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George W Bush Made Retroactive NSA 'Fix' After Hospital Room Showdown

circletimessquare writes: New details have emerged about the 2004 conflict between George W. Bush and his Attorney General, John Ashcroft, who was hospitalized when he forcefully disagreed with the president's authorization of the NSA's sweeping new collection powers after 9/11. The New York Times has discovered that the conflict was about a retroactive alteration of the President's wording on the legal theory by which the NSA is allowed to siphon up metadata on all Americans, not just certain targets or classes of targets, such as suspected terrorists. 'Mr. Bush, for the first time, explicitly said that his authorizations were "displacing" specific federal statutes, including the Foreign Intelligence Surveillance Act and criminal wiretapping laws... the president had "made an interpretation of law concerning his authorities" and that the Justice Department could not act in contradiction of Mr. Bush's determinations.' The president faced a severe backlash from the Justice Department, including a threat of mass resignation.

53 of 258 comments (clear)

  1. A discussion of constitutional limits of power? by xxxJonBoyxxx · · Score: 4, Insightful

    A discussion of constitutional limits of power ten years ago? How quaint. In 2015 we pretty much expect the president to do whatever he/she wants without regard to law of any kind.

    1. Re:A discussion of constitutional limits of power? by Archangel+Michael · · Score: 5, Insightful

      There is no 10th Amendment. "Commerce" clause overrules everything.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:A discussion of constitutional limits of power? by ohnocitizen · · Score: 2, Insightful

      Sigh. Is this about Obamacare? (http://www.thedailybeast.com/articles/2012/06/28/explaining-the-supreme-court-ruling-on-obamacare.html). If it is that big of a headache, let's make healthcare universal and remove every aspect of "commerce" from it's implementation in the US. Let's be like the rest of the civilized world.

    3. Re:A discussion of constitutional limits of power? by sycodon · · Score: 4, Insightful

      Regarding the Commerce Clause.

      To paraphrase the fictional character, Dr. Alan Grant, "Tyranny Finds a Way."

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    4. Re:A discussion of constitutional limits of power? by bugs2squash · · Score: 4, Insightful

      I would have said the opposite - I like the idea of each state having substantial differences per the will of the locals. As you say, the travel difficulties of the 18th century are largely eradicated now, people can move to the state they wish to live in fairly easily. The fact that, generally, people tend not to migrate to more up-market areas from within the US is, I think, the best indication that dropping the border restrictions around the world would not result in simply everyone in the world moving to Beverly Hills or wherever all the money is nowadays.

      --
      Nullius in verba
    5. Re:A discussion of constitutional limits of power? by tsotha · · Score: 5, Insightful

      I personally kind of like the idea that law would be uniform from state to state.

      Not me. Regions have different cultures, different geography, different levels of wealth. That means they like to do things differently. A national approach means one-size-fits-all, which is never going to be as efficient.

      The 55 mph federal speed limit is a perfect example. It may seem reasonable to people who live in hilly places that get bad weather, but if you live in Nevada, say, or Nebraska it's just a dumb idea.

    6. Re:A discussion of constitutional limits of power? by Bob+the+Super+Hamste · · Score: 2

      What that article fails to explain is that before it was found to be a tax after it was found to not be a tax within the same ruling mere moments before. I say it was a shitty ruling because it contradicts it self. There were 3 parts, the first was to decide if there was standing and that hinged on weather the penality/tax of the individual mandate was actually a tax. If it was a tax then the plaintiffs didn't have standing, if it wasn't the plaintiffs did have standing. So the court ruled that it wasn't a tax and therefore plaintiffs had standing. Then there was the medicare ruling, followed by the the ruling in which they reversed their previous decision saying it is a tax.

      --
      Time to offend someone
  2. Re:And that means... by tripleevenfall · · Score: 5, Insightful

    "The DOJ promises to thoroughly investigate its boss and find no wrongdoing."

  3. Re:Hypocrisy by tripleevenfall · · Score: 5, Insightful

    When someone we don't like does an evil, it's because they are evil. When someone we do like does an evil, it's okay, because they have goodness in their hearts.

  4. Wow... by Grog6 · · Score: 4, Funny

    So, Bush actually went full Gestapo, and the Justice Department and Ashcroft Backed it Down a bit?

    That's fucking amazing, really. I'm sure this is Bullshit, but I'm not sure which parts, or how much.

    Since Cheney isn't implicated as the originator of the Full Gestapo move, I'd be more willing to bet He's the one now trying to throw Bush under a bus for some reason.

    I dunno, but, like Obama found out: You can't vote out the Gestapo.

    Once they're here, it takes lives to go back.

