A Washington Post article about privacy concerns regarding the federal government's Digital Collection System noted that the number of national security letters "issued by the FBI soared from 8,500 in 2000 to 47,000 in 2005," but it did not mention that the Justice Department's inspector general found many "instances of illegal or improper use of national security letters" by the FBI between 2003 to 2005, according to a 2007 IG report.
Fox News' Alisyn Camerota falsely claimed that House "Democrats are pushing legislation which would strip telecommunications companies of their immunity." In fact, the House Democrats' bill does not "strip" telecommunications companies of immunity; it provides immunity prospectively, leaving intact existing immunity provisions under current law and leaving to the courts the question of whether the telecom companies are immune from suit for their prior alleged cooperation with the government in its warrantless domestic wiretapping program.
On CNN's This Week in Politics, Cliff May falsely asserted, unchallenged, that Nancy Pelosi "is not letting a vote come on" a "bipartisan bill passed by the Senate that would restore to intelligence agencies the authority they used to have to ... surveil, to bug terrorists and terrorist suspects abroad." May further claimed, falsely, that Sens. Hillary Clinton and Barack Obama "have said they're against this bill that would restore intelligence authority." In fact, the U.S. government currently has the authority to eavesdrop on the communications of suspected terrorists through the Foreign Intelligence Surveillance Act.
Fox News' Bret Baier reported that "in recent days ... Republicans have tried to link surveillance reauthorization to almost every" piece of legislation House Democrats have tried to pass. In fact, the authority to conduct "surveillance" does not need "reauthorization"; the government currently has the authority to eavesdrop on the communications of suspected terrorists primarily through the Foreign Intelligence Surveillance Act.
On Fox News' America's Pulse, E.D. Hill falsely asserted, "[T]he law that lets them [U.S. intelligence agencies] listen in to phone calls from overseas by known terrorists expired two weeks ago." In fact, the Foreign Intelligence Surveillance Act (FISA) did not expire; what expired were revisions to FISA under the Protect America Act, which, among other things, expanded the government's authority to eavesdrop on Americans' domestic-to-foreign communications without a warrant.
Like his Fox News colleague Steve Centanni, Mike Emanuel conflated the Foreign Intelligence Surveillance Act with the Protect America Act, asking President Bush at a recent news conference, "[D]o you worry that perhaps some House Democratic leaders are playing a high-stakes game of 'wait and see' in terms of if we get attacked, we all lose, if we don't get attacked, then maybe that makes the case that you don't need all the powers in FISA?"
On America's Newsroom, Fox News' Steve Centanni conflated the Foreign Intelligence Surveillance Act with the Protect America Act, asserting that President Bush is "urging Congress, pushing Congress, to pass the extension of FISA, or what he calls the Protect America Act." In fact, the 1978 FISA law established the federal government's underlying statutory authority to eavesdrop on the communications of suspected terrorists, while the PAA, among other things, expanded the government's authority to eavesdrop on Americans' domestic-to-foreign communications without a warrant.
An AP article falsely suggested that the U.S. government does not currently have the authority to "eavesdrop on phone calls and e-mails of suspected terrorists." The article also claimed, "The Senate has already passed its version of the measure to renew the law, which expired Feb. 16." In fact, what expired on February 16 was the Protect America Act's revisions to the Foreign Intelligence Surveillance Act; the federal government still has the authority under FISA to listen in on the communications of suspected terrorists. The AP made similar false suggestions in a January report.
The subhead of a Washington Post article asserted that according to the U.S. government, some telecommunications firms are "not cooperating" with the Bush administration's surveillance efforts "for fear of liability" following the expiration of the Protect America Act. In fact, the article itself stated: "[A]dministration officials told lawmakers that the final holdout among the companies had relented and agreed to fully participate in the surveillance program, according to an official familiar with the issue."
Bill O'Reilly falsely asserted that the ACLU's lawsuit over the Bush administration's warrantless domestic wiretapping program "was basically an attempt ... to try to overcome a law which was passed by Congress, through the courts." In fact, the ACLU's lawsuit claimed, in part, that the program was in violation of several, as O'Reilly put it, "law[s] ... passed by Congress," including the Foreign Intelligence Surveillance Act of 1978, and asked that the courts enforce those laws by ordering the program shut down.
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Robert Novak asserted that "[a] closed-door caucus of House Democrats" had "instructed Speaker Nancy Pelosi to call President Bush's bluff on extending the Foreign Intelligence Surveillance Act (FISA) to continue eavesdropping on suspected foreign terrorists" and that "Majority Leader Steny Hoyer said there was no danger in letting the FISA legislation lapse temporarily." In fact, FISA did not lapse or expire; what expired was the Protect America Act (PAA), which amended FISA. Additionally, Novak falsely stated that "the Democratic leadership Wednesday brought up another bill simply extending FISA authority, this time for 21 days" and that most of the Democrats who voted against the bill "intuitively oppose any anti-terrorist proposal." In fact, the House voted on an extension to the PAA, not FISA, and most of the Democrats who voted against the extension have supported other bills to allow surveillance of suspected terrorists.
Introducing an interview with Director of National Intelligence Michael McConnell, Chris Wallace asserted: "A law which gives President Bush powers to monitor communications among terrorism suspects expired at midnight." In fact, the expired PAA revisions to the Foreign Intelligence Surveillance Act, did not simply give Bush "powers to monitor communications among terrorism suspects," but rather, among other things, the revisions expanded the government's authority to eavesdrop on Americans' domestic-to-foreign communications without a warrant. Further, Wallace never mentioned that the government had the authority to listen in on the communications of suspected terrorists before Congress passed the PAA in August 2007 or that this authority continues despite the PAA's expiration.
NPR Weekend Edition Saturday host Scott Simon and NPR newscaster Korva Coleman both falsely claimed that the Foreign Intelligence Surveillance Act "expires tonight." In fact, what is set to expire are the Protect America Act's revisions to FISA; the government would retain all surveillance powers under FISA if the PAA expired.
Referring to the expiring revisions to the Foreign Intelligence Surveillance Act, Fox host Chris Wallace asserted that when Sen. John McCain "gets on the campaign trail and says, 'Look, here is a law that was going to provide the tools for the United States to be able to intercept communications of people who want to kill us and Congress went home, the Democratic Congress went home on a break' -- that's going to be a pretty effective weapon to use against the Democrats in the fall." In fact, contrary to Wallace's suggestion, the government has "the tools" to "intercept communications" of suspected terrorists.