Back to the 'spying'.
The Department of Justice renewed its legal defense of warrantless
domestic intelligence surveillance by the National Security
Agency in a 42 page white paper transmitted to Congress
yesterday:
"The President -- in light of the broad authority to use military
force in response to the attacks of September 11th and to
prevent further catastrophic attack expressly conferred on the
President by the Constitution and confirmed and supplemented by
Congress in the AUMF [authorization for use of military force]
-- has legal authority to authorize the NSA to conduct the
signals intelligence activities he has described. Those
activities are authorized by the Constitution and by statute,
and they violate neither FISA nor the Fourth Amendment," the
document concludes.
Department of Justice White Paper, January 19, 2006:
Legal Authorities Supporting the Activities of the National (PDF data)