[Wasanother]

Carter wasn't under a war scenario to where his Constitutional Authorities applied or was given authorization for use of force by congress. Even according to FISA the rules change under those scenarios.

[Peach]

Spector: Question asked of AG is the role of the FISA court in granting permission in advance or 72 hours after the president authorizes wiretapping.

The whole question of probable cause is one with flexibility under our laws. FISA has reputation for integrity and no leaks, unlike Congress, the administration and perhaps the world.

They are well respected in terms of technical competence.

We will ask whether the admin. will consider sending this entire program to the FISA court for their evaluation.

[Peach]

Spector:The ground rules are we will not ask for factual underpinnings of the program. That is for another committee, the intelligence committee.

[Cboldt]

Carter wasn't under a war scenario to where his Constitutional Authorities applied or was given authorization for use of force by congress. Even according to FISA the rules change under those scenarios.

I'd counsel Gonzales to stay well away from any argument that rings of "statutory permission under FISA, in wartime."