Gonzales Says Congress Authorized Spying

surrender · Dec 21, 2005

"This is a different era, a different war," the president said at a year-end news conference in the East Room. "People are changing phone numbers and phone calls, and they're moving quick. And we've got to be able to detect and prevent. I keep saying that, but this . . . requires quick action."
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This is a poor justification, Bushie. Here's why:

http://www4.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001805----000-.html

(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;
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. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
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So you can wiretap and then get retroactive warrants afterwards in case of an emergency. Wiretapping sans warrants is nothing but a blatant abuse of power.

No Worries · Dec 21, 2005

Do you believe President Bush's actions justify impeachment?
88% say YES.

glynch · Dec 22, 2005

Sadly, getting illegal wiretaps may weaken the war on terror as any indictments thereby obtained may well be thrown out. Some of the other terror related criminal prosectuions brought by the Bushies have been thrown out due to tortured confessions or the unwillingness to bring witnesses from secret prisons to testify.

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Gonzales Says Congress Authorized Spying

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