White House Opposes Surveillance... Of Its Own Surveillance Policy
from the nobody's-watching dept
The board's second annual report (pdf), released late last month, does not exactly inspire confidence in its assiduousness as a privacy watchdog -- even when staffed. After touting its excellent working relationship with the White House, it moves to a "nothing to see here" review of the post-9/11 use of the material witness statute (MWS) as a detention tool. Aside from one "terrible mistake," the report asserts the board "was not made aware of specific problems with the use of the MWS in the anti-terrorism context" and cites a claim by the Justice Department that "on only nine occasions since the attacks of September 11, 2001 has the MWS been used in terrorist-related investigations." That is hard to square with the findings of a joint report by Human Rights Watch and the American Civil Liberties Union, which found some 70 instances of 9/11-related detention, though the discrepancy may be explained by the frequent use of immigration violations as a pretext for detentions that were actually related to terror investigations. The board's analysis of the Protect America Act, passed last August, similarly reads like a compilation of White House talking points.
This should not be all that surprising given the composition of the old board, which consisted of such Republican stalwarts as President Bush's former solicitor general, Ted Olson. With debate over reforms to the Foreign Intelligence Surveillance Act raging in the Senate, the White House appears less than eager to have a less-friendly set of eyes reviewing its surveillance policies.