Text 17846, 68 rader
Skriven 2006-02-13 22:36:12 av Gary Braswell (1:123/789.0)
  Kommentar till text 17783 av Ed Hulett (1:123/789.0)
Ärende: SPYING ON AMERICANS
===========================
Ed Hulett -> Gary Braswell wrote:
 EH> On 2/8/2006 Gary Braswell -> Ed Hulett wrote:

 ->> Ed Hulett -> Gary Braswell wrote:
 EH>>> On 2/7/2006 Gary Braswell -> John Massey wrote:

 ->>>> John Massey -> BOB SAKOWSKI wrote:

 JM>>>>> "BOB SAKOWSKI -> JOHN MASSEY" <1:123/140> wrote in message
 JM>>>>> news:16196$POLITICS@JamNNTPd...

 BS>>>>>>>> That, in a nutshell, is why the FISA Court
 BS>>>>>>>> is being bypassed.

 JM>>>>>>> Not according to others. Others point to the need
 JM>>>>>>> to move faster than possible if time is required
 JM>>>>>>> to get a warrant before listening in.


 ->>>> The FISA court does allow an after-the-fact process.

 ->>>> Its Title 50, Chapter 36, Subchapter 1, 1805 Issuance of Order,
 EH> f
 ->>>> Emergency Powers:

 ->>>> Notwithstanding any other provision of this subchapter, when the
 ->>>> Attorney General reasonably determines that— (1) an emergency
 ->>>> situation exists with respect to the employment of electronic
 ->>>> surveillance to obtain foreign intelligence information before
 EH> an
 ->>>> order authorizing such surveillance can with due diligence be
 ->>>> obtained; and (2) the factual basis for issuance of an order
 ->> under  ->> this subchapter to approve such surveillance exists; he
 ->> may authorize  ->> the emergency employment of electronic
 ->> surveillance if a judge having  ->> jurisdiction under section 1803
 ->> of this title is informed by the  ->> Attorney General or his
 ->> designee at the time of such authorization  ->> that the decision has
 ->> been made to employ emergency electronic  ->> surveillance and if an
 ->> application in accordance with this subchapter  ->> is made to that
 ->> judge as soon as practicable, but not more than 72  ->> hours after
 ->> the Attorney General authorizes such surveillance.

 EH>>> FISA does not supercede Article II powers of the Executive
 ->> Branch.

 ->> And that means?

 EH> That means that the president has the power to do surveillance without
 EH> a warrant if it is a matter of national security.

 EH> If they had listened in to the phone calls between Yeman and a person
 EH> in San Diego named Kahlid, they might have stopped the 9-11 attacks.
 EH> That was in 1999 and 2000. That Kahlid turns out to be one of the
 EH> attackers who flew flight 77 into the Pentagon.

 EH> To be able to use wire-taps and other surveillance under FISA, they
 EH> have to have enough information to convince the Attorney General before
 EH> the 72 hour clock even starts.

I agree the President has the authority.

Somehow I doubt any AG would require much else than what the President acted
upon.

FISA has only refused, what? A handful of requests out of 1900.

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