Can't Touch This

Asked for comment, Michael Ortiz, a spokesman for Obama, said: "Senator Obama continues to believe that the public deserves to know that there is accountability and oversight of the surveillance program and urges that a nonclassified report from the IG be made available to Congress." But a U.S. intelligence community official, who asked not to be identified, talking about sensitive matters, insisted there was no intent on the part of Helgerson or the other inspectors general to ignore the congressional requirement for a public report on the surveillance program. The official said the National Security Agency—which conducted the warrantless surveillance—was still reviewing the material in the interim report in an effort to see what can be declassified. "This is simply the first step. The review is not over by any means," the official said.

Sources familiar with the interim report said there is nothing all that sensitive about it. The document merely outlines the "scope" of the review that the inspectors general plan to conduct in preparation for the final report due next July.

As for the demands for a preservation order, the official said: "Directives have been issued to preserve records relating to this surveillance program. But, as Congress is aware, intelligence community inspectors general have clearly defined authorities. Those authorities don't, as a rule, extend to giving orders to the White House."

Littig says the intelligence committee has no evidence that documents about the surveillance program were being destroyed. But, she adds that given the tangled history of the program—and the limited disclosure provided to Congress over the years—"we've learned to be very specific."

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