The Justice Department released two memos on the authorization of warrantless wiretapping, as part of the top secret program, Stellar Wind. The memos were created during President George W. Bush’s administration and contain the “legal justification” for electronic surveillance without a warrant. However, one of the me was previously provided with significant redactions to the ACLU in March 2011. It remains heavily censored.
The memo was written by former Office of Legal Counsel (OLC) head and lawyer, Jack Goldsmith, and is dated May 6, 2004.
As ACLU staff attorney Patrick Toomey told The Washington Post, “What these memos show is that nearly three years after President Bush authorized the warrantless wiretapping of Americans’ emails and phone calls, government lawyers were still struggling to put the program on sound legal footing.”