If nothing else, Republican Senator John Cornyn is an irony producing machine. During the Terri Schiavo affair, the former Texas Supreme Court Justice was at the forefront of the GOP campaign to intimidate and threaten judges. Now after his fierce defense of President Bush's regime of illegal NSA domestic surveillance, Cornyn is comically warning that the Obama administration has launched a sinister "data collection program" to promote health care reform.

Back in December 2005, Cornyn dismissed the New York Times' revelations of the Bush administration's warrantless eavesdropping program. Regurgitating the same "Give Me Death" defense offered by colleagues Pat Roberts (R-KS) and Jeff Session (R-AL), Cornyn sneered:

"None of your civil liberties matter much after you're dead."

Alas, that was then and this is now. Now, there's a Democrat in the White House, one who's trying to overcome Republican obstructionism on health care reform.

When the Obama White House on Tuesday asked Americans to help fight the disinformation campaign ("If you get an email or see something on the web about health insurance reform that seems fishy, send it to flag@whitehouse.gov"), Cornyn was quick to suggest a dark plot was afoot. As The Hill reported:

"By requesting citizens send 'fishy' emails to the White House, it is inevitable that the names, email, addresses, IP addresses and private speech of U.S. citizens will be reported to the White House," Cornyn wrote in a letter to Obama. "You should not be surprised that these actions taken by your White House staff raise the specter of a data collection program."

Cornyn asked Obama to cease the program immediately, or at the very least explain what the White House would do with the information it collects.

"I am not aware of any precedent for a President asking American citizens to report their fellow citizens to the White House for pure speech that is deemed 'fishy' or otherwise inimical to the White House's political interests," Cornyn said.

Of course, this is just the latest data collection myth spawned by the right-wing noise machine this week.

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CSPANjunkie's video highlights the outrage members of Congress felt after learning what Dick Cheney was up to with the CIA.

And there's a lot of speculation going on about what possible CIA program Dick Cheney was trying to hide from Congress. Trusting the WSJ when it comes to the Bush administration is like trusting the Yanks to win against the Angels in Anaheim. (I was due for a bad baseball analogy.)

TIME magazine has a few sources that make a case that's a bit more believable.

It is the biggest mystery in Washington at the moment. Here's what our colleague Bobby Ghosh says his sources are telling him:

Speculation abounds about the nature of the secret program Dick Cheney asked the CIA to keep from the Congressional oversight committees. The most sensational reports suggest it was plan to find and kill top Al Qaeda leaders – like the covert Israeli campaign to take out the perpetrators of the Munich killings.

But two former ranking CIA officials have told TIME that there's another equally plausible possibility: The program could have required the Agency to spy on Americans. Domestic surveillance is outside the CIA's purview -– it's usually the FBI's job – and it's easy to see why Cheney would have wanted to keep it from Congress.

Both officials say they were never told what was in the program, and that they're only making calculated guesses. But their theory gibes with other reports, quoting ex-CIA officials, that say the program had to do with intelligence collection, not assassinations.

“People may want this to be about hit squads bumping off shady Saudis in Geneva, but that's very unlikely,” says one official. “More likely, it was a plan to spy on some suspicious American citizens or organizations, without telling the FBI.”

A third CIA official who is familiar with details of the program says it was deemed unworkable and cancelled in 2004.

With Cheney's love of spying, this makes perfect sense since catching and killing terrorists just like Jack Bauer is something that any member of Congress would have signed off on in a heart beat. Spying and keeping secrets is Darth Cheney's MO and when he sends his daughter out to defend him only sends up more red flags.

Digby writes:

This is something so far off the charts that even the wingnuttiest wingnuts distanced themselves from it:

Representative Peter Hoekstra of Michigan, the top Republican on the House intelligence committee, said last week that he believed Congress would have approved of the program only in the angry and panicky days after 9/11, on 9/12, he said, but not later, after fears and tempers had begun to cool.

Does that sound like something about killing Al Qaeda or spying on Muslims in America? They did that anyway. This is something else.

In other words, the only way possible a program like this might have been contemplated was when Americans were utterly terrified. You can count on Cheney to be consistent when it comes to playing the fear card.

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From Countdown:

A new internal government report reveals that President George W. Bush played a direct role in instructing Alberto Gonzales and Andrew Card to go to former Attorney General John Ashcroft's hospital bed and urge him to personally approve warrantless wiretapping on Americans.

From James Risen and Eric Lichblau's article at the New York Times:

While the Bush administration had defended its program of wiretapping without warrants as a vital tool that saved lives, a new government review released Friday said the program’s effectiveness in fighting terrorism was unclear.

The report, mandated by Congress last year and produced by the inspectors general of five federal agencies, found that other intelligence tools used in assessing security threats posed by terrorists provided more timely and detailed information.

Most intelligence officials interviewed “had difficulty citing specific instances” when the National Security Agency’s wiretapping program contributed to successes against terrorists, the report said.

