50 USC § 1811. Authorization during time of warAttorney General Gonzales made sure to assert that we are not in a state of war, that the AUMF being an authorization us use military force is something different from that.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 a period not to exceed fifteen calendar days following a declaration of war by the Congress.
I think the "AUMF results in a 'statutory grant of authority' (or avoids violation of statutory law) for the NSA program" has a number of pitfalls for the administration, but they are making the argument.
"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 a period not to exceed fifteen calendar days following a declaration of war by the Congress."
This helps make Gonzalez's point. Clearly Congress recognized the need for warrantless surveillance but surely they didn't think it necessary for only 15 days! Which is why FISA also says is that it shall be the exclusive means of conducting foreign surveillance EXCEPT AS AUTHORIZED BY STATUTE. AUMF is precisely that statute!
"Attorney General Gonzales made sure to assert that we are not in a state of war, that the AUMF being an authorization us use military force is something different from that."
I disagree. In Gonzalez prepared statement from yesterday he asserted we are at war many times. See http://www.usdoj.gov/ag/speeches/2006/ag_speech_060206.html.