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Originally posted by sgtclub
I wasn't trying to suggest that it cured any SOP problem, if there is one. The fact that he did brief members of congress does, however, cut against the claims by some that he was operating this program in a dark smokey room for nefarious purposes.
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Just so we're clear -- I don't really think the President is using this program for "nefarious" purposes. But the road to hell is paved with good intentions.
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What about the president's war powers? I don't know enough about the act, but is that a possible source for authority? If so, I would argue that the resolution for the WOT, being later in time, supercedes FISA in the event of a conflict.
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Aren't we talking about the President's power as CIC?
And if you're arguing that the Authorization for the Use of Military Force in Afghanistan somehow trumps FISA, don't bother. It's later in time, but FISA specifically deals with wartime, too, so there's no reason to think that Congress was trying to change FISA when it passed the AUMF. An earlier, specific statute will trump a later, general one.
It would be a dumb thing to lie about, since it would be so easily refuted.
