Excellent Explanation of Domestic Spying Program

[mndfl]

Media Matters does a good job of explaining the legal aspects of Bush's spy on Americans program.

http://mediamatters.org/items/200512220011

DEFENSE OF CLINTON ADMINISTRATION
The "blame Clinton first" crowd breathlessly recounted how Clinton's FBI searched Aldrich Ames' house without a warrant. What they fail to point out is that the law in question (the Foreign Intelligence Surveillance Act--FISA--which governs the conduct of the government in foreign intelligence cases) did not require a warrant for "physical searches" at that time. It only required a warrant for "electronic surveillance." Later that year (1995), Congress with the support of the Clinton Administration amended FISA to cover physical searches in addition to electronic surveillance.

Let's recap. Before the FISA amendment, the law did not require a warrant for physical searches in foreign intelligence cases. It only required a warrant for electronic surveillance. After the FISA amendment was enacted, the law required a warrant for BOTH physical searches and electronic surveillance.

SUMMARY: Prior to the FISA amendment and in the absence of explicit statutory authority, the Clinton Administration assumed the power to conduct a warrantless physical search in a foreign intelligence case. But once a law was enacted covering physical searches in foreign intelligence cases, the Clinton Administration complied with the law.

That ends my defense of the Clinton Administration, which has NOTHING to do with Bush's spy on Americans program.

THE REAL LEGAL ISSUE OF THE BUSH PROGRAM
At no time did the Clinton Administration, nor any other Administration, violate FISA. Until now.

The Bush Administration has violated a law that explicitly BANS warrantless surveillance.

What's the big deal?

Essentially, President Bush believes he can violate the law during a time of war. FISA explicitly bans surveillance without a warrant and prescribes a $10,000 fine and five years in jail for each violation.

Another question that President Bush needs to answer is why, at a time when Congress was so forthcoming with granting the Executive additional powers, did he not go to Congress to ask for this authority?

[mndfl]

1. The Washington Post answered the question.

Why did President Bush not ask for the authority to spy on Americans without a warrant?

He did. Congress said no.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/22/AR2005122202119.html

And by the way, someone should remind the folks at Fox News that Daschle was majority leader, not minority leader, at the time.