[RhoTheta]

50USC1802 states:

(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;

It would appear that the President can authorize these taps, if the subject(s) of the taps are "foreign powers" as designated by 50C1801.

Sec. 1801. Definitions

As used in this subchapter:

(a) ``Foreign power'' means--

(1) a foreign government or any component thereof, whether or not recognized by the United States;

(2) a faction of a foreign nation or nations, not substantially composed of United States persons;

(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;

Is the problem that the targets of the wiretaps don't fall under the specified sections of 50C1801, but under section 1801(a)(4 thru 6) or 1801(b or c) which more have to do with terrorists, than with spies in a foreign embassy on American soil?

It would seem that Jimmah Carter put these sections in play in 1978, but didn't anticipate al Queida cells and sympathizers at that time.

[wotan]

It would appear that the President can authorize these taps, if the subject(s) of the taps are "foreign powers" as designated by 50C1801.

More will come out, but it appears at this time that it wasn't foreign powers being tapped, but any persons corresponding with or talking to terrorists, real or suspected. I am basing this only on what I heard on O'Reilly and my general impression of Turley. If it were otherwise, I don't believe Turley would have said that Bush's actions were clearly illegal. If they were illegal, then someone needs to be disbarred (Bush's lawyers) or impeached (Bush).

[Eagles Talon IV]

What about the part of this code that says it may not be done (surveillance) if any American citizen or person IN America is involved. I have paraphrased this but I saw it in this code as an exception to the all inclusiveness which many seem to think exists. I asked about this yesterday but no one responded.

[Palladin]

(1) a foreign government or any component thereof, whether or not recognized by the United States;

I would interpret "any component thereof" to include any and all agents working for a foreign government on US soil, engaged in acts of espionage and terror.

Who needs that spelled out?