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Post by Shadow on Jan 7, 2006 13:48:26 GMT -5
Nonpartisan arm of Congress says wiretaps may be illegalPrison PlanetA 44-page nonpartisan Congressional Research Service report on whether President Bush had the legal authority to impose surveillance on international calls without consulting Congress found that Bush's claim of executive power was not "well grounded" in law, RAW STORY has learned. The report, issued Thursday, offers the strongest indication to date that secretive National Security Agency spying conducted in the wake of Sept. 11 was illegal. It was prepared by legislative attorneys at the nonpartisan research arm of Congress. It noted that Congress has had an active role in regulating surveillance, and was unlikely to inherently defer to the executive branch. "The history of Congress’ active involvement in regulating electronic surveillance within the United States leaves little room for arguing that Congress has accepted by acquiescence the NSA operations here at issue," the report said. “It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here under discussion," it added.
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