Originally posted by NiteShift:
US Code, Title 50 "War and National Defense"
Section 1802, "Electronic Surveillance Authorization Without Court Order."
"Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year".
So, this has been the law for quite some time. Pres Bush has not done anything illegal regarding surveillance.
Now, this became an issue on the very day of the Iraqi elections, and basically replaced the good news of the elections with accusations directed at Pres. Bush. Strange, very strange.
..to acquire foreign intelligence information for periods of up to one year
2002, 2003, 2004, 2005, 2006...
It seems that Bush has "authorized" electronic surveillance to acquire both foreign and domestic itelligence information regardless of if it is related to Al Qaeda or not for over four years now, and has vowed to continue as long as he wishes.
You seem to have left off a very important part of Section 1802:
"...
if the Attorney General
certifies in writing under oath that -
(A) the electronic surveillance is solely directed at -
(i) the acquisition of the contents of communications
transmitted by means of communications used exclusively between
or among foreign powers, as defined in section 1801(a)(1), (2),
or (3) of this title; or
(ii) the acquisition of technical intelligence, other than
the spoken communications of individuals, from property or
premises under the open and exclusive control of a foreign
power, as defined in section 1801(a)(1), (2), or (3) of this
title;
(B) there is no substantial likelihood that the surveillance
will acquire the contents of any communication to which a United
States person is a party; and
(C) the proposed minimization procedures with respect to such
surveillance meet the definition of minimization procedures under
section 1801(h) of this title; and
if the Attorney General reports such minimization procedures and
any changes thereto to the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence at
least thirty days prior to their effective date, unless the
Attorney General determines immediate action is required and
notifies the committees immediately of such minimization procedures
and the reason for their becoming effective immediately."