Victoria Toensing: FISA Fears Shielded 9/11 Plotters

NewsMax ^

[Sub-Driver]

Victoria Toensing: FISA Fears Shielded 9/11 Plotters

Contrary to the claims of Bush administration critics, the 1978 Foreign Intelligence Surveillance Act has seriously hampered U.S. counterterrorism efforts - and actually helped to shield at least two key 9/11 plotters from detection by U.S. law enforcement.

The stunning analysis comes from former Reagan-era Justice Department official Victoria Toensing, who explains on OpinionJournal.com: "I have extensive experience with the consequences of government bungling due to overstrict interpretations of FISA."

As deputy assistant attorney general one of Toensing's chief responsibilities was the terrorism portfolio, which included working with FISA.

She recalled having to terminate a FISA wiretap in the midst of the 1985 hijacking of TWA Flight 847, which ended in the murder of passenger-hostage Navy diver Robert Dean Stethem.

"We had a previously placed tap in the U.S. and thought there was a possibility we could learn the hostages' location," Toensing explained. "But Justice Department career lawyers told me that the FISA statute defined its 'primary purpose' as foreign intelligence gathering. Because crimes were taking place, the FBI had to shut down the wire."

Toensing notes that the vaunted FISA law became the basis for former Deputy Attorney General Jamie Gorelick's notorious wall of separation in 1995 - which prohibited intelligence agencies from sharing information on terrorists with U.S. law enforcement.

She recalled that when "the wall" was finally removed in 2001 by the Patriot Act, the FISA appeals court upheld the new law's constitutionality with a ruling that characterized the rigid interpretation of the FISA statute as "puzzling."

"The court cited an FBI agent's testimony that efforts to investigate two of the Sept. 11 hijackers were blocked by senior FBI officials, concerned about the FISA rule requiring separation."

[theDentist]

Thanks again Mizzzz Gorelick.

[dfwgator]

Jimmy Carter, the gift that just keeps on giving. </s>

[r9etb]

Toensing notes that the vaunted FISA law became the basis for former Deputy Attorney General Jamie Gorelick's notorious wall of separation in 1995 - which prohibited intelligence agencies from sharing information on terrorists with U.S. law enforcement

Ahhhh, yes. We can't pretend that this is the reason why the D's are so adamant on the topic -- we all know that they're primarily motivated by hatred of W.

But one cannot ignore the vital interests of Clinton legacy team in ensuring that Gorelick's FISA interpretation is the Authorized Version.

[nopardons]

bttt

[VOA]

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