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Risen's book is out, and apparently has more details on the program. Details that will do quite a bit of damage to national security. Descriptions can be found here and here.

Some bullet points:
- The leakers seemed to be more concerned over possible 4th amendment violations than statutory violations of FISA.
- The program doesn't seem to be covered by FISA, and would therefore be covered by Executive prerogative.
- The program isn't "data-mining", and doesn't really seem all that controversial.
- Did I mention this would be bad for national security? I even feel uncomfortable connecting the dots for you guys out here in the open (even though they're pretty well connected at the linked posts), but I think you can easily figure it out.

(I think my reasoning in the previous post is still sound. I don't think AUMF is an authorizing statute, but it sounds like the program is not covered by FISA and in that case is covered by Article II.)

Posted by Dorkafork at January 4, 2006 08:31 PM | TrackBack (0)

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Posted by: beautifulatrocities at January 6, 2006 02:00 PM

Posted by: topicstarter at October 16, 2006 01:06 PM