In the August 3 edition of the USA Today was an article that said that when the three soldiers were kidnapped in May, communications couldn’t be tapped while a warrant was sought. “The Bush administration and its allies, the Associated Press has learned, have argued that the legal work ate up precious hours because of an odd twist to a U.S. surveillance law.” Basically, because part of the communications chain went through US control, they had to get a FISA warrant before they could monitor the communications.
In a word, liars.
From section 1805 of the FISA law (50 USC 1805):
(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that—
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance.
Read it again. In an emergency the monitoring can start 72 hours before the warrant’s application is delivered to the judge.
I’d believe it was incompetence except this same delay’s been referenced and used before – and in fact a LONGER delay is part of the ‘updates’ requested.
Incompetence or lying is immaterial. It’s not the first time. And it’s an explicit example of why I trust nothing said by the current administration that doesn’t have independent verification.