I don’t think Napolitano’s characterization of Presidential discretion under FISA wrt “United States persons” is accurate.
https://www.law.cornell.edu/uscode/text/50/chapter-36/subchapter-I
I am not a lawyer but as I read Section 1802, surveillance ordered by a President w/o a court order only applies to foreign entities and persons.
“United States persons” are specifically excluded.
And in any case, the Attorney-General has to also sign off on any such surveillance - and any FISA court application to wiretap US persons as well.
Which is why, in my view, Loretta Lynch’s deafening silence throughout this whole episode is notable. As is the lack of media interest in getting her on the record. (As Rush says, the drive-bys are scared of the answers, so they avoid the questions).
I’d like any Freepers who are actually lawyers to weigh in on this.
Noth that 0bama would care one way or the other.