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CRS Report Evaluates Presidential Authority for Warrantless Surveillance

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CRS Report, January 5, 2006: Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information (44 pages, PDF)
Related references:

  • New York Times, Report Questions Legal Basis for Bush’s Spying Program: “President Bush’s rationale for authorizing eavesdropping on American citizens without warrants rests on questionable legal ground and “may represent an exercise of presidential power at its lowest ebb,” according to a formal Congressional analysis released today…While the Congressional report reached no bottom-line conclusions on whether the program is legal or not, it concluded that the legal rationale appears somewhat dubious.”
  • Washington Post, Report Rebuts Bush on Spying: “The 44-page report said that Bush probably cannot claim the broad presidential powers he has relied upon as authority to order the secret monitoring of calls made by U.S. citizens since the fall of 2001.”
  • State of War: The Secret History of the C.I.A. and the Bush Administration,by James Risen
  • Washington Times reports: Former NSA Intel Officer Offers Congressional Testimony: “I intend to report to Congress probable unlawful and unconstitutional acts conducted while I was an intelligence officer with the National Security Agency and with the Defense Intelligence Agency,” Mr. Tice stated in the Dec. 16 letters, copies of which were obtained by The Washington Times.”

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