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Originally Posted by Southernstar
Look BDB obviously FISA is the law. Ok. Now, you may or may not know of this law. Which basically says that, yes the POTUS can order a suspects phone to be tapped in a time of war. PROVIDING, that within 72 hours of the wire tap, a showing is made to the FISA Court and then the Court will issue a wire tap.
Ok, now I know this is hard to grasp, but W can't just order this on his own and not get the Courts approval. He's not a King.
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I think you are posting truthful information but not the whole truth.
The gov can listen to foreign calls without a court order. I mean, we can legally eavesdrop on Chirac's boyfriend's phone if we want, no court order needed.
Also, we can listen, without court order to a foriegn national in the USA talk to a foriegn phone number.
The grey area is when the a US citizen is on the line with a foreigner and one of them is outside of the USA. The Ames case asserted that it was legal without a court order since Ames was presumed to be in contact with a foriegn power, regardless of who was actually on the other phone.
B