15 days, not 72 hours, to gain FISA warrant - Biden

http://www.msnbc.msn.com/id/10565905/

On December 21, 2005 Senator Joe Biden said that the President had 15 days, not 72 hours, to file for a warrant after beginning surveillance according to the FISA law.

BIDEN: Let me explain that. I‘m going to tell you my perspective in that. Under the FISA law, the president of the United States can do all of this for 72 hours, for three days, without doing anything. You just do it, period.

<skip>

Now, there‘s another provision no one‘s talking about. The other provision we wrote into the law, back in ‘78, if I‘m not mistaken it was ‘78, we said if there‘s a declaration of war, and by the way a congressional authorization to use force which the president has, is equivalent to a declaration of war, constitutionally. If there‘s a declaration of war, you can go—you know, for 15 days, Mr. President, you can do this.

You don‘t have to ask anybody. You don‘t just seek any wire tap. For 15 days you can do this. So this idea he has that technology‘s changed. That‘s a bunch of malarkey. Technology has changed, but you have plenty of time.

They normally have 72 hours but in cases of emergency they had up to 15 days. So their whole argument is just a lot of hooey.

haha.. a polite substiture for "bullshit"

Why so polite Senator ? These crooks don't deserve much politeness.

The key is that it can be done retroactively. So it really doen't matter a bit how much later you have to notify the court when you did not have to seek the court's approval and authority beforehand.

:smoke:

TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1811 Prev | Next

§ 1811. Authorization during time of war


Release date: 2005-03-17

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.

http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36_20_I.html

Biden said--
BIDEN: I think it‘s bizarre. It‘s a bizarre assertion

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