There have been several articles and editorials over the last few days referring to a recent deficit in the administration’s Counter-Terrorism surveillance program, and ongoiing Congressional attempts to remedy the problem.

Wall Street Journal 7/30 editorial

New York Times article 8/1

Yesterday (8/1), Michael Isikoff and Mark Hosenball, in Newsweek, identified the source of the problem, and exposed the behind-the-scenes Congressional bickering going on right now.

A secret ruling by a federal judge has restricted the U.S. intelligence community’s surveillance of suspected terrorists overseas and prompted the Bush administration’s current push for “emergency” legislation to expand its wiretapping powers, according to a leading congressman and a legal source who has been briefed on the matter.

The order by a judge on the top-secret Foreign Intelligence Surveillance Act court has never been publicly acknowledged by administration officials—and the details of it (including the identity of the judge who wrote it) remain highly classified. But the judge, in an order several months ago, apparently concluded that the administration had overstepped its legal authorities in conducting warrantless eavesdropping even under the scaled-back surveillance program that the White House first agreed to permit the FISA court to review earlier this year, said one lawyer who has been briefed on the order but who asked not to be publicly identified because of its sensitivity.

The first public reference to the order came obliquely this week from House Minority Leader John Boehner—one of a number of senior Republicans who have been leading the White House-backed campaign to persuade Congress to rush through an expanded eavesdropping measure before it leaves for August recess at the end of this week.

He and other GOP leaders have said that the country will be at a greater risk of a terrorist attack if Congress doesn’t act immediately—and they have accused Democrats of “playing politics” by balking at some of the provisions the administration is seeking.

“There’s been a ruling, over the last four or five months, that prohibits the ability of our intelligence services and our counterintelligence people from listening in to two terrorists in other parts of the world where the communication could come through the United States,” Boehner said on an interview with Fox News anchor Neal Cavuto.

“This means that our intelligence agencies are missing a wide swath of potential information that could help protect the American people,” Boehner added. “The Democrats have known about this for months.”

Boehner’s description of the scope of the ruling appears to focus on one key feature of the surveillance program—the large-scale tapping without warrants of telecommunications “switches” located in the United States; they are used to rout international calls even when both parties are overseas. But there are indications the ruling has in some instances interfered with the National Security Agency’s ability to intercept phone calls where one of the parties is in the United States, as well. …

..last January, partly in a bid to quell criticism from Democrats and civil liberties groups, the administration agreed to submit the entire surveillance program to the FISA court for review. Much about the process has never been explained publicly. But at some point after the new program began, one of the FISA judges—who, by rotation, was assigned to review the program for periodic updates—concluded that some aspects of the warrantless eavesdropping program exceeded the NSA’s authority under the Foreign Intelligence Surveillance Act, the basic 1978 law that governs eavesdropping of espionage and terrorist suspects, said the lawyer who had been briefed on the ruling. The judge refused to reauthorize the complete program in the way it had been previously approved by at least one earlier FISA judge, the lawyer said, adding that the secret decision was a “big deal” for the administration.

It was only after that ruling that Director of National Intelligence Mike McConnell this spring began urging Congress to pass an emergency “fix” that would clarify and specifically grant the NSA authority to tap switches based in the United States without review by the FISA court. The administration effort has accelerated in recent weeks—and won the support of key Democratic leaders—amid warnings from the intelligence community that the country is facing greater risk of a new terrorist attack due in large part to the resurgence of Al Qaeda in Pakistan.

Congressional aides (who asked not to be identified talking about ongoing negotiations) said today that Democratic and Republican leaders of the intelligence committees met until late Tuesday night trying to reach an agreement on a short-term measure that would grant some of the enhanced authority—including the ability to tap telecommunications switches without warrants—that the administration is seeking. One stumbling block that has emerged: the administration’s insistence that Attorney General Alberto Gonzales be given an expanded role to oversee the program—a particularly controversial move at the moment, given new allegations that the embattled attorney general has misled Congress about legal disputes over the surveillance program. Sen. Jay Rockefeller, the Senate Intelligence Committee chairman, said today in a statement that he has “become convinced that we must take some immediate but interim step” to expand surveillance, but that the administration proposal to grant Gonzales greater authority “is simply unacceptable.”

