Electronic Surveillance under the law (Grounds for lawsuit against Bush)

[Walt Starr]

Please look closely at some of this. The last two links are important here and could easily provoke mass FOIA filings in order to file a class action lawsuit against George W. Bush, Condaleeza Rice, and numerous others for their actions. This is the end all and be all of this issue as this is the law as it is written. A president HAS THE AUTHORITY TO WIRETAP WITHOUT A COURT ORDER DURING A TIME OF WAR, but read the statute carefully because Section 1811 does not apply in this case. I'll quote Sectios 1810 and 1811, but just link the rest:

Title 50, Chapter 36, Subchapter I., sections 1801 - 1811:

§ 1801. Definitions

§ 1802. Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court

§ 1803. Designation of judges

§ 1804. Applications for court orders

§ 1805. Issuance of order

§ 1806. Use of information

§ 1807. Report to Administrative Office of the United States Court and to Congress

§ 1808. Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress

§ 1809. Criminal sanctions

§ 1810. Civil liability

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801 (a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—

(a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;

(b) punitive damages; and (c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.

This means we could all file FOIAs to find out who they illegally wiretapped and anybody who was illegally tapped could file a lawsuit. Actually, a class action lawsuit would be best.

§ 1811. Authorization during time of war

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.

Congress has not declared war, thus Bush has exceeded his authority under the law and is open to a class action lawsuit.