"The administration has obviously gotten the message that they need to
be more forthcoming," Snowe said."


http://www.washingtonpost.com/wp-dyn/content/article/2006/02/14/AR2006021401812.html

Congressional Probe of NSA Spying Is in Doubt

White House Sways Some GOP Lawmakers

By Charles Babington
Washington Post Staff Writer
Wednesday, February 15, 2006; A03

Congress appeared ready to launch an investigation into the Bush
administration's warrantless domestic surveillance program last week,
but an all-out White House lobbying campaign has dramatically slowed
the effort and may kill it, key Republican and Democratic sources said
yesterday.

The Senate intelligence committee is scheduled to vote tomorrow on a
Democratic-sponsored motion to start an inquiry into the recently
revealed program in which the National Security Agency eavesdrops on
an undisclosed number of phone calls and e-mails involving U.S.
residents without obtaining warrants from a secret court. Two
committee Democrats said the panel -- made up of eight Republicans and
seven Democrats -- was clearly leaning in favor of the motion last
week but now is closely divided and possibly inclined against it.

They attributed the shift to last week's closed briefings given by top
administration officials to the full House and Senate intelligence
committees, and to private appeals to wavering GOP senators by
officials, including Vice President Cheney. "It's been a full-court
press," said a top Senate Republican aide who asked to speak only on
background -- as did several others for this story -- because of the
classified nature of the intelligence committees' work.

Lawmakers cite senators such as Olympia J. Snowe (R-Maine) to
illustrate the administration's success in cooling congressional zeal
for an investigation. On Dec. 20, she was among two Republicans and
two Democrats who signed a letter expressing "our profound concern
about recent revelations that the United States Government may have
engaged in domestic electronic surveillance without appropriate legal
authority." The letter urged the Senate's intelligence and judiciary
committees to "jointly undertake an inquiry into the facts and law
surrounding these allegations."

In an interview yesterday, Snowe said, "I'm not sure it's going to be
essential or necessary" to conduct an inquiry "if we can address the
legislative standpoint" that would provide oversight of the
surveillance program. "We're learning a lot and we're going to learn
more," she said.

She cited last week's briefings before the full House and Senate
intelligence committees by Attorney General Alberto R. Gonzales and
former NSA director Michael V. Hayden.

"The administration has obviously gotten the message that they need to
be more forthcoming," Snowe said.

Before the New York Times disclosed the NSA program in mid-December,
administration briefings regarding it were highly secret and limited
to eight lawmakers: the top Republican and Democratic leader of the
House and Senate, respectively, and the top Republican and Democrat on
the House and Senate intelligence committees.

The White House characterized last week's closed-door briefings to the
full committees as a significant concession and a sign of the
administration's respect for Congress and its oversight
responsibilities. Many Democrats dismissed the briefings as virtually
useless, but senators said yesterday they appear to have played a big
role in slowing momentum for an inquiry.

John D. Rockefeller IV (D-W.Va.), the Senate intelligence committee's
vice chairman, has drafted a motion calling for a wide-ranging inquiry
into the surveillance program, according to congressional sources who
have seen it. Rockefeller declined to be interviewed yesterday.

Sources close to Rockefeller say he is frustrated by what he sees as
heavy-handed White House efforts to dissuade Republicans from
supporting his measure. They noted that Cheney conducted a
Republicans-only meeting on intelligence matters in the Capitol yesterday.

Senate intelligence committee member Mike DeWine (R-Ohio) said in an
interview that he supports the NSA program and would oppose a
congressional investigation. He said he is drafting legislation that
would "specifically authorize this program" by excluding it from the
1978 Foreign Intelligence Surveillance Act, which established a secret
court to consider government requests for wiretap warrants in
anti-terrorist investigations.

The administration would be required to brief regularly a small,
bipartisan panel drawn from the House and Senate intelligence
committees, DeWine said, and the surveillance program would require
congressional reauthorization after five years to remain in place.

Snowe said she is inclined to support DeWine's plan. Sen. Chuck Hagel
(R-Neb.), who also signed the Dec. 20 letter seeking an inquiry, said
yesterday that the FISA law should be amended to include the NSA
program and to provide for congressional oversight.

As for Rockefeller's bid, Hagel said: "If some kind of inquiry would
be beneficial to getting a resolution to this issue, then sure, we
should look at it. But if the inquiry is just some kind of a punitive
inquiry that really is not focused on finding a way out of this, then
I'm not so sure that I would support that."





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