named him one of the country's top ten litigators.
  • James Bamford, investigative journalist and author of several books including the first book ever written about the National Security Agency called "The Puzzle Palace : Inside America's Most Secret Intelligence Organization." He is also author of "Body of Secrets: Anatomy of the Ultra-Secret National Security Agency"; and most recently, "A Pretext for War: 9/11, Iraq, and the Abuse of America's Intelligence Agencies."
  • Christopher Pyle, Professor of Politics at Mt. Holyoke. In 1970 Pyle disclosed the military's surveillance of civilian politics and, as a consultant to three Congressional committees, worked to end it.

 

Leftist Union Leader Evo Morales Poised to Become First Indigenous President of Bolivia

In Bolivia, union leader Evo Morales has claimed a stunning victory in Sunday's presidential elections. Exit polls show Morales won just over 50% of the vote - giving him the greatest political mandate that any Bolivian president has had in decades. Morales would become the country's first indigenous head of state. He has vowed to increase state controls over Bolivia's key gas resources and to protect coca plantations. We go to Bolivia for a report. [includes rush transcript]

Exit polls from Bolivia's presidential election suggest a clear victory for left-wing Aymara Indian candidate, Evo Morales. Morales is a former coca leaf-grower and union leader. If elected, he would become Bolivia's first indigenous head of state.

Two separate exit polls showed Morales getting 51 percent of the vote, 20 points ahead of his nearest challenger, former President Jorge Quiroga. Quiroga conceded defeat Sunday and offered his congratulations to Morales and his Movement Toward Socialism party.

  • Evo Morales, speaking in Cochabamba, December 18th , 2005

The official election results have yet to be released. If no candidate wins 50% of the votes, the new parliament - also being elected on Sunday - will formally vote on who the next president should be.

Bolivia, South America's poorest state, has had five presidents in four years. Large-scale street demonstrations by Indian and union groups over the country's economic policies have toppled the last two presidents. It is currently governed by a caretaker President, Eduardo Rodriguez.

Bolivia's indigenous people make up more than half the population. On Sunday, Morales reiterated his pledge to increase state control over Bolivia's vast natural gas resources and to protect coca plantations. Bolivia is the world's third largest coca producer of coca leaf, the base ingredient of cocaine but also a medicinal plant popular with indigenous people. He said that under his administration, "there will be zero cocaine, zero drug trafficking but not zero coca."

The Bush administration has criticized Morales for his close ties to Venezuelan president Hugo Chavez and Cuban president Fidel Castro as well as his opposition to so-called free-trade policies. Morales closed his campaign Thursday by declaring his election would be a: "nightmare for the United States."

  • Jim Shultz executive director of the Democracy Center in Cochabama, Bolivia. He writes a blog on Bolivia that can be found at DemocracyCtr.org.

 

WTO Talks Close with Partial Trade Agreement, Over 900 Protesters Arrested in Hong Kong

The World Trade Organization wrapped up its six-day ministerial meeting on Sunday with a partial trade agreement. On Saturday police arrested 900 protesters during widespread protests on the streets of Hong Kong led by farmers, peasants and union members. We go to Hong Kong for a report. [includes rush transcript]

Yesterday was the close of the World Trade Organization's ministerial meeting in Hong Kong. Sunday wrapped up six days of talks by trade ministers from 149 countries looking to rewrite trade laws on agriculture, industrial goods and services. WTO negotiators cut a last minute deal on Sunday that would, among other things, end all agricultural export subsidies by 2013. Developing nations have charged that such government farm support to promote exports undercuts the ability of poor farmers to sell their goods. Many of these nations, led by Brazil, were pushing to end the payments by 2010. Non-governmental organizations expressed disappointment at the agreement. The relief agency OXFAM released a statement that read, "This is a profoundly disappointing text and a betrayal of development promises by rich countries whose interests have prevailed yet again."

Thousands of demonstrators also took to the streets during the conference. On Saturday, almost 1,000 protestors marched, confronted police and tried to force their way into the conference hall. 900 of the protestors were arrested. Most of the demonstrators were South Korean farmers worried that the trade organization's rules would require their country to allow imports of inexpensive rice.

  • Maude Barlow, the Director of the Council of Canadians describing Saturday's protest. Courtesy, Carolyn Crane of KVMR.

On Sunday, 5,000 demonstrators took to the streets to protest the talks. We go to Hong Kong to speak with Anuradha Mittal.

  • Anuradha Mittal, founder and director of The Oakland Institute, a California-based think that advocates for fair trade.

 

For a copy of today’s program, call 1 (800) 881 2359. Our website is www.democracynow.org. Our email address is mail@democracynow.org.

Democracy Now! is produced by Mike Burke, Sharif Abdel Kouddous, Ana Nogueira, Elizabeth Press, Jeremy Scahill and Parvez Sharma. Mike Di Filippo is our engineer.

Thanks also to Uri Galed, Angela Alston, Orlando Richards, Simba Russeau, Johnny Sender, Rich Kim, Joe Murgio, John Randolph, Chris Zucker, Karen Ranucci, Denis Moynihan, Eric Rweyemamu, Jenny Filipazzo and Isis Phillips.

 

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