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Politics : I Will Continue to Continue, to Pretend....

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To: Sully- who wrote (17403)1/31/2006 4:46:35 PM
From: Sully-   of 35834
 
POSNER AND PROBABLE CAUSE

Rich Lowry
The Corner

Richard Posner states why the administration probably wanted to work around—not necessary violate—FISA here very nicely:
    According to the administration, the only communications 
intercepted outside the framework of FISA are calls to
and from the United States in which the overseas party is
suspected of terrorist connections, though the suspicion
does not rise to the probable-cause level that would be
required for obtaining a FISA warrant. It seems to me
vital to our national security to be able to intercept
such communications--and more. Suppose a phone number in
the United States is discovered on a rolodex in an Al Qaeda
hideout in Yemen. Wouldn't you want the NSA to intercept
all calls, especially international, to or from that U.S.
number and scrutinize them for suspicious content? Yet
the mere fact that a suspected or even a known terrorist
has a U.S. phone number in his possession would not
create probable cause to believe the owner of that phone
also a terrorist; probably most phone conversations of
terrorists are not with other terrorists. The government
can't get a FISA warrant just to find out whether someone
is a terrorist, though that's what it most needs to know.
Nor can it obtain a warrant to intercept communications
between two persons both of whom are in the United
States, even if they are suspected of being members of a
terrorist sleeper cell. These are crippling limitations.
http://corner.nationalreview.com/06_01_29_corner-archive.asp#088818

tnr.com
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