Quote:
|
Originally Posted by Drakonix
The student had a lot more going for him than borrowing a library book, even if it's Mao's "Little Red Book" - guaranteed.
The NSA has been conducting limited clandestine surveillance on Americans for many more years than Bush has been President. Given certain conditions of National Security, (even without the Patriot Act) such surveillance is lawful without warrant.
|
the
Foreign Intelligence Surveillance Act of 1978 is pretty
clear on this point: the Prez can authorize eavesdropping without a warrant but he is required to get one as soon as possible after the fact.
Quote:
|
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest.
|
apparently, the Prez felt he had the perogative to skip the small detail of obtaining a warrant.