USSID, enacted in July of 1993, creates the following, as described by The American Spectator's Jed Babbin:
Under Section 4 of USSID 18, communications which are known to be to or from U.S. persons can't be intentionally intercepted without: (a) the approval of the FISA court...; OR (b) the approval of the Attorney General of the United States with respect to "communications to or from U.S. PERSONS outside the United States...international communications" and other categories of communications including for the purpose of collecting "significant foreign intelligence information."
USSID 18 goes on to allow NSA to gather intelligence about a U.S. person outside the United States even without Attorney General sanction in emergencies "when securing the approval of the Attorney General is not practical because...the time required to obtain such approval would result in the loss of significant foreign intelligence and would cause substantial harm to national security."
Babbin further reports that FISA, misrepresented by liberals far and wide, allows the Attorney General to bypass the FISA court. This obviously makes sense, since it would be virtually impossible for the government to go before the FISA court every time a terrorist made a telephone call in which someone in the United States was a participant.
These facts are terribly simple. As Babbin summarizes, "[e]veryone who is ranting and raving about illegality has neither the facts (most of which we don't know) or the law and regulations (which weigh heavily in favor of legality) on their side."
In fact, not only was it not illegal, it was a pretty good idea.
Everyone expects more terrorist attacks on our shores, but none has yet occurred. One reason for that is probably the NSA domestic intelligence gathering program.
We can do a lot, and must do it all. Spying on aliens and some "U.S. persons" here in accordance with the law, asking our allies to spy on Americans overseas, sharing intelligence gathered abroad with law enforcement authorities here, and much more. Our Constitution and laws set broad bounds for intelligence gathering. We should do everything within those bounds. Everything.
And, as the author notes, Harry Reid and the boys were probably the ones briefed repeatedly...if Bush did illegal actions, they are culpable and just as guilty. However, they knew, and they know, that this is not illegal. They are using our national security for political gain, and most Americans are seeing through it. I hope our friend Mahatma does the same.
Kennedy wiretapped MLK, and we weren't even at war. Johnson did many enemies. Carter, Bubba, Bush 41 and even Reagan. However, now is different. We are at war. This president is not spying on everyone. It is narrowly focused on those known to associate with al queda or terrorist front organizations.
Not Illegal. However, the leaking sure as hell was.