George W. Bush faced a storm of criticism and threats of impeachment because he authorized the National Security Agency to use warrantless wiretaps on foreign enemies, but those enemies were communicating with U.S. citizens. Regardless of your position on his actions, his name isn’t the only possible correct answer. The question posed in the title is a trick, because it should say “Which President didn’t authorize wiretaps?” The Time Magazine archives contain several articles on the matter. An article dated May 10, 1976 says there had been six Presidents beginning with FDR who had taken the liberty to authorize wiretaps on suspected “subversives.” I think they missed one, because Truman, Kennedy, Johnson, and Nixon are mentioned. I’ve found references that Eisenhower was receiving reports from the FBI providing him intelligence collected on his critics. Perhaps he just left authorization from Truman in place. Ford authorized warrantless wiretaps, so that makes it seven of seven for the time period covered.
Roosevelt’s Attorney General and J.Edgar Hoover had resisted doing wiretaps, but the President overcame their objections with a memo he sent to Attorney General Jackson on May 21, 1940. The book “Roosevelt’s Secret War” says the memo acknowledged the Supreme Court had ruled against the legality of wiretaps. FDR then writes, “I am convinced the Supreme Court never intended any dictum in the particular case which it decided to apply to grave matters involving the defense of the nation.” He then proceeded to authorize wiretaps “of persons suspected of subversive activities.” He did implore that the wiretaps be limited to “…to a minimum and to limit them insofar as possible to aliens”
Not all of the wiretapping was done under the guise of national security. “A squad of FBI men used informants, undercover agents, and bugging to let Lyndon Johnson know what was happening behind the scenes at the 1964 Democratic convention in Atlantic City.” The Nixon administration “…was installing illegal wiretaps and using the Internal Revenue Service to hound its domestic ‘enemies’…”
I haven’t found a President since FDR that didn’t authorize or accept results of warrantless wiretaps “under certain conditions.” President Obama even took the position to maintain the secrecy of the wiretapping authorized by George W. Bush. The thorny issue of how far a President should or can go in infringing on individual rights in the name of national security undoubtedly is not resolved. I’m confident that the Presidents were doing what they thought was necessary to protect the country (except for maybe Johnson and Nixon). However they weren’t listening to Benjamin Franklin’s warning when he said, as listed in Wikiquotes, “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” We’ll have to guess what his ghost would say about the actions of many Presidents.
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