Wednesday, December 21, 2005

Wartime Fisa

Here's another close-in defense weapon the administration will likely use in the NSA argument. From subsection 1811:
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 a period not to exceed fifteen calendar days following a declaration of war by the Congress.

Does the "specific statutory authorization" in the AUMF constitute a "declaration of war by the Congress?"

Dollars to donuts, when push comes to biff, Gonzales will argue that it did.


This clause, by the way, is the first instance I've found of a specific power granted to the President by Congress in a time of "declared war."

Whether this piece of legislature is constitutional is another question.

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