CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, June 11, 2010

"Rehnquist Was Asked to Review Wiretapping Program"

The story is in the New York Times:

WASHINGTON — The legal battle over the Bush administration’s program of eavesdropping without warrants has never reached the Supreme Court. But it may have come closer than previously known, as a result of an approach to Chief Justice William H. Rehnquist prompted by National Security Agency employees who believed the program violated the law.

Within months of the beginning of the eavesdropping program in October 2001, a staff member of the House Intelligence Committee, alerted to the possibility of illegal spying by N.S.A. insiders and hoping to prompt a high-level legal review, wrote to Chief Justice Rehnquist asking for a meeting, according to several people familiar with the episode.

. . . .

There was no response, and it is not known whether the letter was seen by the chief justice or prompted him to make inquiries.

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