[Barringer]

It not clear. I think we'd have to go to the transcript to see whether Judge Kornblum's comment was connected to or independent of the qualifer "if a warrant is refused..."

I also think that given the judges disclaimer ("unfamiliar with the latest NSA program), for DeBose to state that the judges are saying Bush is within law is to read what's not there into what is.

The existing FISA laws allows for after the fact warrant applications. Although I think the time period should be extended...

[MikeA]

I also think that given the judges disclaimer ("unfamiliar with the latest NSA program), for DeBose to state that the judges are saying Bush is within law is to read what's not there into what is.

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I think the judge was referring to not being familiar with specific cases of wiretapping and why they occured. I think clearly they have been briefed on the nature of the program especially to enable them to testify before the committee. They do not need to know the specifics of the program to comment on its overall legality and constitutionality.