FreeDuck wrote:Ticomaya wrote:I'll repeat MM's question ... Aldrich Ames?
Nothing in FISA prevents them from searching Aldrich Ames provided they have probable cause, which I'm sure they did.
Correct.
Yet, a good argument is being made here also.'
"President Bush and Attorney General Alberto Gonzales on Monday cited three areas in which the administration has the authority to conduct warrantless domestic surveillance: presidential powers in Section 2 of the U.S. Constitution; the 2001 congressional authorization for the use of force after the Sept. 11 attacks; and the Supreme Court's decision in the 2004 case of enemy combatant Yaser Hamdi, a Saudi-American citizen captured on the battlefield in Afghanistan who was held for three years without being charged.
On Tuesday, White House spokesman Scott McClellan repeated the legal underpinnings used to justify the "signals intelligence."
"Under Article 2 of the Constitution, as commander in chief, the president has that authority. The president has the authority under the congressional authorization that was passed and clearly stated that, quote, 'The president is authorized to use all necessary and appropriate force.' This was under Section 2 in the authorization for the United States Armed Forces," McClellan said.
"It is limited to people who have ?- one of the parties to the communication [who has] a clear connection to Al Qaeda or terrorist organizations and one of the parties [who] is operating outside of the United States. And I think that's important for people to know, because there's been some suggestions that it's spying inside the U.S. That's not the case," the press secretary added.
Gonzales told reporters that the Supreme Court decision on Hamdi reinforced the claim that the president was given wide permission in the Sept. 14, 2001, vote by Congress authorizing the president to "use all necessary and appropriate force" against those behind the Sept. 11 attacks. "