March 15, 2006

Domestic surveillance

Today's National Review Online carries a piece by Byron York on the NSA program which NRO previously ran. He references a published opinion by the Court of Review, created by Congress under FISA to consider appeals from the FISA court. In re: Sealed Case should lay to rest any concerns about the legal basis for the program. Money quote on conducting surveillance: "We take for granted the President does have that authority and assuming that is so, FISA could not encroach on the President's constitutional power. The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information."

Posted by LMC at March 15, 2006 10:07 AM | TrackBack
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