Watching the watchers

Assults on the NSA - a rundown on the oversight of the NSA's domestic spying program. Looks like they will be busy.

Senate Judiciary Committee: Incoming chairman Sen. Patrick Leahy (D-VT) has repeatedly voiced concern over the program, and fought GOP attempts to legalize it. Likely to hold insightful hearings on the matter; may investigate.

Senate Select Committee on Intelligence: To date, Incoming chairman Sen. Jay Rockefeller's (D-WV) greatest act of outrage over the program came in the form of a secret letter, one copy of which he mailed to Dick Cheney and another which he locked away in a safe. (You can read the letter here.) He has since publicly expressed frustration at being unable to learn details of the program's effectiveness, and has called for "full access" to information about the program.

House Judiciary Committee: Incoming chairman Rep. John Conyers (D-MI) has made harsh statements about the program. Expect to see hearings and/or full-fledged investigations in the new year.

Northern Dist. of Calif. (Hepting v. AT&T): The Electronic Frontier Foundation filed the suit against AT&T, but government lawyers have intervened in the case, attempting to get it dismissed by claiming the "state secrets" privilege -- national security would be compromised if the case moved forward. The judge rejected the motion; the government is appealing. Hearing won't happen before April 2007. (Note: Many of the class-action suits filed against telcos, including an ACLU case filed in Illinois, were transferred to the judge in this case, and are expected to eventually consolidate.)

Eastern Dist. of Mich. (ACLU v. NSA): - The advocacy group sued to stop the NSA program. This case prompted the historic ruling that the program is unconstitutional. The government has appealed that decision, and the judge has allowed the program to continue until the appeal is heard and decided. Oral arguments in appeal expected in January or February 2007.

Southern Dist. of Manhattan (CCR v. Bush): Advocacy group sues administration to stop NSA program. The judge has heard arguments heard on all preliminary motions, however the government is asking the case be consolidated with others. Judge appears to be holding up the suit until that issue is settled.

District of Oregon (Al-Haramain v. Bush): U.S. branch of Islamic charity suspects NSA improperly tapped its conversations via secret program. Government attempted to use state secrets privilege to get case dismissed. Judge rejected.

All over the place: Dozens of class-action suits have been filed against telcos all over the country. Over 30 have been transferred from their original courts to the Northern District of California. In over a dozen other cases, however, the plaintiffs are said to have opposed the transfer.

Justice Department - Office of Professional Responsibility: Earlier this year attempted to probe how top Justice officials, including attorney general Alberto Gonzales, reviewed, approved and monitored the NSA program. Stonewalled by President Bush, who refused to grant necessary security clearances to OPR investigators. OPR closed the investigation.

Justice Department - Inspector General: On Monday, announced an investigation into Justice officials' handling and application of intelligence gathered by the program. Appears targeted at possible wrongdoing by U.S. attorneys and lower-level officials, not senior executives and appointed officials. White House granted clearances to investigators. Ongoing.

NSA - Inspector General: Confirmed in January 2006 that the office had opened an audit into the program. In August, the IG handling the probe was promoted to Negroponte's staff, where he will oversee all counterespionage efforts in the intelligence community. There has been no word on the probe since it was announced in January.

White House - Privacy/Civil Liberties Oversight Board: This panel, chosen by the president and lacking investigative powers, nonetheless reviewed the NSA program and pronounced it all right with them.

Finally, public utility boards in about 20 states have taken action against the program. The boards -- state-level entities which oversee phone companies and other utilities -- have filed administrative complaints against the companies in some cases, and lawsuits in others. Even if the federal government isn't named in these matters, Justice lawyers have intervened in many to get them dismissed.