After Cheney, debate over spy powers continues

Dick Cheney was the public face of the George W. Bush administration's boundary-pushing approach to surveillance and intelligence collection in the years after the Sept. 11, 2001, attacks.

- BY ERIC TUCKER AND DAVID KLEPPER

DAVID BOHRER U.S. National Archives VICE PRESIDENT Dick Cheney and national security advisor Condoleezza Rice, standing, on Sept. 11, 2001.

An unabashed proponent of broad executive power in the name of national security, Cheney placed himself at the center of a polarizing public debate over detention, interrogation and spying that endures two decades later.

"I do think the security state that we have today is very much a product of our reactions to Sept. 11, and obviously Vice President Cheney was right smack-dab in the middle of how that reaction was operationalized from the White House," said Stephen Vladeck, a Georgetown University law professor.

Prominent booster of the Patriot Act

Cheney, who died on Monday at age 84, was arguably the administration's most prominent booster of the Patriot Act, the law enacted nearly unanimously after 9/11 that granted the U.S. government sweeping surveillance powers.

He also championed a National Security Agency warrantless wiretapping program aimed at intercepting international communications of suspected terrorists in the U.S., despite concerns over its legality from some administration figures.

If such an authority had been in place before Sept. 11, Cheney once asserted, it could have led the U.S. “to pick up on two of the hijackers who flew a jet into the Pentagon.”

Law enforcement and intelligence agencies still retain key tools to confront potential terrorists and spies that came into prominence after the attacks, including national security letters that permit the FBI to order companies to turn over information about customers.

But courts also have questioned the legal justification of the government's surveillance apparatus, and a Republican Party that once solidly stood behind Cheney's national security worldview has grown significantly more fractured.