    --
    Truth isn't Truth - Guliani
    1. Re:Wow... by Anonymous Coward · · Score: 5, Interesting

      So, Bush actually went full Gestapo, and the Justice Department and Ashcroft Backed it Down a bit?

      Pretty much, yeah. John "No boobs on the statue of Lady Justice" Ashcroft, and even James "No secure crypto for anybody" Comey, for all their faults, still believe(d) in the rule of law.

      When it comes to eliminating the rule of law by neutralizing both the legislative and judicial branches in favor of the executive, the same names always come up - Yoo and Addington - as the real powers behind the throne. Were they working for President Cheney, or did it go one level deeper than that -- they were merely Cheney's keepers (in the B5:Shadows sense of the word) whose job it was to whisper the right words into the ears of the powerful, and working constantly to find ways to legalize what was previously illegal? I'm not one for conspiracy theories, and there's insufficient data to speculate about who the real power behind the throne is/was/will be. We don't know and we'll probably never know.

      The most interesting revelation is that it made the NSA/Snowden testimony, in which Clapper and Hayden tried to argue that getting all the metadata but not looking at it somehow qualified as not having the metadata in the first place... now makes a lot more sense, from a legalistic point of view. Their bosses really did manage to make, in a twist of Orwellian blackwhite/doublethink, that "obtaining and retaining" was not the same thing as "acquiring." I kinda feel sorry for those goons during the Snowden hearings. They weren't technically lying, and they really couldn't explain that distinction without committing crimes themselves.

      Now, for better or worse, we know the legalistic reasoning behind the distinction. Thank you, Edward Snowden.

    2. Re:Wow... by Rainbow+Nerds · · Score: 5, Informative

      I don't think this is nonsense, and it's actually been reported before. See this Bill Moyers transcript for another, much older, source. Here are a couple more sources from 2007: http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051500864.html and http://www.washingtonpost.com/wp-dyn/content/article/2007/08/16/AR2007081601358.html. Basically, the White House was so desperate to have DoJ authorization for the program, they visited a man in the hospital who was very ill, almost certainly very medicated, and in no condition to make decisions about the legality of domestic surveillance. It seems like they were trying to take advantage of Ashcroft's state and trick him into signing the papers. Notably, Alberto Gonzales, an attorney general later in the Bush administration, was among those visiting from the White House. Also, Ashcroft wasn't even the Attorney General at the time; because of his illness, he had transferred the power to Deputy Attorney General Jim Comey. Bush went around Comey to try to take advantage of a very ill man to try to get the surveillance authorized.

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    3. Re:Wow... by tbannist · · Score: 3, Insightful

      Pretty much, yeah. John "No boobs on the statue of Lady Justice" Ashcroft, and even James "No secure crypto for anybody" Comey, for all their faults, still believe(d) in the rule of law.

      The memos that authorized torture came from the Justice Department on John Ashcroft's watch, so I'm not so sure about the "believing in the rule of law". Once you decided that you're ok with torturing people, you've already completely forgotten what the rule of law is.

      --
      Fanatically anti-fanatical
  5. Re:Hypocrisy by Archangel+Michael · · Score: 5, Insightful

    One evil doesn't excuse another. But overlooking an evil because it is your kind of evil is the worst kind of evil.

    Further, Obama has had six years to fix this "evil" and hasn't. And yet, nobody is blaming him for not doing anything about it ... because he is "your kind of evil" so you overlook it.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  6. Re:Hypocrisy by Nick · · Score: 5, Insightful

    Congratulations! It only took a few minutes before someone already brought the ACA into this.

    --
    Fuck Ajit Pai
  7. Re:Hypocrisy by tripleevenfall · · Score: 2

    I think there are two permutations of this "worst kind of evil".

    1. "My guy is doing it, so I'll look the other way.", and 2."The other guys got away with it, so I might as well use it to my advantage too"

  8. Re:Hypocrisy by Archangel+Michael · · Score: 3, Funny

    Stop supporting the lessor of two evils .... Cthulhu all the way!

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  9. Re:And that means... by __aaclcg7560 · · Score: 4, Insightful

    Really, anyone about to post condemnations of Bush should consider the fact that Your Hero as he same policies and have argued in court to keep them.

    Never mind that President Obama implemented the Republican agenda — Middle East foreign policy, tax policy and healthcare policy — with the Progressives looking the other way. He's probably the best moderate conservative president since Ronald Reagan.

  10. Re:Ashcroft hospitalized over NSA showdown? by Dunbal · · Score: 2

    Either that or it was the invitation to a hunting trip with Dick Cheney...

