Given the president’s remarks, here is an interesting note on the NSA/FISA controversy sent in by a Worldwide Standard reader: President Bush’s wiretaps were absolutely — without any doubt — NOT in violation of FISA, but you have to read between the lines of [Attorney General] Gonzales’ 42-page legal report. The key: 1. Footnote #5, p.17
[To avoid revealing details about the operation of the program, it is assumed for purposes of this paper that the activities described by the President constitute “electronic surveillance,” as defined by FISA, 50 U.S.C. § 1801(f).]
2. 50 USC Sec. 1801(f)(2), particularly the clause “…if such acquisition occurs in the United States….” 3. Footnote #6, p. 19
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