Comments on: Specter’s NSA Hearing http://informedspeculation.com/2006/03/29/specters-nsa-hearing/ Refunds Cheerfully Given To All Who Disagree Fri, 10 Feb 2012 06:53:00 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Mark http://informedspeculation.com/2006/03/29/specters-nsa-hearing/comment-page-1/#comment-15009 Mark Thu, 30 Mar 2006 04:56:30 +0000 http://decision08.net/2006/03/29/specters-nsa-hearing/#comment-15009 Amazing the NY Times didn't see fit to include that quote, isn't it?... Amazing the NY Times didn’t see fit to include that quote, isn’t it?…

]]> By: Fred http://informedspeculation.com/2006/03/29/specters-nsa-hearing/comment-page-1/#comment-15008 Fred Thu, 30 Mar 2006 04:54:22 +0000 http://decision08.net/2006/03/29/specters-nsa-hearing/#comment-15008 Actually, Congress doesn't have "to grant the President broad eavesdropping powers for foreign intelligence purposes without having to bother with case-specific probable cause" as he already has that power via the Constitution: FISA judges say Bush within law By Brian DeBose THE WASHINGTON TIMES March 29, 2006 "A panel of former Foreign Intelligence Surveillance Court judges yesterday told members of the Senate Judiciary Committee that President Bush did not act illegally when he created by executive order a wiretapping program conducted by the National Security Agency (NSA). The five judges testifying before the committee said they could not speak specifically to the NSA listening program without being briefed on it, but that a Foreign Intelligence Surveillance Act does not override the president's constitutional authority to spy on suspected international agents under executive order. "If a court refuses a FISA application and there is not sufficient time for the president to go to the court of review, the president can under executive order act unilaterally, which he is doing now," said Judge Allan Kornblum, magistrate judge of the U.S. District Court for the Northern District of Florida and an author of the 1978 FISA Act. "I think that the president would be remiss exercising his constitutional authority by giving all of that power over to a statute........" http://washingtontimes.com/national/20060329-120346-1901r.htm Actually, Congress doesn’t have “to grant the President broad eavesdropping powers for foreign intelligence purposes without having to bother with case-specific probable cause” as he already has that power via the Constitution:

FISA judges say Bush within law

By Brian DeBose
THE WASHINGTON TIMES
March 29, 2006

“A panel of former Foreign Intelligence Surveillance Court judges yesterday told members of the Senate Judiciary Committee that President Bush did not act illegally when he created by executive order a wiretapping program conducted by the National Security Agency (NSA).

The five judges testifying before the committee said they could not speak specifically to the NSA listening program without being briefed on it, but that a Foreign Intelligence Surveillance Act does not override the president’s constitutional authority to spy on suspected international agents under executive order.

“If a court refuses a FISA application and there is not sufficient time for the president to go to the court of review, the president can under executive order act unilaterally, which he is doing now,” said Judge Allan Kornblum, magistrate judge of the U.S. District Court for the Northern District of Florida and an author of the 1978 FISA Act. “I think that the president would be remiss exercising his constitutional authority by giving all of that power over to a statute……..”

http://washingtontimes.com/national/20060329-120346-1901r.htm

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