Gonzales: Mentions Hamdi case. President does use FISA. But some people don't udnerstand how it really works.
72 hour provision - the AG must make a determination that all statutes of FISA were appropriate in advance.
Gonzales: Under FISA, each emergency authorization must be followed up with documentation within 72 days. A judge must review, consider and approve the applications.
All the steps take time. AQ does not wait.
While FISA is appropriate for general foreign intel collection, it's not nimble enough against AQ. We can't demand that our soldiers be lawyers on the battlefield, we can't afford to impose layers of lawyers on intel officers who are tracking secretive AQ operatives in real time.
The program is necessary, lawful and respect civil liberties. It is within the mainstream of what other presidents have authorized. Congress has been briefed on the details. To end the program now would give room to our enemy for operations within our borders.