'WIRE' LAW FAILED LOST GI: 10-HOUR DELAY AS FEDS SOUGHT TAP TO TRACK JIMENEZ CAPTORS IN IRAQ

New York Post ^ | October 15, 2007 | CHARLES HURT, Bureau Chief

[Doctor Raoul]

'WIRE' LAW FAILED LOST GI

10-HOUR DELAY AS FEDS SOUGHT TAP TO TRACK JIMENEZ CAPTORS IN IRAQ
By CHARLES HURT, Bureau Chief

October 15, 2007

WASHINGTON - U.S. intelligence officials got mired for nearly 10 hours seeking approval to use wiretaps against al Qaeda terrorists suspected of kidnapping Queens soldier Alex Jimenez in Iraq earlier this year, The Post has learned.

This week, Congress plans to vote on a bill that leaves in place the legal hurdles in the Foreign Intelligence Surveillance Act - problems that were highlighted during the May search for a group of kidnapped U.S. soldiers.

A search to rescue the men was quickly launched. But it soon ground to a halt as lawyers - obeying strict U.S. laws about surveillance - cobbled together the legal grounds for wiretapping the suspected kidnappers.

For an excruciating nine hours and 38 minutes, searchers in Iraq waited as U.S. lawyers discussed legal issues and hammered out the "probable cause" necessary for the attorney general to grant such "emergency" permission.

Finally, approval was granted and, at 7:38 that night, surveillance began.

"The intelligence community was forced to abandon our soldiers because of the law," a senior congressional staffer with access to the classified case told The Post.

"How many lawyers does it take to rescue our soldiers?" he asked. "It should be zero."

[Roccus]

Why would an inter-Iraq or even a Middle Eastern regional call need to transit a U.S. switch?

In this instance, would US forces in theater be able to surveil(?) cell/satellite communications specific to the situation at hand, or would all communications in that area have to be intercepted and routed to the US to be electronically searched for the information needed, thereby transiting a US switch?

Not being a wise@$$, just seeking info.

[angkor]

would all communications in that area have to be intercepted and routed to the US to be electronically searched for the information needed, thereby transiting a US switch?

Technically, no. You ask the Kuwaiti and Egyptian companies to install the proper gear. Having gained that cooperation there is no need to route it to the U.S. And if you DID choose to route it, you's still need that same cooperation. There's no avoiding it.

Again the story makes no sense. Three Middle Eastern cellphone companies/carriers (now two due to consolidation), handling calls inside Iraq. There is no plausible reason why these calls would be "routed" to any U.S. domestic entity or domestic gear.

[subterfuge]

I noticed you didn’t reply to any of the posts calling you on your BS.

YOU are the one missing the story.

[TomGuy]

Too many only want to blame the Dems for everything.

The FISA law has been around since Carter and it was created as the result of Richard M. Nixon’s actions while president. [Ouch!]

As for the immediate issue, it was, as I stated, the NSA and AG who took nearly 10 hours to decide whether or not the wire tap should be allowed. [They finally decided that it was allowable — after nearly 10 hours.] [Ouch!]

But, if you prefer to fingerpoint, go ahead. It accomplishes nothing, but maybe it makes you feel better about those solders’ deaths, which might have been prevented if someone in the NAS or Justice Department had the capacity to make a decision. [Ouch!]

You can’t blame the Democrats because the NAS or Justice Department couldn’t make a determination. [Ouch!] Oh, I guess you could, because it is easier to scapegoat and blame the Dems for everything.

[subterfuge]

Well thanks for the reply, but I don’t know why you’d reply to me and not those others. You probably have your reasons.

True, many only want to BLAME Dems for everything. Myself, I blame LIBERALS for everything, which includes lots of Republicans.

[olddemocrat]

Are we prosecuting a war or conducting a courtroom trial?

[TADSLOS]

Are we prosecuting a war or conducting a courtroom trial?

Ask the troops in Iraq about their restrictive ROE and you'll not only get your answer but you'll get to meet the potential defendants.

[piasa]

Maybe the guys who waterboarded him should have asked him who called him on Nov 9:

NOVEMBER 9, 2001 : (THE NIGHT HITCHENS CLAIMS HE WAS CALLED ABOUT A TACTICAL NUKE “ON THE LOOSE” TARGETTED FOR WASHINGTON, DC) —————The night of the weak knees ,Christopher Hitchens,Wednesday December 5, 2001, The Guardian

[<1/1,000,000th%]

The left must be ecstatic knowing they’re killing our troops.

[KC Burke]

It is my understanding that the FISA court’s denials were of an insignificant percentage in the years prior to 9/11 and the Bush Administation. After 9/11 and after Clinton, denials became much more common place.

That was the whole instance, well covered in media, that prompted the confrontation over the work-around in 2006.

After a crucifixion for not allocating to the FISA court the juridictional breadth that Democrats felt was intended, the Administration proposed compromises that have yet to be fully codified.

They were using the work-around for taps abroad to avoid just such delays of both evaluation and presentation. Without the work-around the complexities of evaluation and presentation to the FISA court will govern and you have the results here.

You are fine with blaming the A. G. I am fine with blaming the whole FISA court apparatus.

This soldier, serving overseas as my son does, is still dead.

[SuziQ]

Mz. Pelosi needs to have a personal meeting with Maria Duran and try to explain to her the vast importance of protecting the trial lawyers' ability to sue, bribe and subborn perjury in an effort to extract billions from telecom companies who were merely helping our government try and fight the threat of terror with wiretaps.

I'd pay real money to see that!

[SuziQ]

If you can't do your job without worrying about getting indicted for it, you're not going to be very effective.

AMEN!

[BOBTHENAILER]

I'd pay real money to see that!

You and me both.

[4woodenboats]

Great summary.

It is the motive of usurping our country's progress in the WOT that brings on the tap dancing and subsequent accusations.

Prayers for your son's success and safety.

[KC Burke]

I just saw him off, yesterday, at the airport to return to Bagram from his mid-deployment leave. Except for the stray mortar, air travel and the like, he is in a large enough base that his safety worries are much less than most Army soldiers. For that, I am thankful and feel fortunant.