Members of Congress denied access to basic information about NSA | Glenn Greenwald

Comment is free: Glenn Greenwald on security and liberty | guardian.co.uk 2013-08-04

Summary:

Documents provided by two House members demonstrate how they are blocked from exercising any oversight over domestic surveillance • Morgan Griffith's requests for NSA informationAlan Grayson's requests for NSA information

Members of Congress have been repeatedly thwarted when attempting to learn basic information about the National Security Agency (NSA) and the secret FISA court which authorizes its activities, documents provided by two House members demonstrate.

From the beginning of the NSA controversy, the agency's defenders have insisted that Congress is aware of the disclosed programs and exercises robust supervision over them. "These programs are subject to congressional oversight and congressional reauthorization and congressional debate," President Obama said the day after the first story on NSA bulk collection of phone records was published in this space. "And if there are members of Congress who feel differently, then they should speak up."

But members of Congress, including those in Obama's party, have flatly denied knowing about them. On MSNBC on Wednesday night, Sen. Richard Blumenthal (D-Ct) was asked by host Chris Hayes: "How much are you learning about what the government that you are charged with overseeing and holding accountable is doing from the newspaper and how much of this do you know?" The Senator's reply:

The revelations about the magnitude, the scope and scale of these surveillances, the metadata and the invasive actions surveillance of social media Web sites were indeed revelations to me."

But it is not merely that members of Congress are unaware of the very existence of these programs, let alone their capabilities. Beyond that, members who seek out basic information - including about NSA programs they are required to vote on and FISA court (FISC) rulings on the legality of those programs - find that they are unable to obtain it.

Two House members, GOP Rep. Morgan Griffith of Virginia and Democratic Rep. Alan Grayson of Florida, have provided the Guardian with numerous letters and emails documenting their persistent, and unsuccessful, efforts to learn about NSA programs and relevant FISA court rulings.

"If I can't get basic information about these programs, then I'm not able to do my job", Rep. Griffith told me. A practicing lawyer before being elected to Congress, he said that his job includes "making decisions about whether these programs should be funded, but also an oath to safeguard the Constitution and the Bill of Rights, which includes the Fourth Amendment."

Rep. Griffith requested information about the NSA from the House Intelligence Committee six weeks ago, on June 25. He asked for "access to the classified FISA court order(s) referenced on Meet the Press this past weekend": a reference to my raising with host David Gregory the still-secret 2011 86-page ruling from the FISA court that found substantial parts of NSA domestic spying to be in violation of the Fourth Amendment as well as governing surveillance statutes.

In that same June 25 letter, Rep. Griffith also requested the semi-annual FISC "reviews and critiques" of the NSA. He stated the rationale for his request: "I took an oath to uphold the United States Constitution, and I intend to do so."

Almost three weeks later, on July 12, Rep. Griffith requested additional information from the Intelligence Committee based on press accounts he

Link:

http://www.theguardian.com/commentisfree/2013/aug/04/congress-nsa-denied-access

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comment nsa theguardian.com united states

Authors:

Glenn Greenwald

Date tagged:

08/04/2013, 09:50

Date published:

08/04/2013, 08:26