From: "Gary Britt" 

Note her statement in 2.  She states that domestic to foreign calls are NOT
covered by FISA and no warrant is needed, by stating that domestic to
domestic is covered!!!!

Gary

"Rich Gauszka"  wrote in message
news:43c72a68{at}w3.nls.net...
> Here is her  statement from Dec 21 that includes what powerline and you
> quoted. A bit of selective quoting I'd say.
> You and Powerline *forgot* the inappropriate portion
>
> http://www.house.gov/harman/press/releases/2005/1221PR_nsa.html
>
> Washington , D.C. - Congresswoman Jane Harman (D-CA), Ranking Member on
the
> House Intelligence Committee, today issued the following statement:
>
> "As the Ranking Democrat on the House Intelligence Committee, I have been
> briefed since 2003 on a highly classified NSA foreign collection program
> that targeted Al Qaeda. I believe the program is essential to US national
> security and that its disclosure has damaged critical intelligence
> capabilities.
>
> "Due to its sensitive nature, I have been barred from discussing any
aspect
> of this program, and until the President described certain parts of it on
> Saturday, I have made no comment whatsoever.
>
> "Like many Americans, I am deeply concerned by reports that this program
in
> fact goes far beyond the measures to target Al Qaeda about which I was
> briefed. Since Saturday, I have consulted my staff as well as attorneys
who
> specialize in constitutional law and now believe that:
>
>   1. It was inappropriate to limit congressional briefings on this program
> to the so-called Gang of Four the most senior majority and minority
members
> of the House and Senate Intelligence Committees. The National Security Act
> of 1947 gives the President authority to limit congressional briefings
only
> when covert action - not foreign collection - is involved.
>
>   House Intelligence Committee Democrats have written to the President and
> Chairman Pete Hoekstra requesting a briefing as well as open and closed
> hearings as soon as Congress reconvenes in January. Vigorous congressional
> oversight requires Member and staff involvement.
>
>   2. Domestic-to-domestic surveillance requires the approval of a FISA
> court. It has always been my view that the President must seek FISA
approval
> if domestic-to-domestic surveillance is involved. The FISA statute allows
a
> 72-hour grace period in an emergency.
>
>   3) The Blue Ribbon Commission called for by a number of House Democrats
is
> a very good idea. Once armed with full information, Congress can and
should
> change the laws regarding domestic surveillance if warranted.
>
> "We must use all lawful tools to detect and disrupt the plans of our
> enemies; signals intelligence and the work of the NSA are vital to that
> mission. But in doing so, it is also vital that we protect the American
> people's constitutional rights."
>
> ###
>
> "Gary Britt"  wrote in message
> news:43c72871$1{at}w3.nls.net...
> > Where does that self serving CYA letter say that she retracts her
> > statements
> > that the NSA leaks were VERY HARMFUL to the country?
> >
> > Gary
> >
> > "Rich Gauszka"  wrote in message
> > news:43c7241b{at}w3.nls.net...
> >>
> >> "Gary Britt" 
wrote in message
> >> news:43c71993{at}w3.nls.net...
> >> > Well such strong Bushies as Democrat and ranking member
of the House
> >> > Intelligence Committee, Jane Harmon, widely and highly regarded in
> >> > intelligence matters stated for the record just a few
days ago that
the
> >> > NSA
> >> > leak was VERY HARMFUL to the country.
> >> >
> >> > Others not in a position to know are of course free to blather on
about
> >> > how
> >> > such claims of harm are "hollow".
> >> >
> >> > There was obviously great harm, but the criminal
statutes applicable
to
> >> > this
> >> > series of crimes doesn't require harm.  Its a crime even
when there
is
> > no
> >> > harm.
> >> >
> >> > Gary
> >> >
> >> >
> >>
> >> Try Jane Harmon's website instead of powerline
> >>
> >> "now believe that the practice of briefing only certain
Members of the
> >> intelligence committees violates the specific requirements of the
> >> National
> >> Security Act of 1947."
> >>
> >> http://www.house.gov/harman/press/releases/2006/0104PR_nsaprogram.html
> >>
