The Justice Department needs to investigate whether the secretiveness of Bush’s warrantless wiretapping program tainted terrorism prosecutions by hiding exculpatory evidence from defendants, an oversight report from five inspectors general warned Friday.
The report (.pdf), mandated by Congress, also warned that President’ Bush’s post-9/11 extrajudicial intelligence programs involved unprecedented collection of communications, and that the government needs to be careful about storing and using that data.
Senator Russ Feingold, Wisconsin Democrat who sits on the Intelligence committee, said the report showed the programs were “outrageous” and called for more declassification.
“This report leaves no doubt that the warrantless wiretapping program was blatantly illegal and an unconstitutional assertion of executive power,” Feingold said. “I once again call on the Obama administration and its Justice Department to withdraw the flawed legal memoranda that justified the program and that remain in effect today.”
The government has only admitted to eavesdropping on calls and e-mails where one end was overseas and one person was suspected to be a terrorist. It has never officially confirmed that it sucked in the telephone records of millions of Americans or eavesdropped wholesale on the internet, despite repeated media reports and confirmations from Congress members. But the report makes clear that there were more intelligence programs that the so-called “Terrorist Surveillance Program” that the administration acknowledged after the New York Times revealed in December 2005.
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