Besides, It's Legal To Spy On Foreign Powers

Hugh Hewitt does a legal analysis and concludes

Overlooked in most of the commentary on the New York Times article is the simple, undeniable fact that the president has the power to conduct warantless surveillance of foreign powers conspiring to kill Americans or attack the government. The Fourth Amendment, which prohibits “unreasonable” searches and seizures has not been interpreted by the Supreme Court to restrict this inherent presidential power. The 1978 Foreign Intelligence Surveillance Act … cannot be read as a limit on a constitutional authority even if the Act purported to do so.

As the blogosphere is fond of saying, read the whole thing.

Josh Poulson

Posted Sunday, Dec 18 2005 09:08 AM

Adjacent entries


« Bush Admits to Using NSA to Spy
Christmas 2005 »





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