Posted by Orin Kerr:
FISA Court to Become Involved in NSA Surveillance Program?:
http://volokh.com/archives/archive_2007_01_14-2007_01_20.shtml#1169061716
Just a weeks away from some important developments in the NSA
surveillance litigation -- oral argument in the Sixth Circuit is at
the end of the month, and Judge Lynch's opinion in the SDNY should be
coming down soon -- the Administration has just announced some
changes. It's not clear to me exactly what the changes are, but
[1]here is what the AP is saying:
The Justice Department, easing a Bush administration policy, said
Wednesday it has decided to give an independent body authority to
monitor the government's controversial domestic spying program.
In a letter to the leaders of the Senate Judiciary Committee,
Attorney General Alberto Gonzales said this authority has been
given to the Foreign Intelligence Surveillance Court and that it
already has approved one request for monitoring the communications
of a person believed to be linked to al-Qaida or an associated
terror group.
The court orders approving collection of international
communications -- whether it originates in the United States or
abroad -- was issued Jan. 10, according to the two-page letter to
Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa.
"As a result of these orders, any electronic surveillance that
was occurring as part of the Terrorist Surveillance Program will
now be conducted subject to the approval of the Foreign
Intelligence Surveillance Court," Gonzales wrote in the letter, a
copy of which was obtained by The Associated Press.
&nsbp;"Accordingly, under these circumstances, the President has
determined not to reauthorize the Terrorist Surveillance Program
when the current authorization expires," the attorney general
wrote.
It's not entirely clear to me what this means, but then I haven't
seen the letter. If anyone has a copy of the letter, please send it on
or add a link in the comment thread.
References
1.
http://www.nytimes.com/aponline/us/AP-Domestic-Spying.html?hp&ex=1169096400&en=36c1ef0216432bdf&ei=5094&partner=homepage
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