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The ruling is the second time a federal judge has declared the program of wiretapping without warrants to be illegal.
Lawmakers debated for almost a year over the program of wiretapping without warrants initiated after the Sept. 11 attacks.
At its crux, the debate is about whether Mr. Bush can give retroactive legal protection to telephone carriers that cooperated in the program of wiretapping without warrants he authorized weeks after the Sept. 11, 2001, attacks, a program that critics charge was illegal.
The agreement would settle one of the thorniest issues in dispute by providing immunity to the phone companies in the Sept. 11 program as long as a federal district court determined that they received legitimate requests from the government directing their participation in the program of wiretapping without warrants.
After a contentious three-year debate that was set off by the disclosure in 2005 of the program of wiretapping without warrants that President George W. Bush approved after the Sept. 11 attacks, Congress gave the N.S.A. broad new authority to collect, without court-approved warrants, vast streams of international phone and e-mail traffic as it passed through American telecommunications gateways.
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It essentially legalized retroactively President George W. Bush's outlaw program of wiretapping certain terror suspects without a warrant.
But Mr. Obama has to be careful how he proceeds because he has been critical of both Mr. Clinton's penchant for expending presidential capital on small-bore initiatives, like school uniforms, and Mr. Bush's expansive assertions of executive authority, like the secret program of wiretapping without warrants.
The Bush administration has asked for more time to respond to subpoenas from the Senate Judiciary Committee related to the National Security Agency's program of wiretapping without warrants, and the panel has agreed, said a committee spokeswoman, Tracy Schmaler.
WASHINGTON — In continued defiance of the White House, House Democratic leaders are readying a proposal that would reject giving legal protection to the phone companies that helped in the National Security Agency's program of wiretapping without warrants after the Sept. 11 attacks, Congressional officials said Monday.
WASHINGTON, Aug. 1 — Attorney General Alberto R. Gonzales offered a narrowly drawn defense of his recent Congressional testimony on Wednesday, saying he had been truthful in denying that there had been serious disagreements within the Bush administration about the National Security Agency's program of wiretapping without warrants.
WASHINGTON — A former Justice Department official who told Newsweek that he was one of the sources for a 2005 article in The New York Times about the National Security Agency's program of wiretapping without warrants will not be prosecuted for leaking secret information, his lawyer said on Tuesday.
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