While the program obtained information that “had value in some counterterrorism investigations, it generally played a limited role in the F.B.I.’s overall counterterrorism efforts,” the report concluded. The Central Intelligence Agency and other intelligence branches also viewed the program, which allowed eavesdropping without warrants on the international communications of Americans, as a useful tool but could not link it directly to counterterrorism successes, presumably arrests or thwarted plots.

So much for that talking point that all that spying kept us safe from another terrorist attack.

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From Countdown:

Professor Jonathan Turley discusses the legal implications for former President George Bush if he tried to force his attorney general, John Ashcroft to authorize domestic spying.

Jonathan has more at his blog. Reports Shows Additional Undisclosed Surveillance Programs — And Likely Unlawful Conduct by Bush Administration:

A new government report has disclosed that President Bush authorized secret surveillance activities that went beyond the previously disclosed NSA program – raising the prospect of additional unlawful conduct by the Bush Administration. At the same time, a House member has revealed that CIA Director Leon Panetta has shutdown a program that was never revealed to Congress in direct violation of federal law. I will be discussing these stories tonight on MSNBC Countdown.

In a notable change, the report now describes the entire program as the “President’s Surveillance Program,” going beyond the domestic surveillance program. It also highlights the individual who is most accountable for criminal violations as well as the failure of the Obama Administration to allow investigations into unlawful surveillance or torture. As the evidence of such unlawful conduct mounts, the blocking of a criminal investigation by Attorney General Holder grows more serious as an abdication of his oath to uphold our laws.

Notably, the “usual suspects” refused to be interviewed: former CIA Director George Tenet, former Attorney General John Ashcroft, former White House Chief of Staff Andrew Card; former top Cheney aide David Addington; and John Yoo, who served as a deputy assistant attorney general. Given the potential incrimination prospects, they have at least acted in deference to the criminal code even as Holder appears to ignore it.

Marcy Wheeler's been all over this story as well and has more on the latest revelations to come out of the IG's report. George Bush PERSONALLY Sent Card and Gonzales to Thug Up Ashcroft:

Today's IG Report on illegal wiretapping answers another previously unanswered question: who called Mrs. Ashcroft to tell her Andy Card and Alberto Gonzales were coming to the ICU ward to rough of John Ashcroft.

George Bush did so himself.

From the report:

According to notes from Ashcroft's FBI security detail, at 6:20 PM that evening Card called the hospital and spoke with an agent in Ashcroft's security detail, advising him that President Bush would be calling shortly to speak with Ashcroft. Ashcroft's wife told the agent that Ashcroft would not accept the call. Ten minutes later, the agent called Ashcroft's Chief of Staff David Ayres at DOJ to request that Ayres speak with Card about the President's intention to call Ashcroft. The agent conveyed to Ayres Mrs. Ashcroft's desire that no calls be made to Ashcroft for another day or two. However, at 6:5 PM, Card and the President called the hospital and, according to the agent's notes, "insisted on speaking [with Attorney General Ashcroft]." According to the agent's notes, Mrs. Ashcroft took the call from Card and the President and was informed that Gonzales and Card were coming to the hospital to see Ashcroft regarding a matter involving national security. (24) [my emphasis]

As Jonathan noted the only thing standing in the way of anything being done to bring the Bush administration to justice over these matters is the Obama administration's unwillingness to go after them. I would imagine that unwillingness is a result of being too worried about how Republicans will react with trying to get any legislation passed if they do it. That and the right wing screechers on talk radio and the rest of our "main stream media" saying they are criminalizing policy, rather than taking an honest look at the illegalities that have been done in the name of keeping us safe from terrorism.

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From Countdown, James Risen on the NSA's domestic surveillance program which has been found to have accessed the personal emails of former President Bill Clinton, along with millions of other Americans' mails and phone calls.

Keith asks just what Congressional oversight is in place to prevent this and whether the Obama administration has actually put some oversight in place to end the over-collection of data that occurred under the Bush administration. Risen notes Eric Holder's unwillingness to say the program is illegal during Congressional hearings, which means we aren't going to see anyone prosecuted for spying on every American illegally any time soon. Of course with so much of this being classified we're going to be lucky to ever find out just what the NSA has been doing. I'm inclined to assume the worst since these people have given me no reason not to.

When or how we ever get Big Brother out of our lives is a question yet to be answered. If spying on a former President and a former member of the House Intelligence Committee isn't enough to raise some concerns from our political elite and put a stop to some of this, I'm not sure what is.

For more on this you can read Risen's article at the New York Times: E-Mail Surveillance Renews Concerns in Congress. From the article:

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Who ever could have guessed that an NSA analyst would look at someone's personal emails for their own purposes? (And of course, how certain are we that they weren't working for someone else?) I guess we should assume that there's an audience for anything we say or do!

A secret NSA surveillance database containing millions of intercepted foreign and domestic e-mails includes the personal correspondence of former President Bill Clinton, according to the New York Times.

An NSA intelligence analyst was apparently investigated after accessing Clinton’s personal correspondence in the database, the paper reports, though it didn’t say how many of Clinton’s e-mails were captured or when the interception occurred.