> >> January 4, 2006
> >>
> >> The President of the United States
> >> The White House
> >> Washington, DC 20500
> >>
> >> Dear Mr. President:
> >>
> >> On December 17, 2005, six members of the House Permanent Select
Committee
> > on
> >> Intelligence requested a briefing for the full Committee concerning
> > certain
> >> publicly-reported activities of the National Security Agency. As you
> >> know,
> >> since 2003, I have been a member of the so-called Gang of Eight - which
> >> includes the Speaker and Minority Leader of the House, the Majority and
> >> Minority Leaders of the Senate and the Chairmen and Ranking Members of
> >> the
> >> congressional intelligence committees. As a member of the Gang of
Eight,
> >> I
> >> have received periodic briefings on highly classified programs.
However,
> >> with respect to the NSA program that you have disclosed, I have
reviewed
> > the
> >> law and now believe that the practice of briefing only certain Members
of
> >> the intelligence committees violates the specific requirements of the
> >> National Security Act of 1947.
> >>
> >> The National Security Act requires that "The President
shall ensure
that
> > the
> >> congressional intelligence committees are kept fully and currently
> > informed
> >> of the intelligence activities of the United States . . .
." 50 U.S.C.
$
> >> 413(a)(1). The Act makes clear that the requirement to keep the
> >> committees
> >> informed may not be evaded on the grounds that "providing the
information
> > to
> >> the congressional intelligence committees would constitute the
> > unauthorized
> >> disclosure of classified information." 50 U.S.C. $ 413(e).
> >>
> >> The Act provides for one exception to the President's duty to keep all
> >> committee Members fully and currently informed of intelligence
> >> activities.
> >> In the context of a covert action, the President may, if he concludes
> >> that
> >> "it is essential . . . to meet extraordinary
circumstances affecting
> >> vital
> >> interests of the United States," limit notification to the Gang of
Eight.
> > 50
> >> U.S.C. $ 413b(c)(2). That procedure applies by the terms of the statute
> >> to
> >> covert actions, not intelligence collection activities.
> >>
> >> For all intelligence activities that are not covert actions, the
> >> Executive
> >> Branch's duty is clear: the "heads of all . . . entities
involved in
> >> intelligence activities shall . . . keep the congressional intelligence
> >> committees fully and currently informed of all intelligence
activities."
> > 50
> >> U.S.C. $ 413a(a)(1) (emphasis added).
> >>
> >> The NSA program does not qualify as a "covert
action." That term is
> > defined
> >> in the National Security Act as "activities of the United States
> > Government
> >> to influence political, economic, or military conditions abroad, where
it
> > is
> >> intended that the role of the United States Government will not be
> >>  apparent." 50 U.S.C. $ 413b(e). Covert actions, pursuant to the
statute,
> > do
> >> not include "activities the primary purpose of which is to acquire
> >> intelligence . . . ." 50 U.S.C. $ 413b(e)(1).
> >>
> >> As a general matter, Gang of Eight briefings do not provide for
effective
> >> oversight. Members of the Gang of Eight cannot take notes, seek the
> >> advice
> >> of their counsel, or even discuss the issues raised with their
committee
> >> colleagues. It is precisely for this reason that the law requires
> > briefings
> >> for the full committee. As you know, both congressional intelligence
> >> committees are select committees, formed of Members who hold the
highest
> >> security clearances and have a proven ability to safeguard classified
> >> information. They were formed to be a select subset of the Congress,
> >> which
> >> could provide oversight on behalf of their colleagues who do not sit on
> > the
> >> intelligence committees.
> >>
> >> I urge you to reconsider your position. In my view, failure to provide
> >> briefings to the full congressional intelligence committees is a
> > continuing
> >> violation of the National Security Act.
> >>
> >> Sincerely,
> >>
> >> Jane Harman
> >> Member of Congress
> >>
> >>
> >
> >
>
>

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