Wednesday, January 11, 2006

 

Sometimes it Helps to Read the Law

In an earlier post, I had stated what I thought was the central question in the NSA surveillance kerfuffle (h/t James Taranto) thus: No one doubts that the President can order our spies to listen in, without a warrant, on the telephone, and other forms of communication, of our foreign enemies, but what if an American is on the line with an al Qaeda member? Does that make it necessary to get the FISA warrant? I had answered no, and I believe I was right but I really should have looked up the law, specifically 50 USC Section 1801(b)(2)(E) which is a definition section and contains the following:

"Agent of a foreign power” means—

(2) any person who—

(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

So assuming that al Qaeda's call to someone in the U.S. is not a wrong number, taking the call and discussing plans, etc. makes one an agent of a foreign power by definition and no warrant is necessary for the NSA to listen in to the phone calls of an agent of a foreign power.

The New York Times' so called patriotic leak turns out to be just another case of accusing the President of doing what the Constitution and law allows him to do and what all sane Americans would expect him to do in time of war.

Comments:
Except how do you know that the Amercan Citizen is talking to al Qaeda unless you're eavesdropping on the call. Talk about your circular reasoning.

Wait , i get it, your position is, in time of war, give George Bush the power to declare anyone he wants a "foreign agent". Thats the ticket. Lets just make him dictator. I mean , after all, our security depends on it.

Roger, what a disengenuious moron you are.
 
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