http://www.nytimes.com/2007/11/14/washington/14justice.html?n=Top/Reference/
Times%20Topics/People/S/Shane,%20Scott




November 14, 2007


Bush Approves Clearances for N.S.A. Inquiry 


By
<http://topics.nytimes.com/top/reference/timestopics/people/s/scott_shane/in
dex.html?inline=nyt-per> SCOTT SHANE

New York Times

WASHINGTON, Nov. 13 - Just four days after
<http://topics.nytimes.com/top/reference/timestopics/people/m/michael_b_muka
sey/index.html?inline=nyt-per> Michael B. Mukasey was sworn in as attorney
general, Justice Department officials said Tuesday that President Bush had
reversed course and approved long-denied security clearances for the Justice
Department's ethics office to investigate the
<http://topics.nytimes.com/top/reference/timestopics/organizations/n/nationa
l_security_agency/index.html?inline=nyt-org> National Security Agency's
warrantless surveillance program. The department's inspector general has
been investigating the department's involvement with the N.S.A. program for
about a year, but the move suggested both that Mr. Mukasey wanted to remedy
what many in Congress saw as an improper decision by the president to block
the clearances and that the White House chose to back him. 

Tony Fratto, a White House spokesman, and Brian Roehrkasse, a Justice
Department spokesman, declined to say whether Mr. Mukasey had pressed Mr.
Bush on the clearances for the department's Office of Professional
Responsibility. Mr. Mukasey himself had indicated in a written answer to
senators on Oct. 30, before his confirmation, that the clearance issue had
been resolved. But Democrats said they thought Mr. Mukasey deserved credit.

"It seems the new attorney general understands that his responsibility is to
the American people and the rule of law and not to any particular person,
including the president," said Representative
<http://topics.nytimes.com/top/reference/timestopics/people/h/maurice_d_hinc
hey/index.html?inline=nyt-per> Maurice D. Hinchey, Democrat of New York, who
had first demanded the internal Justice Department investigation. 

In response to appeals from Mr. Hinchey and other members of Congress, the
head of the Office of Professional Responsibility, H. Marshall Jarrett, said
in February 2006 that he had opened an investigation of the conduct of
department lawyers in approving and overseeing the N.S.A. program. But three
months later he said the inquiry had been dropped because his staff had been
denied the necessary high-level clearances.

The Justice Department later said that
<http://topics.nytimes.com/top/reference/timestopics/people/g/alberto_r_gonz
ales/index.html?inline=nyt-per> Alberto R. Gonzales, the attorney general at
the time, had recommended that the clearances be granted but that Mr. Bush
declined to approve them.

Mr. Roehrkasse said the Office of Professional Responsibility's
investigation "will focus on whether the D.O.J. attorneys who were involved
complied with their ethical obligations of providing competent legal advice
to their client and of adhering to their duty of candor to the court."

Officials said it was unlikely that either of the inquiries would address
directly the question of the legality of the N.S.A. program itself : whether
eavesdropping on American soil without court warrants violated the Foreign
Intelligence Surveillance Act. They said that decision had been left to the
courts.

Under the program, which began after the Sept. 11 attacks and ended in
January, the National Security Agency intercepted without court warrants the
international phone calls and e-mail messages of Americans and others in the
United States suspected of ties to
<http://topics.nytimes.com/top/reference/timestopics/organizations/a/al_qaed
a/index.html?inline=nyt-org> Al Qaeda. 

The Office of Legal Counsel at the Justice Department initially approved the
program in late 2001. But the head of the office,
<http://topics.nytimes.com/top/reference/timestopics/people/g/jack_l_goldsmi
th/index.html?inline=nyt-per> Jack Goldsmith, decided in 2004 that part of
the program violated the law and declined to reauthorize it. Mr. Bush agreed
to change the program to satisfy the legal objections.

.
 
<http://geo.yahoo.com/serv?s=97359714/grpId=11648958/grpspId=1705447214/msgI
d=48113/stime=1195041039/nc1=3848621/nc2=5028927/nc3=4836037> 
 


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