Wednesday, December 21, 2005

Smoke, Mirrors and FISA

It looks to me like the NYT is getting caught up in a smoke, mirrors, and noise gambit.
A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say.

I didn't see anything if subchapter 1802 that cleared unwarranted surveillance if one end of a phone conversation is outside the United States. That "allowance" appears to have sprung solely from within the executive branch, in which case, Messrs. Bush and Gonzales seem to have, indeed, been making up their own laws.

P&S will continue to search for something in FISA that mentions a "one foot out of the water" clause.

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