GEN. HAYDEN: Lots of questions contained there. Let me try them one at
a time. First of all, I need to get a statement of fact out here, all
right? NSA cannot -- under the FISA statute, NSA cannot put someone on
coverage and go ahead and play for 72 hours while it gets a note
saying it was okay. All right? The attorney general is the one who
approves emergency FISA coverage, and the attorney general's standard
for approving FISA coverage is a body of evidence equal to that which
he would present to the court. So it's not like you can throw it on
for 72 hours.

On 1/26/06, Larry C. Lyons wrote:
> By its controlling legislation at least one judge on the FISA court is
> available at all times. Moreover there's the 72 hour provision, they
> can apply for the warrant up to 72 hours after starting the wiretap.
> Think of it, unless things are really screwed up they have 3 days
> before they need a warrant.
>
> so the NSA can still tap that line.
>
> larry
>

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