A point needs to be brought up here.
Crooks and Liars
has an audio clip up of Sean Hannity and his lying about the FISA stature.
Hannity: If Osama Bin Laden calls the United States, they're saying we
need to go spend 76 hours and get a court order before we can record that
phone conversation-that's how asinine their logic is.
points out that is false, the wiretap can be started then after that they have
72 hours to get the warrant. It is a retroactive system to help insure that
valuable information is not missed while awaiting bureaucracy.
With that said there is another lie in that statement which needs to be
addressed. This is something hat even the mainstream media overlooks. Bush does
not have 72 hours under FISA to get the warrant. We are in a state of war and
with that comes some remarkable exceptions. One of those exceptions is in the
FISA code, most noteably title 50, chapter 36, subchapter 1, section 1118 of the
United States Code which reads:
Notwithstanding any other law, the President, through the Attorney
General, may authorize electronic surveillance without a court order under
this subchapter to acquire foreign intelligence information for a period not
to exceed fifteen calendar days following a declaration of war by the
That gives Bush a period 5 times greater than at peace time to obtain the
warrants. It also makes what Hannity said that much more of a lie.
What was it that Bush couldn't find out in 15 days?