Snooping Docs During Ford's
Administration Released
By Margaret Ebrahim
The Associated Press
Washington - An
intense debate erupted during former U.S. president Gerald Ford's
administration over the president's powers to eavesdrop without warrants
to gather foreign intelligence, newly disclosed government documents
revealed.
Former
president George Bush, current Defence Secretary Donald Rumsfeld and
Vice-President Dick Cheney are cited in the documents. The roughly 200
pages of historic records reflect a remarkably similar dispute between the
White House and Congress fully three decades before President George W.
Bush's acknowledgment he authorized wiretaps without warrants of some
Americans in terrorism investigations.
"Yogi
Berra was right: it's deja vu all over again," said Tom Blanton, executive
director for the U.S. National Security Archives, a private research group
that compiles collections of sensitive government documents.
"It's
the same debate."
Senate
judiciary committee hearings are scheduled to begin Monday on the question
of Bush's authority to approve such wiretaps by the ultra-secretive
National Security Agency without a judge's approval. A focus of the
hearings is to determine whether the Bush administration's eavesdropping
program violated the Foreign Intelligence Surveillance Act, a 1978 law
with origins during Ford's presidency.
"We
strongly believe it is unwise for the president to concede any lack of
constitutional power to authorize electronic surveillance for foreign
intelligence purposes," wrote Robert Ingersoll, then deputy secretary of
state, in a 1976 memorandum to Ford about the proposed bill on electronic
surveillance.
Former
president Bush, then director of the CIA, wanted to ensure "no unnecessary
diminution of collection of important foreign intelligence" under the
proposal to require judges to approve terror wiretaps, said a March 1976
memorandum he wrote to the Justice Department. Bush also complained some
major communications companies were unwilling to install government
wiretaps without a judge's approval. Such a refusal "seriously affects the
capabilities of the intelligence community," Bush wrote.
In
another document, Jack Marsh, a White House adviser, outlined options for
Ford over the wiretap legislation. Marsh alerted Ford to objections by
Bush as CIA director and Rumsfeld, former secretary of state Henry
Kissinger and Brent Scowcroft over the scope of a provision to require
judicial oversight of wiretaps. At the time, Rumsfeld was defense
secretary, Kissinger was secretary of state and Scowcroft was the White
House national security adviser.
Some
experts weren't surprised the cast of characters in this national debate
remained largely unchanged over 30 years.
"People
don't change their stripes," said Kenneth Bass a former senior Justice
Department lawyer who oversaw such wiretap requests during former
president Jimmy Carter's administration.
Lisa
Graves, senior counsel for legislative strategy at the American Civil
Liberties Union, said comparing the Ford-era debate to the current
controversy is "misleading because no matter what Mr. Cheney or Mr.
Rumsfeld may have argued back in 1976, the fact is they lost. When
Congress passed the Foreign Intelligence Surveillance Act in 1978,
Congress decisively resolved this debate.
"Unlike
the current administration, the Ford administration never claimed the
right to violate a law requiring judicial oversight of wiretaps in foreign
intelligence investigations if Congress were to pass such a law."
The
National Security Archives separately obtained many of the same documents
and intended to publish them on its website Saturday.
The
documents include one startling similarity to Washington's current
atmosphere over disclosures of classified information by the news media.
Notes from a 1975 meeting between Cheney, then White House chief of staff,
then Attorney General Edward Levi and others cite the "problem" of a New
York Times newspaper article by Seymour Hersh about U.S. submarines spying
in Soviet waters. Participants considered a formal FBI investigation of
Hersh and the Times and searching Hersh's apartment "to go after (his)
papers," the document said.
"I was
surprised," Hersh said in a telephone interview Friday.
"I was
surprised that they didn't know I had a house and a mortgage."
One
option outlined at the 1975 meeting was to "ignore the Hersh story and
hope it doesn't happen again."
Participants worried about "will we get hit with violating the First
Amendment to the Constitution?"
CIA
Director Porter Goss told legislators this week recent disclosures about
sensitive programs were severely damaging, and he urged prosecutors to
impanel a grand jury to determine "who is leaking this information."
The
National Security Agency earlier asked the Justice Department to open a
formal leaks investigation over news reports of its terrorism wiretaps.
February
3,
2006
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