In a conference call with reporters today, Sen. Kit Bond, a Missouri Republican and vice chairman of the Senate Intelligence Committee, lashed out at Democrats because they are resisting language in the administration proposal that would give Gonzales a new oversight role over the program. “The Democrats don’t trust anybody in the administration,” Bond said when asked about the objections to expanding Gonzales’s role. “They didn’t like Scooter Libby, they don’t like Karl Rove and most of all they don’t like President Bush. I don’t care who they like. We need to keep our country safe.”

But Bond declined to respond when asked if it was a federal judge who created the alleged intelligence “gap” in the first place. “I can’t comment on why this has occurred,” Bond said, after checking with an aide about whether he could respond to a question about a ruling by a FISA judge. “But the director of national intelligence [McConnell] has said we are significantly burdened in capturing foreign communications. It is a significant new burden.”

If the “Big Surprise” al Qaeda is promising comes to pass, one really would not want to be in the shoes of the judge responsible for throwing a monkey wrench into the American Intelligence Community’s efforts to capture the enemy’s communications, nor those of one of the Congressional democrats later found to have been playing political games while the threat drew near.

ABC News:

A new al Qaeda propaganda ad, headlined “Wait for the Big Surprise” and featuring a digitally altered photograph of President George Bush and Pakistan’s President Pervez Musharraf standing in front of a burning White House, was posted on the Internet today.

The brief clip from al Qaeda’s “as Sahab” propaganda arm juxtaposes the doctored photo of Bush and Musharraf along with previously seen images of al Qaeda’s top leadership — Osama bin Laden, Ayman al Zawahri and Adam Gadahn — as well as a photo of an SUV in a motorcade.

There is no additional information provided in the ad, and it closes with the words, “Soon — God willing,” written across the screen and repeated several times.

James Risen, one of the two New York Times journalists who published the leaked story on Counter-Terrorism communications datamining in December of 2005, is in the interesting position this morning of reporting on democrats reversing course and hastening not only to authorize but even to expand the program democrats have been using as a political target since the time of Mr. Risen’s original article. A deliciously ironic development.

Under pressure from President Bush, Democratic leaders in Congress are scrambling to pass legislation this week to expand the government’s electronic wiretapping powers.

Democratic leaders have expressed a new willingness to work with the White House to amend the Foreign Intelligence Surveillance Act to make it easier for the National Security Agency to eavesdrop on some purely foreign telephone calls and e-mail. Such a step now requires court approval.

It would be the first change in the law since the Bush administration’s program of wiretapping without warrants became public in December 2005.

In the past few days, Mr. Bush and Mike McConnell, director of national intelligence, have publicly called on Congress to make the change before its August recess, which could begin this weekend. Democrats appear to be worried that if they block such legislation, the White House will depict them as being weak on terrorism.

David B. Rivkin, Jr. and Lee A. Casey argue, in yesterday’s Wall Street Journal, that the real wiretapping scandal ought to be considered the significant degradation of American Counter-Terrorism surveillance capabilities as the result of partisanship and ideological assault.

Last Tuesday’s Senate Judiciary Committee hearing — at which Attorney General Alberto Gonzales was insulted by senators and ridiculed by spectators — was Washington political theater at its lowest. But some significant information did manage to get through the senatorial venom directed at Mr. Gonzales. It now appears certain that the terrorist surveillance program (TSP) authorized by President Bush after 9/11 was even broader than the TSP that the New York Times first revealed in December 2005.

It is also clear that Mr. Gonzales, along with former White House Chief of Staff Andrew Card, tried to preserve that original program with the knowledge and approval of both Republican and Democratic members of key congressional committees. Unfortunately, they failed and the program was narrowed. Today, the continuing viability of even the slimmed-down TSP — an indispensable weapon in the war on terror — remains in serious doubt. …

In December 2005, … a firestorm of controversy erupted when The New York Times published a story describing the TSP. Although it was clear from the beginning that the program targeted al Qaeda — a particular communication was intercepted based on the presence of a suspected al Qaeda operative on at least one end — and not directed at ordinary Americans going about their daily routines, the administration’s critics quickly wove the TSP into their favorite overarching anti-Bush narrative. They cited it as just one more example of a supposedly power-hungry president, the new “king George,” chewing up our civil liberties.

