From The Consortium News
By Jason Leopold

George W. Bush justified his warrantless wiretapping by relying on Justice Department attorney John Yoo’s theories of unlimited presidential wartime powers, and started the spying operation even before Yoo issued a formal opinion, a government investigation discovered.

Essentially, President Bush took it upon himself to ignore the clear requirement of the 1978 Foreign Intelligence Surveillance Act that all domestic intelligence-related electronic spying must have a warrant from a secret federal court, not just presidential approval. Illegal wiretapping is a felony under federal law.

The July 10 report by the inspectors general of the CIA, National Security Agency, Justice Department and Defense Department also didn’t identify any specific terrorist attack that was thwarted by what was known as the President’s Surveillance Program (PSP), although Bush has claimed publicly that his warrantless wiretapping “helped detect and prevent terrorist attacks on our own country.”

In a 38-page unclassified report, the inspectors general said most U.S. intelligence officials who were interviewed “had difficulty citing specific instances where PSP reporting had directly contributed to counterterrorism successes.”

Bush authorized the PSP in October 2001, the month after the 9/11 terror attacks on New York and Washington, but Yoo’s first legal opinion “explicitly addressing the legality of the PSP was not drafted” by Yoo until Nov. 2, 2001.

Read more Spying