[Peach]

This is the part Judge Napalotano doesn't get:

return to section 1801, subsection (i): "United States person," which includes citizens, legal aliens, and businesses, explicitly "does not include a corporation or an association which is a foreign power."

Well sure, but does that mean that even if you are a citizen you cash in your abovementioned rights by collaborating with terrorists? Yes you do. You have then become an "Agent of a foreign power" as defined under subsection (b)(2)(C). Such agents include anyone who "knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power," and even includes those who aid and abet or knowingly conspire with those engaged in such behavior.

Wait, that includes anyone, even citizens? Yes — subsection (b)(1) is the part that applies to foreigners; (b)(2) covers everybody. And the whole point of the act is to collect "foreign intelligence information," which is defined under section 1801 subsection (e)(1)(B) as "information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against sabotage or international terrorism by a foreign power or an agent of a foreign power."

[sissyjane]

Napolitano is wacky if you ask me, but I'm a bit surprised by Jonathan Turley. I thought he was smarter than he currently appears.

[lugsoul]

I know you are kidding about this part, because if you are not, you are leaving it in the discretion of the person who wants to wiretap to determine whether or not the target is an 'agent of a foreign power.'

According to about half the folks on FR, something along the lines of 36-38 Senators are "agents of a foreign power."