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Ford Administration Also Debated Legality of Warrantless Intelligence Monitoring

Tomorrow, the Associated Press will release 200 pages of government documents it has received concerning debates in the Ford Adminstration over conducting warrantless surveillance for national security purposes.

The roughly 200 pages of historic records obtained by The Associated Press reflect a remarkably similar dispute between the White House and Congress fully three decades before President Bush's acknowledgment he authorized wiretaps without warrants of some Americans in terrorism investigations.

Among those named in the documents: George H.W. Bush, Donald Rumsfeld and Dick Cheney. As one analyst says, "It's deja-vu all over again."

FISA was passed in 1978, during the Ford Administration. Papa Bush and other Republicans were afraid the law would diminish presidential powers.

We strongly believe it is unwise for the president to concede any lack of constitutional power to authorize electronic surveillance for foreign intelligence purposes," wrote Robert Ingersoll, then-deputy secretary of state, in a 1976 memorandum to President Ford about the proposed bill on electronic surveillance.

George H.W. Bush, then director of the CIA, wanted to ensure "no unnecessary diminution of collection of important foreign intelligence" under the proposal to require judges to approve terror wiretaps, according to a March 1976 memorandum he wrote to the Justice Department.

There's another parallel between 1976 and now concerning reporters leaking national security information.

Notes from a 1975 meeting between Cheney, then White House chief of staff, then-Attorney General Edward Levi and others cite the "problem" of a New York Times article by Seymour Hersh about U.S. submarines spying inside Soviet waters. Participants considered a formal FBI investigation of Hersh and the Times and searching Hersh's apartment "to go after (his) papers," the document said.

One option outlined at the 1975 meeting was to "ignore the Hersh story and hope it doesn't happen again." Participants worried about "will we get hit with violating the First Amendment to the Constitution?"

[p. Hat tip Patriot Daily.]

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    Re: Ford Administration Also Debated Legality of W (none / 0) (#1)
    by chemoelectric on Fri Feb 03, 2006 at 10:35:36 PM EST
    In my country, the president in 1978 was Jimmy Carter.

    Indeed, the reason FISA did not pass until 1978 was that Ford/Cheney/Rumsfeld were around until 1976. As chemoelectric has already noted.