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Media Matters for AmericaOn the May 14 edition of NBC's Today, during an interview with former CIA agent Michael Sheehan about his new book, Crush the Cell: How to Defeat Terrorism Without Terrorizing Ourselves (Crown, May 2008), host Matt Lauer said, "You say we've got to use more undercover agents, informants, wiretapping, email surveillance, the works. The sound you just heard, Michael, is the far left, grabbing for their remote controls, 'cause they say, you're going to do this, you're going to trample civil liberties." In fact, despite Lauer's suggestion that it is only "the far left" that is concerned about "trampled civil liberties," Americans across the political spectrum have denounced the Bush administration for alleged violations of civil liberties, including conservatives such as former congressman (and current Libertarian Party presidential candidate) Bob Barr, former Reagan administration associate deputy attorney general Bruce Fein, other members of the conservative American Freedom Agenda, and members of the libertarian Cato Institute....
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Lauer also could have pointed to reports of dissent within the Bush administration over the legality of the NSA's domestic surveillance activities. In their December 16, 2005, New York Times article on NSA "eavesdropping," Times reporters Eric Lichtblau and James Risen wrote: "Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation's legality and oversight."
In a March 30 Times article adapted from his book, Bush's Law: The Remaking of American Justice (Pantheon, April 2008), Lichtblau wrote: "In one previously undisclosed episode, (then-) Deputy Attorney General Larry Thompson refused to sign off on any of the secret wiretapping requests that grew out of the program because of the secrecy and legal uncertainties surrounding it, the officials said."...
In addition, as Media Matters documented, Lichtblau and Risen reported on another instance of dissent over the NSA program in a January 1, 2006, Times article. Lichtblau and Risen noted that in March 2004, then-Deputy Attorney General James Comey was serving as acting attorney general while then-Attorney General John Ashcroft was in the hospital. Lichtblau and Risen reported that Comey objected strenuously to the continuation of the NSA program, prompting Andrew H. Card Jr., then the White House chief of staff, and Alberto R. Gonzales, White House counsel at the time, to visit Ashcroft's hospital room to obtain Department of Justice approval for "aspects of the National Security Agency's domestic surveillance program." At a May 15, 2007, Senate Judiciary Committee hearing, Comey testified that after the hospital meeting, the program under discussion at the hospital "was reauthorized without us and without a signature from the Department of Justice attesting as to its legality." He also said of the attempt to get Ashcroft to sign off on the program: "I was very upset. I was angry. I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me."
Concerns over the legality of the domestic surveillance program also reportedly extended to members of the judiciary. Lichtblau reported in a January 10, 2006, Times article that "the Justice Department held an unusual closed-door briefing Monday for judges on a secret foreign-intelligence court in response to concerns about President Bush's decision to allow domestic eavesdropping without warrants." He added that Judge Colleen Kollar-Kotelly, the presiding judge of the Foreign Intelligence Surveillance Court (FISC), "raised objections in 2004 to aspects of the program and instructed for a time that no material obtained by the N.S.A. without warrants could be presented to the court in warrant applications." In addition, according to media reports, Judge James Robertson resigned from the FISC in December 2005 in protest of the NSA's eavesdropping program....
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