    --
    Seven puppies were harmed during the making of this post.
  11. Re:Ashcroft hospitalized over NSA showdown? by Rainbow+Nerds · · Score: 5, Informative

    There's no truth to that. Ashcroft had been hospitalized with acute pancreatitis. He had surgery the day before Bush and other White House staff members visited him. Bush didn't cause it, but it certainly says something about the legitimacy of the program when Ashcroft's authorization was sought while he was extremely ill and likely quite medicated.

    --
    M-I-Z
    kU still sucks!
  12. PBS Frontline by Tokolosh · · Score: 4, Interesting

    Will PBS re-make "Spying On The Home Front" in the light of subsequent revelations? The Ashcroft hospital incident is documented.

    http://www.pbs.org/wgbh/pages/...

    It's still worth watching.

    --
    Prove anything by multiplying Huge Number times Tiny Number
  13. Re:Hypocrisy by Anonymous Coward · · Score: 2, Interesting

    Serious question here - I understand that people love to hate Obamacare/ACA. But I don't understand why. What's bad about federally mandated healthcare that says the health insurance companies must offer all people coverage, cannot drop us after they pay out a certain amount (no lifetime maximums), and in general sets a specific lower rung for basic minimum coverage to maintain quality of life? This is similar to minimum car insurance requirements for all people who drive. Why does everyone hate it so much? I've always had good health insurance through employers, so I'm not aware of any effect it has had on me. But my policies have always had lifetime maximums, and now that is removed. Over time (a decade or so), I would expect that since everyone has insurance, there will be more doctors, likely driving the cost of doctors education down. More people filing insurance claims means a higher number of incidents. All of that works together to lower the actual cost per incident (insurance company paid $5k each for 20,000 procedures, but now they only pay $4k for 30,000 of the same procedure. Where's the downside? End users win with better insurance, doctors win with more patients (more procedures) and hopefully lower educational costs since there will be more medical schools competing for them, insurance companies win both with lower costs and a larger client base. Plenty of other countries already do this. Why is it so bad other than somebody is forcing me to buy something I didn't have to buy before (meaning a lot of times I personally subsidize those un-insured emergency room visits with my own taxes)? I really don't get it, and I'm not looking to start a flame war, so I'm posting as AC on purpose. If you have an intelligent response, I'm very curious as to what you see as the downside. There are specific scenarios for a small percentage of people where costs went up significantly because they make a bit over minimum wage and don't qualify for reduced fees, and maybe they chose not to have good insurance before (see my comment about public subsidized emergency room visits). But for low income, middle, and high I don't see the problem. It's just the extreme lower middle with an issue from what I can figure out.

  14. Re:Ashcroft hospitalized over NSA showdown? by HideyoshiJP · · Score: 2

    Definitely a wording problem here. The summary makes it sound like he was beat senseless *because* of his disagreement.

  15. Re:Hypocrisy by Archangel+Michael · · Score: 4, Insightful

    How about "I hate Bush for creating this mess, and Obama for continuing it on his watch"

    He's had six years in power and hasn't done shit. So he is equal to Bush, no better, no worse.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  16. Re:Hypocrisy by phantomfive · · Score: 4, Funny

    And what if we don't like either of them?

    Then don't post that because fanboys from both parties will mod you down.

    --
    "First they came for the slanderers and i said nothing."
  17. Re:Hypocrisy by rubycodez · · Score: 2

    Downside is that with no robust public option (a promised lie) the profiteers of healthcare (big insurance, big healthcare, big pharmy) continue to raise costs and premiums. This is what is happening, insurers will have huge rate hikes for 2016.

  18. Re:Hypocrisy by rubycodez · · Score: 4, Insightful

    Obama has increased the violations of privacy started under Bush; he is worse

  19. Re:Hypocrisy by TWX · · Score: 3, Insightful

    When a plan or process exists it can be revised. No plan, no process, it's tough to even get the ball rolling.

    ACA is a start. It's far from perfect. Its shortcomings hopefully will lead to further revision, now that we have something to actually revise.

    --
    Do not look into laser with remaining eye.
  20. Actions speak louder than words... by Xenographic · · Score: 4, Insightful

    It's funny.

    Reading this just made me realize that Ashcroft took a stronger stand against spying than Obama has, if I judge only actions and not words.

  21. Re:Hypocrisy by AK+Marc · · Score: 2

    Given that you are raging about Obama and not Bush, you've proven your own statement wrong.

    I see that Slashdot is much more anti-Obama than anti-Bush. But then, I was here in the Bush years, and watched the support as he did those things in real time. The same consistent support here has never gone towards Obama.

