Comments on: NSA Eavesdropping Now Court Approved – Permanently

By: protein wisdom

protein wisdom — Thu, 18 Jan 2007 18:27:40 +0000

FISA Versa?…

Glenn Greenwald, in full crow, writes of the re-connection of the President and FISA over the (insanely) controversial NSA surveillance program :For those people (as opposed to the Bush followers who support anything the administration does no matt…

By: HaroldHutchison

HaroldHutchison — Thu, 18 Jan 2007 15:52:15 +0000

Not only that… it can always be re-authorized with an Executive Order – which was how it was started after the 9/11 attacks.

By: Sister Toldjah

Sister Toldjah — Thu, 18 Jan 2007 03:29:00 +0000

Has the administration caved on the NSA surveillance program?…

The blogosphere is buzzing with tonight with the belief that the admin has given up on the NSA Terrorist Surveillance Program by saying they ‘won’t reauthorize it’ and that all future requests for warrantless wiretaps will be decided …

By: lurker9876

lurker9876 — Thu, 18 Jan 2007 03:02:08 +0000

Wonder if the Democrats were caught unawares about this…forcing them to change their agendas, huh?

By: Retired Spook

Retired Spook — Thu, 18 Jan 2007 01:02:37 +0000

As AG Gonzales noted, the negotiations with the FISC over this issue have been going on since spring of 2005. Had Bush not signed the Executive order every 45 days as Terrye notes, that, IMO, would have been grounds for impeachment. His first and foremost duty is to protect the American people from ALL enemies, FOREIGN AND DOMESTIC, and he’s done a superb job. The fact that it took nearly 2 years to work this out with the FISC reflects just how complex this issue is. (or, perhaps, how stubborn and dense the FISC judges were). Either way, the Dems can spin this all they want. It certainly wouldn’t be the first time they’ve exploited national security for political gain. I wish more people found it as abhorrent as I do. I just wonder how many hours or days it will be before the NYT spills the details of these new orders.

By: The Heretik

The Heretik — Thu, 18 Jan 2007 00:51:19 +0000

Card Tricks…

Memo from Alberto Gonzales: Kindly disregard any idea that we had a losing hand. On spying on citizens. On Article Two inherent authority. On state secrets. And oh, yeah, we will comply with FISA in “innovative” ways. And forget that m…

By: Terrye

Terrye — Thu, 18 Jan 2007 00:43:52 +0000

People are going to try to make this look like a victory for the Democrats just because the media says it is. But in truth if the program existed only because Bush signed an order for it every 45 days it seems to me that getting some kind of permanent status for it means that even if a Democrat wins in 08 this program will survive to some extent.

By: Macsmind - Conservative Commentary and Common Sense

Macsmind - Conservative Commentary and Common Sense — Thu, 18 Jan 2007 00:34:14 +0000

FISA to gain complete authority over Domestic Surveillance?…

Seems the Bush Administration blinked on the legal NSA survelliace program:
“WASHINGTON (AP) — The Justice Department, easing a Bush administration policy, said Wednesday it has decided to give an independent body authority to monitor the g…

By: For Enforcement

For Enforcement — Wed, 17 Jan 2007 23:54:57 +0000

Thanks for the analysis, from the news release it sounded as if Bush had caved, and I was crushed. Now I see he WON. All right. thanks again.

By: Snapple

Snapple — Wed, 17 Jan 2007 23:46:43 +0000

So are you saying that it may now be easier to monitor the domestic contact if the government thinks that person is up to something bad?

I think a lot more goes on domestically than people realise.

By: Stop The ACLU

Stop The ACLU — Wed, 17 Jan 2007 23:29:13 +0000

Bush Won’t Reauthorize Terrorist Surveillance Program…

I’m about to walk out the door and I check on things one last time and see this news! Of course news like this would come out right as I leave. It looks like the Bush Administration decided that trying to keep the program as it is with the new …

By: erp

erp — Wed, 17 Jan 2007 23:25:53 +0000

Already the media are selling this as a victory for the dems and “another” Bush retreat.

By: AJStrata

AJStrata — Wed, 17 Jan 2007 23:23:25 +0000

Snapple,

Sorry – trying to speed write. The NSA monitors terrorists overseas. When those terrorists contact or are contacted by someone in the US those communications are monitored (legally). This is the difference between the Target of monitoring and Contacts of the target. Everyone who contacts the Target is fair game – of course. Whether authorized by a warrant or war powers or Article II, conversations with targets of surveillance are not covered as illegal surveillance.

So what this means is each time a US-based contact is communicating with a terrorist target, that communication can be monitored. Now you cannot go and monitor all the communications of the contact – that is illegal. An example would be when police have a warrent to eavesdrop on a mobster, and he calls your house by misdialing a number. That one call to you is legal surveillance of YOU under the warrant related to the target. Authorities cannot normally begin monitoring all YOUR calls just because you were in contact with a Target.

So if authorities want to put the US-based contact under full surveillance, they need to go to the FIS Court to get a warrant. Until that happens they can only capture what the snare listening in on the overseas terrorists. A very important and subtle legal fact most reporting literally ignored through all this.

By: Snapple

Snapple — Wed, 17 Jan 2007 23:16:28 +0000

AJ–

You wrote, “what it means is NSA developed leads can be the basis for full FISA warrants that enable monitoring of all communications – not just the ones to the terrorists. Game, Set and Match.”

I don’t understand your point about “not just the ones to terrorists.”

I have never understood this stuff. It is so arcane.

By: Bill's Bites

Bill's Bites — Wed, 17 Jan 2007 23:05:43 +0000

NSA Eavesdropping Now Court Approved – Permanently…

I won’t try to summarize it. Just go read A J’s post….