Quote:
|
Originally Posted by SuckOnThis
No, but it is illegal to tap an Americans phone in the US without a warrant.
FISA makes it a crime, punishable by up to five years in prison, to conduct electronic surveillance except as provided for by statute. The only defense is for law government agents engaged in official duties conducting ?surveillance authorized by and conducted pursuant to a search warrant or court order.? [50 U.S.C. § 1809]
"Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution." 
GW - April 20th, 2004 |
You apparenlty have not read the posts in this thread. The President apparently is not obligated to go through FISA. Congress cannot pass laws that limit the power the constitution provides to the President, unless or until the Supreme Court rules that the law is binding upon the President. Thus at this point in time it is not illegal for the President to "wire tap".