ABCNews obtains timeline of FISA request for surveillance of Iraqi Insurgent

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http://www.dailykos.com/story/2007/9/24/125443/485

The Problem with McConnell's Sworn Testimony

On 9/18/07 Director of National Intelligence Michael McConnell testified to HJC about an incident in which American Troops were "endangered by pre-update FISA rules." He testified that the necessity of obtaining a warrant under pre-update FISA law delayed initiation of surveillance of Iraqi Terrorists who had kidnapped American troops. From TPMm:

Then McConnell dropped a bombshell: (FISA court rulings earlier this year required the NSA to get a warrant before listening in on the communications of Iraqi insurgents who kidnapped U.S. soldiers.

Something about this testimony did not sit right. Specifically, FISA law prior to the update allowed emergency wiretapping to be conducted for 72 hours without any FISA court involvement. Again, from Spencer Ackerman at TPMm:

Ultimately, McConnell told Rep. Heather Wilson (R-NM) that the procedures in place as the result of the FISA Court ruling kept the insurgents from being surveilled for 12 hours. Yet on Tuesday, the panel heard testimony from former Justice Department FISA chief James A. Baker that obtaining a FISA warrant -- let alone exercising FISA's 72-hour emergency provision for after-the-fact approval -- is a rapid process. Reyes called the 12-hour lag in surveillance a "failure" of bureaucracy. McConnell attempted to underscore the point that he shouldn't have had to go to the FISA Court under any circumstance -- before the fact or after

http://blogs.abcnews.com/politicalradar/2007/09/iraqi-insurgent.html

The key times attached to the letter:

May 12, 2007: :Three US solider were reported missing and believed to have been captured by Iraqi insurgents…SIGINT (signal intelligence) assets responded by dedicating all available resources to obtaining intelligence concerning the attack."

13& 14th: Intelligence community began to develop leads.

May 15: 10:00am "key US agencies met to discuss options for colleting additional intelligence."

10:52am: "NSA notified..DOJ of its desire to collect communications that require a FISA order…it was determined some FISA coverage already existed."

12:53pm to 5:15pm :"Administration lawyers and intelligence officials discussed various legal and operational issues associated with the surveillance."

5:15pm: DOJ's FISA Office the Office of Intelligence Policy and Review (OIPR) received a call formally requesting emergency authority to conduct surveillance."

5:30pm: "The OIPR attorney on duty attempted to reach the Solicitor General who was the Acting Attorney General while Attorney General Gonzales was addressing a United States Attorney's Conference in Texas. However the Solicitor General had left for the day and the decision was made to attempt to reach Attorney General in Texas."

OIPR contacted DOJ command center and requested to locate the Attorney General. "After Several telephone calls with the staff accompanying the Attorney General, the OIPR lawyers were able to speak directly with the Attorney General and brief him on the fact of the emergency request."

" At 7:18pm, the Attorney General authorized the requested surveillance, the Justice Department attorney's immediately notified the FBI."

"At 7:28pm, the FBI notified the key intelligence agencies and personnel of the approval."

"At 7:38pm, surveillance began."