Josh Marshall has posted a copy of a letter from Sen Jay Rockefeller to the VP here
Regarding his authorization of warrantless wiretaps, Bush claimed today –
This program is carefully reviewed approximately every 45 days to ensure it is being used properly. Leaders in the United States Congress have been briefed more than a dozen times on this program.
Rockefeller’s letter affirms that he was in fact briefed by the Vice President but the secure nature of the briefing prohibited him from confirming the legality of the spying.
Update: Here is the text of the letter (hat tip – kos for doing the typing)
July 17, 2003
Dear Mr. Vice President,
I am writing to reiterate my concern regarding the sensitive intelligence issues we discussed today with the DCI, DIRNSA, and Chairman Roberts and our House Intelligence Committee counterparts.
Clearly the activities we discussed raise profound oversight issues. As you know, I am neither a technician or an attorney. Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own, I feel unable to fully evaluate, much less endorse these activities.
As I reflected on the meeting today, and the future we face, John Poindexter’s TIA project sprung to mind, exacerbating my concern regarding the direction the Administration is moving with regard to security, technology, and surveiliance.
Without more information and the ability to draw on any independent legal or techical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.
I am retaining a copy of this letter in a sealed envelope in the secure spaces of the Senate Intelligence Committee to ensure that I have a record of this communication.
I appreciate your consideration of my views.
Most respectfully,
Jay Rockefeller
Update: Larry Johnson, has this thought on why Bush doesn’t want to go through FISA –
It appears the most likely explanation is that the Bush Administration did not want to have to tell a Federal judge that they were using information obtained from interrogations that violated the spirit and the letter of the Geneva Conventions. Instead of protecting the nation the President may be covering his derrier.