Administration officials, including Attorney General Gonzales, repeatedly explained the TSP to Congress and the public, presumably to an extent consistent with continuing national security imperatives. In particular, they said that only communications where at least one party to the conversation was outside of the U.S. were intercepted; purely domestic calls were not in play. But after months of congressional pressure, and having failed to secure new legislation that would have fundamentally revised FISA, the administration announced in January this year that it had reached an agreement with the special FISA court to bring the TSP under judicial auspices. …

What has gotten lost in all of this increasingly sordid game of political gotcha is the viability of a critical program in the war on terror. The TSP was brought under the FISA court’s jurisdiction this January, allegedly without impairing its effectiveness. But FISA orders are not permanent. They must be periodically reissued, and FISA judges rotate. As an editorial on the facing page of the Journal first reported Friday, well-placed sources say that today’s FISA-compliant TSP is only about “one-third” as effective as the 2005 version — which, in turn, was less comprehensive than the original program. This is shocking during a summer of heightened threat warnings, and should be unacceptable to Congress and the American people.

The problem is particularly acute because FISA’s 1978 framework has been rendered dysfunctional by the evolution of technology. FISA was enacted in a world where intercepts of purely foreign communications were conducted overseas, and were entirely exempt from the statutory strictures. Only true U.S. domestic communications were intercepted on U.S. soil and these intercepts were subjected to FISA’s prescriptive procedures. Yet, with today’s fiber optic networks functioning as the sinews of the global communications system, entirely foreign calls — say between al Qaeda operatives overseas — often flow through U.S. facilities and can be most reliably intercepted on American soil. Subjecting these intercepts to FISA strictures is absurd.

Moreover, the very fact that the intelligence community operates in a state of continued uncertainty about what precise surveillance parameters would be allowed in the future — instead of having the collection efforts driven entirely by the unfolding operational imperatives — is both unprecedented in wartime and highly detrimental. In past wars, as fighting continued, valuable battlefield experience was gathered, causing weapons systems, military organization and combat techniques to improve consistently. In this difficult war with al Qaeda, by contrast, the key battlefield intelligence-gathering program has been repeatedly emasculated.

Congress’ obsession with the TSP’s legal pedigree has become the major threat to its continued viability, rivaling in its deleterious impact the infamous “wall,” much criticized by the 9/11 Commission, which prevented information sharing between the Justice Department’s intelligence and law-enforcement divisions. It is hypocritical for those in Congress who preach fidelity to the 9/11 Commission recommendations to behave so dramatically at odds with their spirit. The question Judiciary Committee members should have been asking Mr. Gonzales was not whether he had misled them — he clearly did not — but whether the TSP is still functioning well. The question the public should be asking those senators — and with not much more civility than the senators showed Mr. Gonzales — is what are they going to do about it if the answer is no.

While Congressional democrats are playing “He said; she said” games on the subject of Counter-Terrorism data-mining in order to bring down Alberto Gonzalez, Newsweek is reporting that US Intelligence Agencies are having difficult keeping up with changes in technology and that all the political games the left and the MSM have played with the Echelon program have also had a real impact, significantly diminishing the program’s effectiveness.

Six years after 9/11 , U.S. intel officials are complaining about the emergence of a major “gap” in their ability to secretly eavesdrop on suspected terrorist plotters. In a series of increasingly anxious pleas to Congress, intel “czar” Mike McConnell has argued that the nation’s spook community is “missing a significant portion of what we should be getting” from electronic eavesdropping on possible terror plots. Rep. Heather Wilson, a GOP member of the House intelligence community, told Newsweek she has learned of “specific cases where U.S. lives have been put at risk” as a result. Intel agency spokespeople declined to elaborate.

The intel gap results partly from rapid changes in the technology carrying much of the world’s message traffic (principally telephone calls and e-mails). The National Security Agency is falling so far behind in upgrading its infrastructure to cope with the digital age that the agency has had problems with its electricity supply, forcing some offices to temporarily shut down. The gap is also partly a result of administration fumbling over legal authorization for eavesdropping by U.S. agencies. …

According to both administration and congressional officials (anonymous when discussing such issues), the White House and intelligence czar’s office are now urgently trying to negotiate a legal fix with Congress that would make it easier for NSA to eavesdrop on e-mails and phone calls where all parties are located outside the U.S., even if at some point the message signal crosses into U.S. territory.

The Transportation Security Administration (7/20) warned:

A surge in recent suspicious incidents at U.S. airports may indicate terrorists are conducting pre-attack security probes and “dry runs” similar to dress rehearsals. Past terrorist attacks and plots show that such testing generally indicates attacks will soon follow, according to a joint FBI and Homeland Security assessment. …

5 July 2007, San Diego, CA – A U.S. Person’s (USPER) checked baggage contained two icepacks covered in duct tape. The icepacks had clay inside them rather than the normal blue gel.

