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Born at the Crest of the Empire

Monday, December 19, 2005

Gonzales defends NSA spying

WaPo has a good piece on the Gonzales defense of the NSA spying asserting that the 2001 Afghan war resolution trumps the 1978 FISA act because FISA
"makes an exception for surveillance "otherwise authorized by congress."

Congress "otherwise authorized" eavesdropping in the resolution, he argued.

That resolution makes no reference to eavesdropping or of detention policies. The administration has cited it in justification of both, however.

Also, over the past day or two, the defense that "we did it because the FISA courts were too slow," has been shot down by the revelation that FISA warrants can be sought retroactively. In other words, start the tap immediately, then go and get the warrant.

Thre's something more going on here, but I'm not sure exactly what.

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