Limbaugh repeated Moussaoui myth to wrongly criticize FISA judges
SUMMARY: Rush Limbaugh falsely claimed that the Foreign Intelligence Surveillance Court prevented the FBI from accessing the laptop computer of Zacarias Moussaoui -- the alleged "20th hijacker" in the September 11, 2001, terrorist plot -- immediately prior to the attacks. In fact, the Moussaoui case never reached the FISA court.
Nationally syndicated radio host Rush Limbaugh falsely claimed that the Foreign Intelligence Surveillance Court (established by the 1978 Foreign Intelligence Surveillance Act, or FISA) denied the FBI a warrant to access the laptop computer of Zacarias Moussaoui -- the alleged "20th hijacker" in the September 11, 2001, terrorist plot -- immediately prior to the attacks. Limbaugh asked: "[W]hy aren't some of these judges investigated and held to account for their secret decisions?" In fact, the Moussaoui case never reached the FISA court: The FBI determined at the time that there was insufficient evidence to petition FISA for a warrant. A bipartisan Senate Judiciary Committee later concluded the FBI did have sufficient evidence, but had set too high a standard for establishing probable cause.
On the January 4 broadcast of The Rush Limbaugh Show, Limbaugh joined a caller in denouncing the "federal judge" who allegedly barred the FBI from accessing Moussaoui's computer:
CALLER: Good afternoon, Rush. One of the things that I think stands out most and it's -- it's not being talked about: We cannot go back to the courts and -- and (inaudible) to get their approval. That would lead us to the 21st [sic] hijacker and we couldn't get into his laptop 'cause we were forbidden by a judge to get in that and, "Allah, welcome, here comes 9-11."
LIMBAUGH: Haha! That's a --
CALLER: 'Cause they could not get in there.
LIMBAUGH: -- you're talking about Zacarias Moussaoui.
CALLER: That is correct, and we were on -- we were barred by a federal judge from getting into his computer. So, that's the type of protection these Democrats, these demagogues in, --
LIMBAUGH: That's exactly right. That's the right to privacy that they're talking about.
CALLER: Yeah. And then the other thing --
LIMBAUGH: He was and that -- that is an excellent point because it was all -- that was raised by the Minneapolis FBI office, I think, after 9-11; [former FBI agent] Coleen Rowley was her name. But they had the guy's laptop and they wanted to get into it, wanted to connect the dots. Judge wouldn't let them do it. You know, that -- that actually -- it -- it -- great point. Why aren't -- why aren't some of these judges investigated and held to account for their secret decisions? Everybody else is out there getting mad at the president for what he's doing in secret, the NSA for doing what it's doing in secret, but how about these judges?
CALLER: That judge had no right --
LIMBAUGH: As -- as you said, that may very well have prevented us from thwarting the 9-11 hijackers if we could have gotten into Moussaoui's computer. All this talk about the great FISA court and how judges can do no wrong and need to be involved in the process; what's their record been when their inputs been used to influence our national security? That -- that is an excellent point.
But, as Media Matters for America noted, it was the FBI -- not the FISA court -- that determined the evidence against Moussaoui was insufficient to obtain a warrant. A February 2003 Senate Judiciary Committee report, compiled by Sens. Patrick Leahy (D-VT), Charles Grassley (R-IA), and Arlen Specter (R-PA), found that the FBI's evidence against Moussaoui was, in fact, sufficient, but that the FBI attorneys handling the case employed an "unnecessarily high standard" for probable cause that exceeded FISA's own standard. Rowley, to whom Limbaugh referred, made a similar point in the full version of a December 24 letter published in The Washington Post:
The bottom line is that THE FISA LAW ITSELF WAS NOT THE REASON THE FBI FAILED TO INSPECT MOUSSAOUI'S PERSONAL EFFECTS AND COMPUTER FILES. Rather, the faulty interpretations and failure to share and analyze intelligence sufficiently is what enabled Moussaoui to escape further investigation. [emphasis Rowley's]
Ever wonder if some if Limbaugh's callers are plants? It is amazing that the new talking point is provided by a caller, so Rush can jump on it. What a shock that Rush knew exactly what case this caller was bringing up. And all the other listeners can say "It wasn't Rush, a caller brought it up."
...this isn't a new talking point. it's been brought up before, I believe by limbaugh himself or hannity. Interesting though, how he acts like it's the first time he's heard it.
Face it, these folks will do anything to defend their party. That said, doesn't it seem like they've been in "defense" mode for quite a while, now? The majority of their misinformation has been focused on defending republicans (well, all reps except for McCain)
I don't think they're necessarily plants, but they're definitely filtered and selected based on who will provide Rush the most runway for his inane drivel.
As I was reading the story, I also thought that the caller could have been a plant. Limbaugh doesn't need the plant to bring the subject up but it adds variety to the show and add a little legitimacy to the falsehood by having two persons talking about it. Limbaugh was just too agreeable with the caller on the falsehood - "that's exactly right", Limbaugh says. We now have so much propaganda, paid stories.. going on, why be surprised with planted callers also?
This guy is quite a piece of work - he blames the FISA judges for making secret decisions like it was their idea in the first place to do all this in secret.
Huh?
I think that Rowley's comments really get the the heart of the matter (misinterpretation of the law). When a law is written so vaguely that it can be easily misinterpreted, there is little wonder on my part as to why it would have been so hard to track down the terrorists prior to 9/11. Add to that other roadblocks (primarily the size of the bureaucracy) and you can see why we are still second guessing 4+ years later.
Limballs won Keith Olbermann's award tonight for that FISA distortion.
Who needs a secret panel of judges to keep a handle on unlimited executive power anyway? Pesky FISA!
I wonder if Rush will change his show bumpers to include the phrase "convicted felon" after his trial or plea deal? I never fail to get a chuckle asking Rush fans if they routinely take advice from junkies.
Nice to know someone on TV is busting these idiots on their blatant lies.
First 9-11 was Bill Clinton fault then liberals in the intelligence community now it's the FISA judges. There are no lines of causality to his arguments. He simply grabs whatever is floating in the headlines and spins it in favor of the GOP. Stop listening to this drug-addled boob. If you must partake of drug humor, dust off an old Cheech & Chong tape/CD/record, fire up whatever fries your brain and enjoy (not recommended for straight audiences, like Limbaugh).
Bill O'Pervert and Ann Coultart met in New York. Bill was stricked by the sight of Coultart. "Fallafel" said Bill. "Huh? said Tart. I will make love to you like Bush,baby. But you are married said she. Amourrrrre, with my gods approval you have no choice but to be blind to neocon. Alas said the tart, I am all yours! Applaud: Rush,Mathew,Sean,Rupert,FOX NEWS.
This is getting old. I mean really old. 911 is over, and we are in the "law of average" zone, so when something happens, there will be no claim to the "I told you so" rhetoric. I have never seen the "Fear" tactic used as much as this administration and the Republican Party has used it. In comparison, it is like trying to squeeze juice from a already juiced fruit; you might get a few drops, but the fruit will not produce like it did when you first used it.
This whole thing is starting to feel like the Bush administration and the Republicans view the American people as suckers in a scam to keep a war going long enough, so the foundations of an oil empire can be build. I would not be surprised if this very claim of building an empire is rooted in our President's and Vice President's oil businesses. Time will bare all.
If I understand correctly, it was the Bush administration appointee who replaced John O'Neill as head of the Counter Terrorism Unit at the FBI who bungled the FISA request. The person Rowley is referring to as not understanding the requirements was the Bush appointee. I wish I could remember his name. I may be mistaken here, but it would be consistent with Bush putting incompetent cronies in posititions of importance.