4 June 2007, Milwaukee, WI – The carry-on baggage of a USPER contained several items resembling IED components, such as a wire coil wrapped around a possible initiator, an electrical switch, batteries, three tubes, and two blocks of cheese.

8 November 2006, Houston, TX – A USPER’s checked baggage contained a plastic bag with a 9-volt battery, wires, a block of brown clay-like minerals, and pipes.

16 September 2006, Baltimore, MD–The checked baggage of a couple contained a plastic bag with a block of processed cheese taped to another plastic bag holding a cellular phone charger.

WorldNetDaily reports:

Medical clinics across the country have been flooded with requests from foreign nationals from Pakistan and other Muslim countries to help them gain visa entry into the U.S. as patients.

The post-9/11 trend concerns authorities who fear al-Qaida could be using the medical industry to infiltrate terrorist cells into the country.

Some clinics have sponsored foreign patients only to have them fail to show up at their facilities.

The Caster Eye Center in Beverly Hills, Calif., for example, stopped granting such foreign requests after a couple of no-shows.

London Times Sunday edition:

Speaking from the Clairvaux prison in northeast France last week (Carlos the Jackal) berated terrorist cells said to have targeted Britain, criticising them for plotting to kill ordinary people.

In his first telephone interview with a newspaper, the Venezuelan-born Vladimir Ilich Ramirez Sanchez, 57, said he was saddened by any loss of life in London, where he lived as a young man. He also attacked what he called a lack of professionalism in some cells linked to Al-Qaeda.

Sanchez is serving a life sentence for three murders in Paris in 1975. He will go on trial again in January over four bomb attacks in France in 1982 and 1983 that killed 12 people and wounded more than 100.

Sanchez, who is now overweight and diabetic, showed no remorse, laughing when asked about the number of his victims. …

“Kensington and Chelsea were places where I spent my youth, so I’m not happy about people getting killed in the streets of London,” he said.

He condemned Al-Qaeda followers (for attacks) without specific targets, saying: “They are not professionals. They’re not organised. They don’t even know how to make proper explosives or proper detonators.”

ABC NEWS reports:

As senior intelligence and law enforcement officials met again today in the White House Situation Room to deal with the “summer terror threat,” a top terror commander said an attack was coming that would dwarf the failed bombings in London and Glasgow.

Taliban military commander Mansour Dadullah, in an interview broadcast on ABC News’ “World News With Charles Gibson,” said the London attacks were “not enough” and that bigger attacks were coming.

“You will, God willing, be witness to more attacks,” he told a Pakistani journalist in an interview conducted just four days ago.

The same news agency also is reporting on the possibility of Zawahiri’s latest tape containing the signal for an attack.

Fearing a possible coded signal to attack, U.S. intelligence and law enforcement officials are studying an unusual pattern of words in the latest audiotape from al Qaeda’s No. 2 man, Ayman al Zawahri.

On the tape, posted on the Internet Wednesday, Zawahri repeats one phrase three times at the end of his message.

Have I not conveyed? Oh God be my witness.

Have I not conveyed? Oh God be my witness.

Have I not conveyed? Oh God be my witness.

A new FBI analysis of al Qaeda messages, obtained by the Blotter on ABCNews.com, warns that “continued messages that convey their strategic intent to strike the U.S. homeland and U.S. interests worldwide should not be discounted as merely deceptive noise.”

Intelligence analysts are also investigating technical clues that Zawahri’s most recent audio message was phoned in via computer phone, using voice over Internet Protocol, or VoIP.

U.S. Homeland Security Secretary Michael Chertoff told the Chicago Tribune that he “has a gut feeling” that al Qaeda is planning to attempt a major US attack this summer.

I believe we are entering a period this summer of increased risk,” Chertoff told the Chicago Tribune’s editorial board in an unusually blunt and frank assessment of America’s terror threat level.

“Summertime seems to be appealing to them,” he said of al-Qaeda. “We do worry that they are rebuilding their activities.”

Still, Chertoff said there are not enough indications of an imminent plot to raise the current threat levels nationwide. And he indicated that his remarks were based on “a gut feeling” formed by past seasonal patterns of terrorist attacks, recent al-Qaeda statements, and intelligence he did not disclose.

There is an assessment “not of a specific threat, but of increased vulnerability,” he added.

