Obama Citizenship

Wiretapping International Phone Calls Ruled Legal

By Phil

Since the Constitution appears to be rather silent — and, therefore, does not specifically speak out against — stipulating what the Legislative or Executive branches can do with respect to foreign affairs (with the obvious exceptions such as going to war or signing treaties), this should come as no surprise.

From the New York Times (via FreeRepublic.com):

WASHINGTON ? A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans? private communications may be involved, according to a person with knowledge of the opinion.

The court decision, made in December by the Foreign Intelligence Surveillance Court of Review, is expected to be disclosed as early as Thursday in an unclassified, redacted form, the person said. The review court has issued only two other rulings in its 30-year history.

The decision marks the first time since the disclosure of the National Security Agency?s warrantless eavesdropping program three years ago that an appellate court has addressed the constitutionality of the federal government?s wiretapping powers. In validating the government?s wide authority to collect foreign intelligence, it may offer legal credence to the Bush administration?s repeated assertions that the president has constitutional authority to act without specific court approval in ordering national security eavesdropping.

The appeals court is expected to uphold a secret ruling issued last year by the intelligence court that it oversees, known as the Foreign Intelligence Surveillance, or FISA, court. In that initial opinion, the secret court found that Congress had acted within its authority in August of 2007 when it passed a hotly debated law known as the Protect America Act, which gave the executive branch broad power to eavesdrop on international communications, according to the person familiar with the ruling. …

The court ruling grew out of a previously undisclosed challenge from a telecommunications provider, which questioned the constitutional authority of the executive branch in ordering it to capture and turn over international communications without court authority, according to the person with knowledge of the opinion.

The telecommunications company, which was not identified, apparently refused to comply with the order and instead challenged the legal basis of the order under the 2007 law in a claim before the FISA court.

The FISA court rejected the telecommunication companies? challenge. It found that the Protect America Act did not violate the Constitution because the Fourth Amendment, which prohibits unreasonable searches and seizures, contained an exception for the collection of foreign intelligence information, according to the person familiar with the ruling. …

Barack Obama, then a United States senator, was highly critical of the presidential wiretapping power claimed by Mr. Bush, and threatened to filibuster the final bill. But he ultimately voted for it, angering some of his liberal supporters. His administration is expected to examine possible changes in wiretapping law and operations, a review that will probably be affected by the findings of the FISA appeals court.

-Phil

Full post as published by The Right Side of Life on January 15, 2009 (boomark / email).