Need help. United States Foreign Intelligence Surveillance Court?

[nickshepDEM]

Does anyone know how long it typically takes to receive a warrant from this court? Asking because the spin on the right is, the warrant process takes too long and is a threat to national security.

[MSgt213]

1. I think there is a 72 hour provision in the law. If they can't get the

court to act within 72 hours they have to stop. But does anyone think that a secret court would take that long? Its almost just a cover to seem like they are following some rules but the court is going to give them (the administration) their warrant.

[napi21]

2. Biden explained it this morning.

The President has the right to do the spying for 72 hours while he requests authorization from the FISA court. At the end of the 72 hours, or before then, he will be advised. If the court believes he has the right to spy, he'll get the authorization. If they decide he doesn't, the Feds will have to destroy what info they've already collected and cease and dissist.

[montanacowboy]

3. It is my understanding the warrant can be requested

AFTER THE FACT - THEY CAN DO THEIR SPYING AND THEN GO BACK AND ASK THE COURT

AND THIS COURT HAS ONLY ONE TIME TURNED DOWN A REQUEST - ONE TIME

WHY DIDN'T THEY ASK THE COURT? WHY? MAYBE BECAUSE OF WHO THEY WERE SPYING ON... MAYBE

MEMBERS OF CONGRESS - MAYBE MEMBERS OF THE PRESS, WHO KNOWS? BUT THEY DID IT BECAUSE THEY CAN, AND THEY DON'T CARE - BUSH IS GOD - DOES WHATEVER HE WANTS TO, SCREW IT ALL

THE FISA COURT ITSELF IS UNCONSTITUTIONAL - IT HAS NEVER GONE BEFORE SCOTUS

[welshTerrier2]

4. "the spin on the right"

if "the right" wants to change the FISA law, they can try to that ... whether they choose to spin it or not, the FISA law is the law of the land that has to be obeyed ...

here's an excellent article on the FISA law: http://www.eff.org/Censorship/Terrorism_militias/fisa_faq.html

[punpirate]

5. If the warrant is assembled properly...

... probably not much time at all. It's when the affidavits are suspect, etc., that the time comes in.

What has likely been happening is that the agencies can't go to the FISC because the evidence they have has been obtained illegally. Josh Marshall at TPM ( http://www.talkingpointsmemo.com/ } looked up the stats for rejected warrants and it's telling. No rejections at all from 1978 through 2002, only four (and two of those were later accepted with modification) in 2003, none in 2004.

The suggestion now floating is that neither the CIA nor the FBI has ever liked the FISA and has traditionally looked for ways around the statute and have often ignored it, and it is that which has impeded getting warrants--they aren't trying to get warrants later after having first violated the statute.

All this business about it taking too much time is negated by one facet of the statute--the emergency clause which enables surveillance on an emergency basis, so long as a request for a warrant for that surveillance is made within 72 hours.

In other words, it's BS.