Reply #96: The story is different...

[Vyan]

than it appears on first blush, but it's still true. I've read and posted in the Dkos thread - and the core issue remains the same.

1 ) Bush specifically asked the NSA to retain information that that they normally wouldn't (the list of U.S. names) - without first obtaining FISA approval prior to 9-11.

2) This had not been done by the previous administration.

3) After Sept 11th, Senior Bush officials wanted to share this information with outside agencies such as FBI, CIA or DIA - NSA refused and deleted the names just as they should have been doing all along.

This is slightly different from the Risen issue - but I suspect this reluctance by NSA is what cause the President to 40 sign executive orders allowing NSA information gathered about U.S. citizens to be shared with FBI, DIA, HSA. etc, without FISA warrants in fhe first place.

The problem now is that this information has the potential to be "fruits of the poison tree" since it was gathered without a warrant, and any subsequent clues or evidence gleaned from this data would be inadmissable in court. Unless -- so-called "high risk" targets are grabbed up by the special access group that been kidnapping terrorist suspects overseas for several years now, and puts them in our secret prison system abroad. In that case, it wouldn't matter if all your evidence is tainted - no ones ever going to see it, or the suspect - again.

Vyan