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But senators heard no such explanation from Gonzales. Gonzales' announcement ended a 13-month brewing battle over the constitutionality of the Terrorist Surveillance Program, the warranteless wiretapping conducted by the Bush administration, which had vehemently defended its right to conduct super-secret eavesdropping on phone calls and e-mails of Americans without going through the well-established legal channels before doing so.” The Advance adds, “Democrats are crowing that the Bush administration could no longer -- in the face of widespread criticism from scholars and some Justice Department lawyers - defend its actions. But one senior Justice Department official said: ‘Obviously, this issue of the terrorist surveillance program is one that has been under intense public debate and scrutiny ...

They must persevere until they do.” The Staten Island Advance (NY) (1/23) editorializes, ‘‘Late last week U. Attorney General Alberto Gonzales, in a two-page letter to members of the Senate Judiciary Committee, announced the death of the Terrorist Surveillance Program, the super-secret program authorized by the president to eavesdrop on phone calls and e-mails of Americans believed to be communicating with suspected terrorists. considering all of these circumstances, the president determined that this was the appropriate course.’ ...

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For the first time, American officials uncovered a plan by al Qaeda in Iraq to strike inside the United States.” ABC (Thomas) added that “highly-classified incident documents” were “captured in a raid on an al Qaeda in Iraq safe house,” and “sources tell ABC News the documents show al Qaeda in Iraq was developing a plan to slip terrorists into the US using student visas, the same technique used by the 9/11 hijackers. The plot was discovered six months ago, around the time Zarqawi was killed by coalition forces.” The CBS Evening News (1/22, story 3, :30, Couric, 7.66M) noted, “CBS News has learned al Qaeda wanted to use student visas to get terrorists into this country.

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Thus, the president is constitutionally empowered to open mail, conduct electronic surveillance, break and enter homes, or torture detainees in defiance of federal statutes. He adds that President Bush, like British kings, can do no wrong in national securitymatters.Since men were not angels -- even saintly President George Washington - ambition must be made to counteract ambition to forestall the tyranny of ‘Animal Farm.’ Judicial review of presidential actions was enshrined in the expectation the White House would chronically seek to usurp or misuse power to boost its political standing, especially in times of conflict.” Fein concludes, “Notwithstanding the attorney general, the equilibrium of power among the legislative, executive and judicial branches has proven the best way to preserve an enlightened democratic dispensation for the ages.” The Corpus Christi (TX) Caller-Times (1/23) editorializes, “A year ago, when the program of warrantless wiretapping of overseas calls came to light, the Bush administration argued strongly that the surveillance was outside the purview of the courts. By virtue of the president's executive powers on behalf of national security, the White House said, the administration already had the power to monitor those communications. And aside from the inherent powers that gave the president the right to monitor those calls, the kind of massive electronic eavesdropping that was being done by the National Security Agency simply made the Carter-era Foreign Intelligence Surveillance Court an outmoded tool for dealing with the threat of terrorism.” The Caller-Times continues, “Trust us. And last week, in a quiet turnabout, the Bush administration announced that it was discontinuing the program of warrantless wiretaps and said that any future wiretaps would be done under the authority of the FISA Court. It was a welcome change of method, even if it did not represent a change of heart on the part of the Bush White House.” The Caller-Times adds, “The warrantless wiretapping program was an abuse of presidential powers and its dismantling should be welcomed by Americans. He said the United States arrested him and eventually sent him to Syria, where he allegedly was tortured and held for 10 months. In September, a Canadian report concluded that Arar wasn't a terrorism suspect. Syria defends its handling of the case, saying a Canadian diplomat visited Arar twice and found he was treated well.the White House said reassuringly; The program has all the necessary constitutional protections built into its system without any courts. The program, while it operated, overrode one of the basic constitutional protections against unreasonable searches and seizures bythe power of the state. Human rights groups widely criticia the Damascus government for torturing prisoners” AFP (1/23) reports, ‘‘Cn Monday, the US Center for Constitutional Rights, which is supporting Arar in his legal efforts, denounced the US keeping Arar on its watch list. ‘It is now crystal clear that the US has shown everything it has on Mr.USDOJ- Office of Public Affairs From: Sent: To: Subject: Attachments: USDOJ- Office of Public Affairs Tuesday, January 23, 2007 AM USDOJ- Office of Public Affairs Attorney General's News Briefing for Tuesday, January 23, 2007 agnb070123.pdf; agnb070123DOJ NMG 0120028 THE ATTORNEY GENERAL’S ^ BRIEFING Prepared for the Office of Public Affairs, U. Department of Justice by Bulletin News TO: THE ATTORNEY GENERAL AND SENIOR STAFF DATE: TUESDAY, JANUARY 23, 2007 AM EST Today’s Edition Terrorism News: Captured Documents Show Iraq Al Qaeda Plotted Attacks In US 4 Prosecutors Claim Padilla Defense Leak Could T aint Jury 4 Administration’s Change Of Surveillance Policy Sparks Commentary 4 US To Keep Syrian-Born Canadian On T errorism Watch List .6 Cohen Urges Stimson’s Firing 7 Homeiand Response: Continental Arlines Flight In T exas Delayed By Bomb Threat.

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In Thursday's Judiciary Committee hearing, the ever soft-spoken, ever genial attorney general would neither describe FISA orders that ended the warrantless wiretap program nor agree that senators had a right to see them. Congress must press the White House until it gets the information.” The Tribune adds, ‘‘Talks between the executive branch and the FISA court reportedly accelerated after the November elections.