Glenn Greenwald's post regarding the the censure resolution proposed by Senator Russ Feingold on on the resolution proposed by Senator Russ Feingold makes some pretty compelling reading. For anyone who doesn't think President Bush broke the law with his warrantless spying program, I suggest reading the actual Foreign Intelligence Survaillance Act (FISA) law, Section 1811 "Authorization during time of war" says:
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 Congress.
Read it for youself.
What this means is that even after a full-blown Declaration of War (and imagine the dire circumstances where that would occur - the last time was after Pearl Harbor) the President can only wiretap without judicial review for fifteen calendar days. What "other law" can the White House cite to give itself unlimited authority to wiretap without a court order?
I'll concede that the Global War on Terrorism (GWOT) is a state of war with or without a congressional declaration. But even then you only have a 15 days to wiretap without court approval unless some other law applies. My question is "What other law applies?"
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