Did Cheney Press For More U.S. Spying?

(CBS/AP)  Two senior intelligence officials told the New York Times that shortly after the Sept. 11 attacks, Vice President Dick Cheney pressed the National Security Agency to intercept domestic phone calls and e-mails without warrants.

The officials, speaking on the condition of anonymity, said that although the NSA's lawyers stopped the plan from going through, a more limited program was adopted in which the U.S. would intercept calls and messages as long as one of the parties was outside of the United States. This plan, the officials said, was negotiated by Gen. Michael V. Hayden, who was then NSA's director.

The extent of Hayden's role in the expansion of warrantless eavesdropping is likely to come up at his confirmation hearings next week for the position of director of the Central Intelligence Agency.

The New York Times article, published Saturday, comes as President Bush continues to defend the scope of the government's domestic surveillance programs, after new disclosures kicked up a storm of controversy and threatened to impede the Senate confirmation of Mr. Bush's new pick to lead the CIA.

"The privacy of all Americans is fiercely protected in all our activities," Mr. Bush said in his weekly radio address Saturday. "The government does not listen to domestic phone calls without court approval. We are not trolling through the personal lives of millions of innocent Americans."

Mr. Bush's radio broadcast comes two days after news reports revealed the ultra-secret National Security Agency was collecting the phone records of tens of millions of Americans. The president read a similar statement in an impromptu appearance on Thursday.

The phone surveillance program, as CBS News Pentagon correspondent David Martin explains, works like this:

An alleged terrorist with ties to al Qaeda is arrested overseas. Any American phone numbers he has on him or stored in his cell phone or laptop are turned over to the NSA. Under wartime powers approved by the president, the NSA immediately begins listening in on any international calls made to or from that number, without going through the standard legal procedure of first obtaining a court order to establish a probable cause that the person using the phone is part of the al Qaeda network, Martin explains.

The NSA also runs that same captured phone number through its database of phone records to determine all the calls made to and from that number inside the United States, again without having to obtain a court order. However, even under wartime powers, the NSA is still prohibited from actually listening to calls made within the United States; if a suspicious pattern emerges, it would have to get a court order before eavesdropping, reports Martin.

USA Today reported Thursday that the NSA was building a database with the help of three major U.S. telephone companies a revelation that highlights the problem of balancing American civil liberties with efforts to protect citizens from terrorist attacks.

Without specifically confirming the database effort, Mr. Bush defended the intelligence activities he has authorized, saying they are focused on al Qaeda terrorists and their affiliates. He reiterated that they are lawful and that appropriate members of Congress, both Republican and Democrat, have been briefed on the surveillance activities.

"Americans expect their government to do everything in its power under our laws and Constitution to protect them and their civil liberties," Mr. Bush said. "That is exactly what we are doing. And so far, we have been successful in preventing another attack on our soil."

The NSA was using the data to analyze calling patterns in order to detect and track suspected terrorist activity, according to information the White House provided to Sen. Wayne Allard, R-Colo. "Telephone customers' names, addresses and other personal information have not been handed over to NSA as part of this program," Allard said.

Two New Jersey public interest lawyers, however, sued Verizon Communications Inc. on Friday for $5 billion, claiming the phone carrier violated privacy laws by turning over customers' records. The lawsuit asks the court to stop Verizon from supplying the information without a warrant or consent of the subscriber.

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