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Whew! I finally found some references to the law. See my comments after these sections.


Posted: Jun 9, 2013

This kind of stuff can give you headaches! LOL 

50 USC § 1802 - Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction

(a)

(1) 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 periods of up to one year if the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at—

(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or

(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;

(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and

(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; and

 

if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

 

50 USC Section 1804 (d) states:

(d) Personal review by Attorney General

(1)

(A) Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, or the Director of the Central Intelligence Agency, the Attorney General shall personally review under subsection (a) of this section an application under that subsection for a target described in section 1801 (b)(2)of this title.

 

(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.

 

(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.

 

(2)

(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) of this section for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.

 

(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) of this section for purposes of making the application under this section.

 

(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.

 

http://www.law.cornell.edu/uscode/text/50/1804

___________________

Some people hate Bush and blame him for breaking the law, but Obama has broken more laws and rules than any other President that we know about in the past 4-1/2 years (not to say that other Presidents have not - they just weren't "caught"). To find out how many laws were broken by other Presidents would take years of research and I’m sure no one here has that amount of time.

In the end, all the reading I’ve done points to the Attorney General being the culprit in all warrantless searches, not a President. It is up to the AG to decide, THEN get authorization. They still cannot do these searches UNLESS they get “emergency authorization” and the authorization is only good for 15 to 30 days.

We all know that Holder doesn't care what the law is..he molds it to HIS way and/or opinion of what HE thinks it should be and/or picking and choosing which law he wants to follow or disregard.

Who was the AG during Bush's term? Stop giving this administration a pass if you refuse to give the previous administration a pass on this rule of law.


;

Are you serious??!!! Do you HONESTLY not recall - sm

[ In Reply To ..]
Alberto Gonzalez, the Bush AG, and the scandal surrounding HIM?

I don't care about the silly political games the republicans are trying to play at the expense of our national security.

It bothers me MORE that John McCain wants to arm al Qaeda members in Syria. He is either senile or is preparing the setting for another terror attack, which the republicans need very badly in order to restore their imagined image as the only ones who can "protect" us.

I don't want to see another 9/11, yet that possibility doesn't seem to bother many RWs on this board, and I find THAT very, very disturbing on so many levels.

I'm very serious. I don't want to see another 911 - Truthhurts

[ In Reply To ..]
but with the government in place now, the possibility is all too real.

It came out later in the IG investigation of the charges facing Gonzales that most of those firings were warranted for poor job performance. It was a case about of politics because Schumer and the rest of the democrats demanded his resignation from key Democrats, including Senate Majority Leader Harry M. Reid (Nev.), Sen. Hillary Rodham Clinton (N.Y.) and Sen. Edward M. Kennedy (Mass.). didn't like him and this was a way to try to get rid of him.

Sounds familiar, doesn't it? It's not unlike Shulman, Miller, Clinton, Clinton, and Lerner, to name a few. How about all the Senators who seem to have memory problems, too? Seriously, is Schumer, Reid, Clinton, going after them?

BTW, Bill Clinton fired a group of attorneys. Was there a big hullabaloo about that? I don't think so.

I realize you probably think our government keeps us safer than it did with Bush, but I don't think so. Just look at Boston....they could have averted that attack had they listened and investigated when Russia first warned them, but they didn't. They brushed it off.

Look at Benghazi....Chris Stevens warned them about the unrest and they were warned about it from others, too, and they brushed it off.

Yet, they allowed a doctor who helped Obama get Bin Laden go to jail for helping our government. No one is lifting a finger to help him.

What happened to the Seal 6 team who took out Bin Laden? Didn't Obama leak their names? Where are they now? Didn't they die in a "helicopter crash?"

Too many activities are going on that need to be investigated by a neutral party, but it'll never happen.

It would be nice if everyone would finally understand that politics plays more of a part in whatever is done in D.C. than they realize, that this kind of crap happens all the time, but they don't. I read a lot of comments on news sites and social sites and they always scream party only. If someone in Congress votes their head and heart instead of their party, they are condemned. . . . and on that note, I'll come back later hopefully with the IG report from above.

Have a nice day...sickening rain again here.

Chris Stevens requested more money for security - sm

[ In Reply To ..]
but the republican House said NO.

We could use rain here. Right now, it's 11:46 and 84 degrees. And with the mountains, we're a mile "closer to the sun" that what I was accustomed to when I used to live on the east coast. It can be 60 degrees out and feel like it's 70 or 75 because of that, I think (plus there's less humidity here).

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