  22. Re:Hypocrisy by quantaman · · Score: 4, Informative

    When someone we don't like does an evil, it's because they are evil. When someone we do like does an evil, it's okay, because they have goodness in their hearts.

    We tend to overlook the evil things done by people we like.

    It doesn't mean every controversial thing done by someone we like is actually evil.

    To the extent that Obama has "retroactively and unilaterally revising law passed by Congress" with the ACA he's done it to work around things that most here would recognize as bugs, ie words in the law that make the law do things we didn't actually want it to do.

    The issue we're talking about with Bush wasn't a bug fix, he added new features to make the law things it was never intended to do.

    --
    I stole this Sig
  23. Re:Hypocrisy by AK+Marc · · Score: 2

    It's funny because it's true. I get modded down all the time, from both sides. I'm a classic liberal, and that makes me hated by both sides, and the anarcho-capitalists who call themselves "libertarian". Though classic liberal is centrist by US political standards, just not the right kind.

  24. Re:Summary by publiclurker · · Score: 3, Funny

    Cheney, on the other hand...

  25. Re:Hypocrisy by circletimessquare · · Score: 2

    because it doesn't have a fucking thing to do with this topic

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  26. Above the law by dcollins117 · · Score: 5, Interesting

    From TFS:

    'Mr. Bush, for the first time, explicitly said that his authorizations were "displacing" specific federal statutes, including the Foreign Intelligence Surveillance Act and criminal wiretapping laws... the president had "made an interpretation of law concerning his authorities"...

    That's the heart of the issue right there. President Bush wrongly believed the threat of terrorism gave him authority to break constitutional law. It actually doesn't, but no one has thus far found a way to correct this mistake. It's absolutely stunning to me after 14 years. The Orwellian-named Patriot Act was supposed to be a temporary measure and yet it's still in place.

  27. Re:Ashcroft hospitalized over NSA showdown? by circletimessquare · · Score: 5, Informative

    i'm the submitter

    i wrote

    was hospitalized when he forcefully disagreed with the president's authorization

    i meant

    was {in the hospital at the time} he forcefully disagreed with the president's authorization

    i didn't mean

    was hospitalized {as a consequence of the other time} he forcefully disagreed with the president's authorization

    apologies, there was no bad intent, i just wrote the summary without being aware that my wording made it possible of someone finding a novel secondary meaning

    fuck the english language

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  28. Re:Ashcroft hospitalized over NSA showdown? by circletimessquare · · Score: 2

    yup. that was my fault. bad wording, apologies

    http://yro.slashdot.org/commen...

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  29. Re: More Proof by circletimessquare · · Score: 2

    i agree our government is better than somalia or the philippines. but it's not as good as canada or the nordic countries. we can do better. we have a problem with money corrupting our politics, legally

    but you are also correct a lot of americans are whiny and spoiled and can't keep the problems in proportion to the world's other problems. and some are so ignorant and uneducated they actually think no government or weak government, hilariously, is somehow better. when those situations obviously are far far worse than the problems we have now. a lot of americans are very sheltered with very minor, pedestrian problems. everything is a giant temper tantrum and drama, over stupid minor shit compared the kinds of real problems people face elsewhere. spoiled and entitled people

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  30. Re:Hypocrisy by circletimessquare · · Score: 2

    "i knew a guy once who murdered someone and got away with it. therefore we can never criticize any murderer anywhere"

    this is your "morality"

    when your "morality" means "someone did something bad so someone else should be free of criticism for being bad" (aka, two wrongs make a right) you really don't have any morality at all

    it's entirely possible to criticize BOTH bush and obama, for the *separate* things they did wrong. you understand that right? criticizing one does not mean we can't or won't are aren't criticizing the other. what bush did wrong is not linked to what obama did wrong

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  31. Re:Hypocrisy by labnet · · Score: 5, Interesting

    Because behinds the scenes, it's the same people running the show.
    Do you seriously think a Black Lawyer who had a small time civil rights practice can become president without being bought?
    It cost 100's of millions in Americas corrupt political system to become president.

    --
    46137
  32. Re:Hypocrisy by TheReaperD · · Score: 2

    Oh, I do blame him. It's just that, by itself, it was not enough of a reason to vote for the sorry excuse for a candidate that the Republicans ran against him and there wasn't enough other things to justify electing the Romneytron.

    --
    "Be particularly skeptical when presented with evidence confirming what you already believe." -
  33. Re:Ashcroft hospitalized over NSA showdown? by kamapuaa · · Score: 3, Insightful

    It's a great language, you just write it shit.

