[IP] more on Zogby poll
Begin forwarded message:
From: David Bolduc <bolduc@xxxxxxxxxxxxx>
Date: January 17, 2006 1:45:59 PM EST
To: dave@xxxxxxxxxx
Subject: Re: [IP] Zogby poll
On Jan 17, 2006, at 12:33 PM, David Farber wrote:
Begin forwarded message:
From: Lee Revell <rlrevell@xxxxxxxxxxx>
Date: January 17, 2006 1:12:03 PM EST
To: dave@xxxxxxxxxx
Cc: ip@xxxxxxxxxxxxxx, chodge5@xxxxxxx
Subject: Re: [IP] Zogby poll
Also, none of the polls I have seem make it clear that FISA allows
them
to wiretap first and get a warrant later. I think if you made that
clear then a solid majority would say it was wrong to disregard FISA.
Lee
<snip>
Unless you laid out the detailed set of commands in Section 1804(a)*
about what a warrant application has to contain, and pointed out how
difficult it would be to satisfy those requirements and get a court
to act on it in 72 hours.
Have we descended far enough yet into "why the polls will show what I
think they should if we just frame the questions the way I'd like
to"? ;)
* They are:
(a) Submission by Federal officer; approval of Attorney General;
contents
Each application for an order approving electronic surveillance under
this subchapter shall be made by a Federal officer in writing upon
oath or affirmation to a judge having jurisdiction under section 1803
of this title. Each application shall require the approval of the
Attorney General based upon his finding that it satisfies the
criteria and requirements of such application as set forth in this
subchapter. It shall include—
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the President
of the United States and the approval of the Attorney General to make
the application;
(3) the identity, if known, or a description of the target of the
electronic surveillance;
(4) a statement of the facts and circumstances relied upon by the
applicant to justify his belief that—
(A) the target of the electronic surveillance is a foreign power or
an agent of a foreign power; and
(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a
foreign power or an agent of a foreign power;
(5) a statement of the proposed minimization procedures;
(6) a detailed description of the nature of the information sought
and the type of communications or activities to be subjected to the
surveillance;
(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among those
executive officers employed in the area of national security or
defense and appointed by the President with the advice and consent of
the Senate—
(A) that the certifying official deems the information sought to be
foreign intelligence information;
(B) that a significant purpose of the surveillance is to obtain
foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal
investigative techniques;
(D) that designates the type of foreign intelligence information
being sought according to the categories described in section 1801
(e) of this title; and
(E) including a statement of the basis for the certification that—
(i) the information sought is the type of foreign intelligence
information designated; and
(ii) such information cannot reasonably be obtained by normal
investigative techniques;
(8) a statement of the means by which the surveillance will be
effected and a statement whether physical entry is required to effect
the surveillance;
(9) a statement of the facts concerning all previous applications
that have been made to any judge under this subchapter involving any
of the persons, facilities, or places specified in the application,
and the action taken on each previous application;
(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of the
intelligence gathering is such that the approval of the use of
electronic surveillance under this subchapter should not
automatically terminate when the described type of information has
first been obtained, a description of facts supporting the belief
that additional information of the same type will be obtained
thereafter; and
(11) whenever more than one electronic, mechanical or other
surveillance device is to be used with respect to a particular
proposed electronic surveillance, the coverage of the devices
involved and what minimization procedures apply to information
acquired by each device.
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