The American Mind

President Bush put his domestic terrorist eavesdropping program under the FISA court’s authority:

President George W. Bush has decided not to reauthorize the controversial domestic warrantless surveillance program for terrorism suspects and to put it under the authority of a secret special court, Attorney General Alberto Gonzales said on Wednesday.

“The president has determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires,” Gonzales wrote in a letter to Senate leaders.

“Any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court,” Gonzales said.

“Bush Won’t Reauthorize Eavesdropping Program”

UPDATE: Ed Morrissey calls it a “significant climbdown on all fronts.” Chalk one up for the Democrats and their electoral victory last November. The supposedly stubborn administration (whose arguments were reasonable to me) didn’t “stay the course” on this issue.

UPDATE II: Sen. Patrick Leahy approves:

“I welcome the President’s decision not to reauthorize the NSA’s warrantless spying program and instead to seek approval for all wiretaps from the Foreign Intelligence Surveillance Court, as the law has required for years.

“Since this program was first revealed, I have urged this Administration to inform Congress what the government is doing and to comply with the checks and balances Congress wrote into law in the Foreign Intelligence Surveillance Act.

“We must engage in all surveillance necessary to prevent acts of terrorism, but we can and should do so in ways that protect the basic rights of all Americans including the right to privacy. The issue has never been whether to monitor suspected terrorists but doing it legally and with proper checks and balances to prevent abuses.

“Providing efficient but meaningful court review is a major step toward addressing those concerns.

“I continue to urge the President to fully inform Congress and the American people about the contours of the Foreign Intelligence Surveillance Court order authorizing this surveillance program, and of the program itself. Only with meaningful oversight can we ensure the balance necessary to achieve security with liberty.”

UPDATE IV: Orin Kerr wonders if the FISC gave the administration a “blanket order approving the entire program.”

Ryan Singel wonders if new law was created. [via Defense Tech]