Under FISA, it is a criminal offense to eavesdrop on Americans without the oversight and approval of the FISA court. Section 1809 of FISA expressly provides that "[a] person is guilty of an offense if he intentionally - (1) engages in electronic surveillance under color of law except as authorized by statute. . . ." And Section 2511(2)(f) provides that FISA "shall be the exclusive means by which electronic surveillance . . . may be conducted." Thus, a person has broken the law if -- as the President admits he did -- he orders eavesdropping on Americans without complying with the warrant requirements of the statute. Period. (with appropriate links in the original)Mr. Grenwald continues to provide insight into what is shaping up as the most serious crisis in American Government since its founding.
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