Domestic Wiretapping in the War on Terror: A Briefing Before the United States Commission on Civil Rights Held in Washington, DC, Briefing Report [open pdf - 474KB]
"On March 9, 2007, a panel of three experts attended a briefing on domestic wiretapping in the war on terror at the U.S. Commission on Civil Rights. Gregory T. Nojeim, Assistant Director and Chief Legislative Counsel of the American Civil Liberties Union, Washington Legislative Office; Dr. John Eastman, Professor at Chapman University School of Law and Director of the Claremont Institute Center for Constitutional Jurisprudence; and Kareem W. Shora, National Executive Director of the American-Arab Anti Discrimination Committee presented their insights on the constitutional implications of wiretapping in the war on terror, the role of the President and Congress in national security policy-making and program authorization, and the impact of surveillance programs on Arab Americans and other groups. The briefing was held in Room 540 at 624 Ninth Street, Northwest, Washington, DC. The briefing was originally scheduled in response to Bush administration policies generally described as the Terrorist Surveillance Program (TSP). In general terms, the dispute focused on the fact that, in 2002, President George W. Bush secretly authorized the National Security Agency to conduct warrantless phone-taps of domestic targets reasonably believed to be in communication with a member or agent of al Qaeda, or an affiliated terrorist organization. Supporters of this program argued that the President has the constitutional and statutory authority to conduct such warrantless phone taps. Critics, on the other hand, argued that the program violated the Foreign Intelligence Surveillance Act (FISA), which permits warrantless taps of 72 hours, but otherwise requires an order from a Foreign Intelligence Surveillance Court. Critics also argued that these taps did not comport with the Fourth Amendment prohibition against unreasonable searches and seizures."
United States Commission on Civil Rights: http://www.usccr.gov/
U.S. Commission on Civil Rights Briefing. Washington, D.C. March 9, 2007