Spy Master Admits Error

In a new embarrassment for the Bush administration's top spymaster, Director of National Intelligence Mike McConnell is withdrawing an assertion he made to Congress this week that a recently passed electronic-surveillance law helped U.S. authorities foil a major terror plot in Germany.

The temporary measure, signed into law by President Bush on Aug. 5, gave the U.S. intelligence community broad new powers to eavesdrop on telephone and e-mail communications overseas without seeking warrants from the surveillance court. The law expires in six months and is expected to be the subject of intense debate in the months ahead. On Monday, McConnell—questioned by Sen. Joe Lieberman—claimed the law, intended to remedy what the White House said was an intelligence gap, had helped to "facilitate" the arrest of three suspects believed to be planning massive car bombings against American targets in Germany. Other U.S. intelligence-community officials questioned the accuracy of McConnell's testimony and urged his office to correct it. Four intelligence-community officials, who asked for anonymity discussing sensitive material, said the new law, dubbed the "Protect America Act," played little if any role in the unraveling of the German plot. The U.S. military initially provided information that helped the Germans uncover the plot. But that exchange of information took place months before the new "Protect America" law was passed.

After questions about his testimony were raised, McConnell called Lieberman to clarify his statements to the Senate Committee on Homeland Security and Governmental Affairs, an official said. (A spokeswoman for Lieberman confirmed that McConnell called the senator Tuesday but could not immediately confirm what they spoke about.) Late Wednesday afternoon, McConnell issued a statement acknowledging that "information contributing to the recent arrests [in Germany] was not collected under authorities provided by the 'Protect America Act'."

The developments were cited by Democratic critics on Capitol Hill as the latest example of the Bush administration's exaggerated claims—and contradictory statements—about ultrasecret surveillance activities. In the face of such complaints, the administration has consistently resisted any public disclosure about the details of the surveillance activities—even though McConnell himself has openly talked about some aspects of them.

The Justice Department, for example, just two weeks ago filed a brief opposing the public release of secret legal opinions about the program—even in redacted form—on the grounds that any disclosure beyond a one-sentence comment earlier this year by Attorney General Alberto Gonzales would "cause serious damage to the national security of the United States." (The existence of one of those rulings was first disclosed by NEWSWEEK this summer and publicly confirmed by McConnell in an interview with the El Paso Times in August. The ACLU last month filed an unprecedented motion with the Foreign Intelligence Surveillance Court seeking public release of its rulings about the surveillance program.)

The flap over McConnell's latest statements is especially sensitive because many Democrats have said they felt the White House and the director of national intelligence stampeded them into passing the new surveillance law—claiming it was needed on an "emergency" basis to protect the country against a future terror attack. Speaking Wednesday at a meeting of the Council on Foreign Relations in Washington, Rep. Jane Harman, who was ranking Democrat on the House Intelligence Committee until she was bumped from the committee earlier this year, charged that McConnell had politicized negotiations over the bill. He "appeared to be taking orders from the White House, negotiating for the White House," said Harman. The role he played, "whether he intended it or not, appeared to be political," she said. "Hey—Jane to Mike," she said, "don't become a political actor."