Clues To How the NSA Spies on Americans and Possible Immunity for Telecoms for Helping Gov Spy
Those who like to read tea leaves to figure out how the Administration actually captures Americans' emails and phone calls without a warrant may have gotten a more cups to look at this week, even as telecom lobbyists are reportedly working hard to have Congress let them off the hook from pending lawsuits for their participation.
On Tuesday when the White House's Privacy and Civil Liberties Oversight Board met for the first time, the five members, who all had been briefed on the NSA program in November, didn't reveal much. In fact, Board member and former Solicitor General Theodore Olson remain mum until the final panelist suggested a way to avert a looming Constitutional showdown over whether the president has the inherent power to wiretap Americans without a warrant in the face of an external threat to the country. (The Supreme Court has already ruled the President has no such authority with regards to domestic threats.)
That piqued Olsen's attention.
Olsen, whose wife was on the plane that terrorists crashed into the Pentagon on 9/11, expressed interest in the suggestion that the nation's surveillance laws could be modified to add a specialized, and more limited, warrant to wiretap an American when all the government has is a suspicion they are involved with terrorism or spying. The idea was floated by Anthony Clark Arend, a Georgetown law professor.
More:
http://blog.wired.com/27bstroke6/2006/12/clues_to_how_th.html