James Joyner at OTB notes the following from the AP: Security issue kills domestic spying inquiry:

The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.

Excuse me? The agency under investigation gets to say whether the investigators from DoJ can invest them?

I’m sorry, but that’s absurd.

James also linked to a NYT piece that states:

Brian Roehrkasse, a Justice Department spokesman, said that the N.S.A. program was “highly classified and exceptionally sensitive” and that “only those involved in national security with a specific need to know are provided details about this classified program.” He said the legality of the eavesdropping program had been reviewed by other Justice Department offices and by the N.S.A. inspector general.

Because if they toldja, they’d have to kill ya.

Egads.

It may well be that there are attorneys at DoJ who can’t get clearance, but surely there are plenty who can.

6 Responses to “More NSA Nonsense”

1. James Joyner Says:
   May 11th, 2024 at 3:27 pm

   I honestly think they’re hinging it on “Need to know.” But that would mean nobody who isn’t actively involved in the op could investigate it, which would be a hell of a Catch-22.

2. Dr. Steven Taylor Says:
   May 11th, 2024 at 3:31 pm

   I suspect you are correct–however, I am increasingly dubious of claims that allowing legitimate oversight over these program will compromise our ability to fight the war on terror.

   I’m simply unconvinced.

3. Baol Says:
   May 11th, 2024 at 4:49 pm

   We must remember, Steven, that we are at war. After 9/11, such luxuries as the rule of law need to be discarded. We just need to trust Bush–he seems pretty trustworthy, so lets let this one slide.

4. cagey1 Says:
   May 11th, 2024 at 6:20 pm

   Increasingly, we are living in a country wherein we must trust one specific President to do the right thing. I trust Bush; I did not trust Clinton. If Rodham becomes President, I will not trust her. By then it will be too late to stop all of this slippery sloping into tyranny. Surely there is a way to “above board” now all the folks for whom we vote who actually need to be “above boarded” and send the rest of the folks who are not “need to know” to the kiddie tables. If not, this whole thing has been a great Grand Experiment, but let’s admit it failed, divide up the cash, & hand the baton to China. Maybe China has grown up enough not to make our same mistakes.

5. El Hijo Says:
   May 11th, 2024 at 6:29 pm

   The Dali Llama v. Congress. Who wins?

6. Arguing with signposts… Says:
   May 12th, 2024 at 6:54 am

   [...] I’m suspicious of the ability of Congress to ask questions as well. James Joyner and Steven Taylor are – quite naturally – all over this topic. [...]