[mnehring]

2. His actions do violate FISA

Actually, his actions don't violate FISA. The aforementioned executive order amends FISA and gives the President and Attorney General the power to approve physical searches, without a court order, to acquire foreign intelligence information...

The problem is many are reading only the original text of FISA and not the amendments to it.

[icwhatudo]

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

Yes, thats what clinton did, but it states "Pursuant to section 302(a)(1)"

The problem is that I've read that that section requires the Attorney General to certify is the search will not involve "the premises, information, material, or property of a United States person." Can someone link?

P.S. I'm in agreement Bush has the power, FISA imho is trying to undermine the constitution.

[Cboldt]

he aforementioned executive order amends FISA and gives the President and Attorney General the power to approve physical searches, without a court order, to acquire foreign intelligence information...

I believe that EO recapitualtes a different section of FISA. 50 USC 1802 relates to electronic surveillance, 50 USC 1821 relates to physical searches, both are part of FISA.

http://www.fas.org/sgp/crs/intel/RL30465.pdf <- good summary of the act

http://www.mail-archive.com/volokh@lists.powerblogs.com/msg05152.html <- decent analysis

[mrsmith]

"The aforementioned executive order amends FISA "

Executive orders are not law nor do they amend law.

This was a directive from one president that resolved, to his satisfaction, the conflict between FISA and his inherent powers.

Nonetheless it's good to remind people that Dem- and all- presidents had the same view as president Bush. The media never will!