02/27/06

New York Times sues Department of Defense for eavesdrop documents


NEW YORK (AP) -- The New York Times is suing the Department of Defense, saying the government has refused to turn over records related to its domestic warrantless surveillance program.

In its federal lawsuit, the Times asked the court Feb. 27 to order the government to comply with a Freedom of Information Act request requiring it to release documents or provide a lawful reason why it cannot.

The Times said a Dec. 16 letter to the Defense Department requested all internal memos, e-mails and legal memoranda and opinions since Sept. 11, 2001, related to the National Security Agency spying program. The department is the parent agency of the NSA.

The spying program was revealed by the Times in a story in December.

Maj. Susan Idziak, a Defense Department spokeswoman, said the department would work closely with the Justice Department on litigation regarding the matter.

The newspaper said it asked for meeting logs, calendar items and notes related to discussions of the program, including meetings held by Vice President Dick Cheney and his staff with members of Congress and telecommunications executives.

It also requested all complaints of abuse or possible violations in the operations of the program or the legal rationale behind it.

And it sought the names and descriptions of people or groups identified through the use of the program and a description of relevant episodes used to identify the targets of the intercepts.

The lawsuit said the Defense Department acknowledged receipt of the request on Dec. 30, but the response, required in 20 business days, never came.

President Bush has defended the program to monitor electronic communication between the United States and international sites involving suspected al-Qaida operatives as vital to anti-terrorism efforts.