Story Published:
Dec 30, 2005 at 7:24 PM PST
Story Updated:
Aug 31, 2006 at 1:10 AM PST
WASHINGTON, D.C. - The Justice Department has opened another
investigation into leaks of classified information, this time to
determine who divulged the existence of President Bush's secret
domestic spying program.
The inquiry focuses on disclosures to The New York Times about
warrantless surveillance conducted by the National Security Agency
since the Sept. 11 terrorist attacks, officials said.
The newspaper recently revealed the existence of the program in
a front-page story that also acknowledged that the news had been
withheld from publication for a year, partly at the request of the
administration and partly because the newspaper wanted more time to
confirm various aspects of the program.
White House spokesman Trent Duffy said Justice undertook the
action on its own, and Bush was informed of it Friday.
"The leaking of classified information is a serious issue. The
fact is that al-Qaida's playbook is not printed on Page One and
when America's is, it has serious ramifications," Duffy told
reporters in Crawford, Texas, where Bush was spending the holidays.
Catherine Mathis, a spokeswoman for the Times, declined to
comment.
Disclosure of the secret spying program two weeks ago unleashed
a firestorm of criticism of the administration. Some critics
accused the president of breaking the law by authorizing intercepts
of conversations - without prior court approval or oversight - of
people inside the United States and abroad who had suspected ties
to al-Qaida or its affiliates.
Bush, who publicly acknowledged the program's existence and
described how it operates, has argued that the initiative is legal
in a time of war.
The inquiry launched Friday is only the most recent effort by
the Bush administration to determine who is disclosing information
to journalists.
Two years ago, a special counsel was named to investigate who
inside the White House gave reporters the identity of CIA operative
Valerie Plame, an effort that led to perjury and obstruction of
justice charges against Vice President Dick Cheney's top aide,
Lewis I. "Scooter" Libby.
More recently, the Justice Department has begun examining
whether classified information was illegally disclosed to The
Washington Post about a network of secret CIA prisons in Eastern
Europe and elsewhere.
The NSA leak probe was launched after the Justice Department
received a request from the spy agency.
It is unclear whether Attorney General Alberto Gonzales will
recuse himself from the inquiry. He was White House counsel when
Bush signed the executive order authorizing the NSA, which is
normally confined to overseas operations, to spy on conversations
taking place on American soil.
For the past two weeks, Gonzales also has been one of the
administration's point men in arguing that the president has the
constitutional authority to conduct the spying.
"It's pretty stunning that, rather than focus on whether the
president broke his oath of office and broke federal law, they are
going after the whistleblowers," said Anthony D. Romero, executive
director of the American Civil Liberties Union.
Romero said a special prosecutor from outside the Justice
Department needs to be appointed. "This confirms many of the fears
about Gonzales' appointment - that he would not be sufficiently
independent from the president and that he would play the role of a
crony," he said.
Duke University law professor Scott Silliman agreed that the
Justice Department is taking the wrong approach.
"Somebody in the government has enough concern about this
program that they are talking to reporters," Silliman said. "I
don't think that is something the Justice Department should try to
prosecute."
Douglas Kmiec, a Pepperdine University law professor, said the
Justice probe is the next logical step because the NSA is alleging
a violation of a law that prohibits disclosure of classified
information.
"The Department of Justice has the general obligation to
investigate suspected violations of the law," Kmiec said. "It
would be extraordinary for the department not to take up this
matter."
The NSA probe likely will result in a repeat of last summer's
events in Washington, where reporters were subpoenaed to testify
about who in the administration told them about Plame's work at the
CIA. New York Times reporter Judith Miller spent 85 days in jail
for refusing to reveal her sources.
Lucy Dalglish, executive director of the Reporters Committee for
Freedom of the Press, said the Plame investigation was about
"political gamesmanship." But, she said, the NSA leak probe is
frightening.
"In this case, there is no question that the public needed to
know what the New York Times reported," she said. "It's much more
of a classic whistleblower situation. The public needs to know when
the government is engaged in things that may well be
unconstitutional."
The surveillance program bypassed a nearly 30-year-old secret
court established to oversee highly sensitive investigations
involving espionage and terrorism.
Administration officials insisted that Bush has the power to
conduct warrantless surveillance under the Constitution's war
powers provision. They argued that Congress also gave Bush the
power when it authorized the use of military force against
terrorists in a resolution adopted within days of the Sept. 11
attacks.