There have been reports already that suggest intelligence warnings at a similar level to the summer before Sept. 11, 2001 and that al-Qaeda may be mobilizing.

In recent days, ABC news reported that a secret law enforcement report prepared for homeland security warns that al-Qaeda is preparing a “spectacular” summer attack. On Tuesday, ABC News also reported that “new intelligence suggests a small al-Qaeda cell is on its way to the United States, or may already be here.”

Chertoff sternly echoed those sentiments at the Tribune.

“We’ve seen a lot more public statements from Al Qaeda,” he said. “There are a lot of reasons to speculate about that but one reason that occurs to me is that they’re feeling more comfortable and raising expectations.

“We could easily be attacked,” Chertoff added. “The intent to attack us remains as strong as it was on Sept. 10, 2001.”

And similar hints were made by unnamed officials to ABC News:

Senior U.S. intelligence officials tell ABC News new intelligence suggests a small al Qaeda cell is on its way to the United States, or may already be here.

The White House has convened an urgent multi-agency meeting for Thursday afternoon to deal with the new threat.

Top intelligence and law enforcement officials have been told to assemble in the Situation Room to report on:

–what steps can be taken to minimize or counter the threat,

–and what steps are being taken to harden security for government buildings and personnel.

“It suggests they have information that the cell or cells coming this direction want to attack a government facility,” Brad Garrett, a former FBI agent and ABC News consultant, said.

But John Amato, blogging on the left, knows better, and is demanding that Chertoff be fired for issuing warnings inconvenient to the left’s political agenda.

What gives Chertoff the right to tell the country that he has a “gut” feeling that we’re going to be hit with a terrorist attack this summer? …

This is a calculated move to ratchet up the terror in this country to help Republican candidates—PERIOD. They are far behind in raising money and in all the polls. He should be fired, but of course since he’s being instructed to say these things (sounds like a Cheney/Rove play) he won’t be. What a tool…

His comments are priceless, too:

Jr says:

Chertoff will say anything to scare the mouth-breathers into giving their last few freedoms away

The Guardian indicates that the recent bomb attacks in Britain were thwarted by means of surveillance of telephone and email traffic.

The plot to mount car bomb attacks in Britain was hatched outside the UK, with the doctors allegedly involved linked to a ringleader or mastermind abroad, counter-terrorism officials believe. One theory is that the alleged plot was orchestrated by one or two jihadists who infiltrated the NHS and indoctrinated others.

It emerged last night that investigators suspect that the two men caught at Glasgow airport trying to ram a Jeep into the terminal building were also behind the failed attempt to detonate two car bombs in central London last Friday.

Sources also suggested that all known members of the cell had been accounted for. “There is not a huge manhunt,” one well-placed official said. Though the terrorist threat level remains at “critical” there were indications that it would soon be downgraded to “severe”, meaning an attack is highly likely but not imminent.

All eight people arrested have links with the NHS – seven are doctors or medical students and one worked as a laboratory technician. All entered the UK legally.

Intelligence sources last night declined to say where the “guiding hand” or mastermind behind the plot was based. It is likely, given the dates on which some of the suspects entered Britain, that the plot was hatched a year ago, or even earlier.

Though MI5 insists none of the suspects arrested in connection with the plot were under surveillance, the mobile phones detectives recovered from the would-be car bombs contained details that matched material on the security service database. Counter-terrorism officials say data from the phones and email traffic was checked on the database used by MI5, MI6 and GCHQ, the government’s eavesdropping centre. Connections were found linking that information and communications abroad, which enabled the police and security services to speed up their investigations in Britain.

“This linkage allowed the police to move quickly,” said a source. The foreign intercepts included talk of jihad, an official added. Counter-terrorism officials say the links between members of the British-based cell were via the foreign intercepts. It is believed, for example, that Mohamed Haneef, the doctor arrested at Brisbane airport, had long conversations with one of the suspects arrested in Britain.

Meanwhile ABC News reports:

Large teams of newly trained suicide bombers are being sent to the United States and Europe, according to evidence contained on a new videotape …

Teams assigned to carry out attacks in the United States, Canada, Great Britain and Germany were introduced at an al Qaeda/Taliban training camp graduation ceremony held June 9.

A Pakistani journalist was invited to attend and take pictures as some 300 recruits, including boys as young as 12, were supposedly sent off on their suicide missions.

Terrorist graduation slideshow

1:52 video