Recalling What "FISA But No PAA" Really Means
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As the Bush administration turns up the volume on its despicable lies about the purported implications of the expiration of the insolently named "Protect America Act," it has become necessary to review what is and is not still the law regarding War on Terror eavesdropping.
First and foremost: FISA did not expire, the PAA expired. FISA* has no sunset clause; it is in full force until repealed or amended. Administration apologists have been relentless in propagating this lie.
And what does FISA provide?
1. Foreign-to-foreign communications are not protected from surveillance. That has always the case, and is still the case now.
2. When foreign-to-domestic communications are at issue, the government does not have to wait for a warrant from the Foreign Intelligence Surveillance Court. The government can initiate the wiretap and then seek a retroactive warrant from the FISA Court up to 72 hours later. That was the case before PAA was enacted and is still the case after PAA expired.
So again, when National Intelligence Director Mike McConnell and Attorney General Michael Mukasey insist that
So explain to me again who is putting Americans at risk here?
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A few reminders, given how brazenly the Bush administration is flat-out lying about the warrantless wiretapping question:
--FISA is not a "Carter-era" law; it is a Bush-era law.
--When Administration officials use the term "terrorist," remember that they are conveniently omitting the words "alleged" or "suspected." This is a subterfuge they also use in another context.
--The original violation of FISA, the "Terrorist Surveillance Program," involved eavesdropping on American citizens on American soil. It defies and defiles every dictionary in the world to label such activities as "foreign intelligence" or "international communications." It was domestic spying, pure and simple.
--The Protect America Act**, meanwhile, is about one thing and one thing only: turning an undemanding, de minimis retroactive FISA warrant requirement into no requirement at all.
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Meanwhile, the program has resumed, which I suppose means that government has also resumed paying its phone bill.
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My old fifty-post chain on the warrantless wiretapping scandal here.
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*Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 et seq.
**Public Law No. 110-55 (PDF - 7 pages).
First and foremost: FISA did not expire, the PAA expired. FISA* has no sunset clause; it is in full force until repealed or amended. Administration apologists have been relentless in propagating this lie.
And what does FISA provide?
1. Foreign-to-foreign communications are not protected from surveillance. That has always the case, and is still the case now.
2. When foreign-to-domestic communications are at issue, the government does not have to wait for a warrant from the Foreign Intelligence Surveillance Court. The government can initiate the wiretap and then seek a retroactive warrant from the FISA Court up to 72 hours later. That was the case before PAA was enacted and is still the case after PAA expired.
So again, when National Intelligence Director Mike McConnell and Attorney General Michael Mukasey insist that
"the delay resulting from this discussion impaired our ability to cover foreign intelligence targets, which resulted in missed intelligence information"what they are really saying is that they themselves refused to comply with FISA's modest requirement that the government return to seeking retroactive warrants from the FISA Court (which, recall, are approved, literally, over 99.95% of the time).
So explain to me again who is putting Americans at risk here?
---
A few reminders, given how brazenly the Bush administration is flat-out lying about the warrantless wiretapping question:
--FISA is not a "Carter-era" law; it is a Bush-era law.
--When Administration officials use the term "terrorist," remember that they are conveniently omitting the words "alleged" or "suspected." This is a subterfuge they also use in another context.
--The original violation of FISA, the "Terrorist Surveillance Program," involved eavesdropping on American citizens on American soil. It defies and defiles every dictionary in the world to label such activities as "foreign intelligence" or "international communications." It was domestic spying, pure and simple.
--The Protect America Act**, meanwhile, is about one thing and one thing only: turning an undemanding, de minimis retroactive FISA warrant requirement into no requirement at all.
---
Meanwhile, the program has resumed, which I suppose means that government has also resumed paying its phone bill.
---
My old fifty-post chain on the warrantless wiretapping scandal here.
---
*Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 et seq.
**Public Law No. 110-55 (PDF - 7 pages).
Related Posts (on one page):
- Domestic Spying Update
- Recalling What "FISA But No PAA" Really Means
Posted by Kip on
24 February 2008
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