[Cboldt]

It sounds like much of the discussion will remain academic...unless someone in Congress really wants to tackle all of the Constitutional issues involved...and I can't see that happening.

It needn't be that way. Congress has lagged behind, just as it did when Clinton entered Aldrich Ames' house without a warrant.

I'm not hung up on having a statute, but the presence of FISA provides a significant measure of predictability to prosecutions. That's a good thing, in my book.

Have you seen my posts that describe the genesis of FISA?

[P-40]

the presence of FISA provides a significant measure of predictability to prosecutions

I generally would prefer the use of the FISA court...but I see some problems that I don't think have been fully addressed just yet. Most notably, if I take my investigation of a suspected terrorist to the court, and that court determines that my evidence does not meet with their approval...the suspect gets notified...and that might not be such a good thing. The 911 Commission Report goes into detail on the FISA application and the laptop...and it is a sad tale indeed.

I'll have to take a look at your FISA court postings.