The database, codenamed Pinwale, allows NSA analysts to search through and read large volumes of e-mail messages, including correspondence to and from Americans. Pinwale is likely the end point for data sucked from internet backbones into NSA-run surveillance rooms at AT&T facilities around the country.

Those rooms were set up by the Bush administration following 9/11, and were finally legalized last year when Congress passed the FISA Amendments Act. The law gives the telecoms immunity for cooperating with the administration; it also opens the way for the NSA to lawfully spy on large groups of phone numbers and e-mail addresses in bulk, instead of having to obtain a warrant for each target.

The NSA can collect the correspondence of Americans with a court order, or without one if the interception occurs incidentally while the agency is targeting people “reasonably believed” to be overseas. But in 2005, the agency “routinely examined large volumes of Americans’ e-mail messages without court warrants,” according to the Times, through this loophole. The paper reports today that the NSA is continuing to over-collect e-mail because of difficulties in filtering and distinguishing between foreign and domestic correspondence.

If an American’s correspondence pops up in search results when analysts sift through the database, the analyst is allowed to read it, provided such messages account for no more than 30 percent of a search result, the paper reported.

The NSA has claimed that the over-collection was inadvertent and corrected it each time the problem was discovered. But Rep. Rush Holt (D-New Jersey), chairman of the House Select Intelligence Oversight Panel, disputed this. “Some actions are so flagrant that they can’t be accidental,” he told the Times.

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Keith talks to Jonathan Turley about the Obama administrations decision to make the claim of state secrets to block a lawsuit brought by the Electronic Frontier Foundation. From Turley's post Obama Administration Invokes State Secrets To Kill Lawsuit Over Unlawful Surveillance Program:

In yet another break with its campaign promise to fight to restore civil liberties and privacy, the Obama Administration has made a breathtaking claim of state secrets to block a public interest organization from suing the government for illegal surveillance. There is not a scintilla of difference in the legal position of President Obama and the position of President Bush in trying to quash any effort to challenge unlawful surveillance by the government. It appears the “yes we can” means “yes we can do most anything that we want” when it comes to unlawful programs. I will be discussing this story (and the new disclosures on torture) tonight on MSNBC Countdown.

The Administration is moving to kill a lawsuit brought by the Electronic Frontier Foundation on behalf of AT&T customers who were unlawfully intercepted by the government. Not only is the Administration making an extreme argument under the military and state secrets doctrine but it is claimed that citizens cannot sue, even if the government engages in unlawful surveillance, under the Patriot Act. Due to changes put through with Democratic support, the statute is being used to block any lawsuit unless the citizens can show that there was “willful disclosure’” of the communications by the government.

As Jonathan noted in his interview with Keith, there are plenty of reasons to be supportive of the Obama administration but this is not one of them. Politics should not come before following the law, whether it is a Democratic or Republican administration in charge.

Three years after the New York Times first revealed the Bush administration's program of illegal domestic surveillance by the NSA, whistleblower Thomas Tamm has acknowledged his role in making public the President's lawbreaking. In its expose Sunday, Newsweek details how the former Justice Department official came to discover the White House's violations of the FISA law and reluctantly decided to turn to the Times. Whether or not Tamm is ultimately arrested for his revelations, the same voices in President Bush's amen corner that rallied to the defense of Scooter Libby will renew their call for the prosecution of both Tamm and the New York Times.

Tamm's public admission comes 18 months after the FBI first raided his home, confiscating personal files and computers. At the very moment the Democratic Congress in August 2007 was voting to codify President Bush's years-long criminal surveillance of American citizens, the net was closing around the man who helped bring it to the nation's attention.

While at the Office of Intelligence Policy and Review (OIPR), Tamm stumbled upon the existence of Bush's program of warrantless eavesdropping on the international phone calls and emails of Americans which began just after the 9/11 attacks. The administration was not merely circumventing the legal requirement for approval by the Foreign Intelligence Surveillance Act (FISA) courts, but subsequently laundering the intelligence gathered to "get legitimate FISA warrants - giving the cases a judicial stamp of approval."

In the spring of 2004, a frustrated Tamm finally took action:

When Tamm started asking questions, his supervisors told him to drop the subject. He says one volunteered that "the program" (as it was commonly called within the office) was "probably illegal."

Tamm agonized over what to do. He tried to raise the issue with a former colleague working for the Senate Judiciary Committee. But the friend, wary of discussing what sounded like government secrets, shut down their conversation. For weeks, Tamm couldn't sleep. The idea of lawlessness at the Justice Department angered him. Finally, one day during his lunch hour, Tamm ducked into a subway station near the U.S. District Courthouse on Pennsylvania Avenue. He headed for a pair of adjoining pay phones partially concealed by large, illuminated Metro maps. Tamm had been eyeing the phone booths on his way to work in the morning. Now, as he slipped through the parade of midday subway riders, his heart was pounding, his body trembling. Tamm felt like a spy. After looking around to make sure nobody was watching, he picked up a phone and called The New York Times.

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