Warrantless wiretaps of limited value

The Bush administration not only invaded the privacy of telecommunications in apparent violation of the Constitution, but the wiretaps were not even partiularly helpful in combatting terrorism.

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.

It appears this is was more an exercise in establishing unfettered Presidential power that a serious anti-terrorism tool. And the report warns that the program may have tainted criminal terrorism prosecutions.

The Justice Department IG found that the program played only a “limited role in the FBI’s overall counterterrorism efforts,” but warned that the information collected by the program could have tainted criminal prosecutions. It recommended that the Justice Department look hard to see if there was information collected by that program that should have been or should be turned over to defendants in terrorism cases. By law, prosecutors have to give a defendant all relevant information about their case, including any evidence that helps a defendant prove they are innocent.

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