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  34. Re:Ashcroft hospitalized over NSA showdown? by circletimessquare · · Score: 3, Funny

    It's a great language, you just write it {in a shitty way}.

    when being a grammar nazi asshole, you really have to represent with the good grammar. otherwise it kinda makes you look like a dick AND a hypocrite

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  35. Re:Hypocrisy by ChrisMaple · · Score: 4, Insightful

    The wording in Obamacare was deliberate. Parts were necessary to get it passed; it would not have passed without those "bugs" in place. Other parts were there to punish uncooperative states; that backfired on Obama.

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  36. Re:Hypocrisy by fatwilbur · · Score: 4, Interesting

    One thing that amazes me about American politics is how they get caught up on certain issues forever, while a lot of other countries seem to just move on to newer problems after making a decision. Abortion is a good example - I could barely believe how Planned Parenthood funding was a core debate subject at the Republican leader debate (sad when that was the most entertaining TV on).

    Just in the last year, I've added single payer health care to the list. We had some staff from a subsidiary in the US come up here for a few days (Canada), and how vehemently and confidently they would disparage a health care system clearly so much better than their own.. the cognitive dissonance against their better interest is staggering. Even typical extreme conservatives can't follow the logic of how a single payer can drastically reduce costs, nor understand how they're already funding social health care for the most expensive groups, the poor and elderly. Health care in the US is an ideological issue, and I don't get why.

  37. Re:Hypocrisy by Lumpy · · Score: 2

    Mostly because Obamacare is not what we got. we got Romneycare.

    Obamacare was going to be single payer free healthcare. We instead got a system to make insurance companies even richer that was penned by the republicans.

    --
    Do not look at laser with remaining good eye.
  38. Re:Hypocrisy by quantaman · · Score: 2

    So delaying the corporate mandate was a "bug", in that no on really expected ACA to go into effect for *everyone*, even up until this very day?
    You're a useful idiot.

    It was written for a specific set of conditions, those assumptions were slightly off meaning the original timeline wasn't possible, that's exactly what I'd call a bug since the intended end state is the same. Running the program intelligently (and fixing bugs on the fly) is precisely the role I think the US President is supposed to fulfil on domestic matters.

    The alternative is any significant legislation requiring modification by several successive congresses to work properly. Forcing a President to execute a broken law to the letter strikes me as a very dumb way to run a country.

    --
    I stole this Sig
  39. Re:And that means... by __aaclcg7560 · · Score: 2

    If President Obama implemented a Progressive agenda, we would be out of the Middle East and the Guantanamo Bay prison closed, the Bush tax cuts would be repealed and the Clinton budget surpluses restored, and single-payer healthcare would be the law of the land. Bernie Sanders, if elected, will make that happen anyway.

  40. Re:Hypocrisy by ultranova · · Score: 4, Interesting

    Stealing from me to keep you alive incites my fury.

    Which, in turn, makes you a villain in world's story... so why should anyone care?

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  41. Re:Hypocrisy by AaronW · · Score: 2

    You do realize that the fact that they can't negotiate the prices of pharmaceuticals is due to the republicans and the Bush administration. That occurred before Obama took office with the Medicare part D aspect and now they're cashing in. I just read an article today about how the drug for treating toxoplasmosis went from $13.50/tablet to $750 overnight despite being a 62 year old drug. The drug companies are basically price gouging the US public. In another case they raised the price of Doxycycline, an antibiotic from $20/bottle to $1849/bottle.

    --
    This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
  42. Re:And that means... by shutdown+-p+now · · Score: 2

    RINO = moderate Republican.

    Heck, Reagan was a RINO by modern metrics.

  43. Re:Hypocrisy by Hognoxious · · Score: 2

    That's pretty much it. He had to water it down so congress would pass it, and in the spirit of bipartisanship he went along with it.

    He should have insisted it was done properly, or not at all.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  44. Re:Hypocrisy by Kiuas · · Score: 2

    2.18 billion is 10 decimal digits and you think God is a cat smiling and vanishing or whatever?

    The number of people believing something to be true has no bearing on whether or not it actually is true.

    The biblical claims of godhood/Jesus' supernatural origins and actions are without any historical or scientific evidence, so there's no reason whatsoever for a rational minded individual to take them as anything but fables and allegory, just like any other old myths.

    This is not to say one cannot appreciate the teachings of the supposed character of Jesus, but again, just because you have 2 billion people believing that 2000 years ago the supernatural invisible ruler of the universe fathered himself from a virgin and then schemed to have himself executed as a sacrificial gift to himself to save us from the sin he himself implemented to begin with, does not mean any of this is true, empirical, or logical.

    --
    "It is the business of the future to be dangerous" -Alfred North Whitehead