 lawyer said he went to a congressional official in 2004 to reveal what he knew about the NSA eavesdropping operation because he believed that it was unconstitutional. But nothing happened as a result of his congressional contacts. He did not know that congressional leaders had already been notified.

Apart from the very small number of senior senators and congressmen who have been briefed by the White House on the NSA program, most members of Congress believe that FISA ended, once and for all, the right of the government to conduct secret wiretaps inside the United States without search warrants or court approval. Some experts in national security law say that past presidents have periodically -- and very quietly -- asserted that despite FISA, they reserved the right to order warrantless wiretaps in the United States under extreme circumstances for national security purposes. But that never became an issue with Congress in the past, because until now, no president has ever actually exercised that authority since FISA became law.

The legal opinions supporting the NSA operation followed secret deliberations over expanding the NSA's role. For example, just days after the September 11, 2001 attacks, John Yoo, a Justice Department lawyer in the Office of Legal Counsel, wrote an internal memorandum that argued that the government might use "electronic surveillance techniques and equipment that are more powerful and sophisticated than those available to law enforcement agencies in order to intercept telephonic communications and observe the movement of persons but without obtaining warrants for such uses." Yoo noted that while such actions could raise constitutional issues, in the face of devastating terrorist attacks, he wrote, "the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties."

But that was not an argument that the Bush administration wanted to test openly in Congress. Seeking congressional approval was viewed as politically risky because the proposal would be certain to face intense opposition from civil liberties groups. In order to support the White House decision not to seek new legislation to support the NSA operation, administration lawyers secretly argued that new laws were unnecessary because the post-9/11 congressional resolution on the war on terror provided ample authorization.

In the end, the administration's justifications for the NSA domestic surveillance operation fail to explain adequately why it would not be possible to conduct surveillance of terrorist suspects with court­approved search warrants under the FISA rules. Several government officials said they have not had any trouble obtaining search warrants for wiretaps from the FISA court since the September 11 attacks. The number of warrants approved by the court
lawyer said he went to a congressional official in 2004 to reveal what he knew about the NSA eavesdropping process because he believe that it was unconstitutional. But nothing happened as a result of his congressional contacts. He did not sleep together that congressional leaders had already been notified. 

 aside from the very small number of senior senator and congressman who have been briefed by the White House on the NSA program, most member of Congress believe that FISA ended, once and for all, the right of the politics to conduct secret wiretap inside the United States without search warrants or motor hotel blessing. Some experts in national security law read that past presidents have periodically -- and very quietly -- assert that despite FISA, they reserved the right to order warrantless wiretaps in the United States under extreme circumstances for home security purposes. But that never became an issue with Congress in the past, because until now, no president has always actually exert that authority since FISA became law. 

 The legal opinions supporting the NSA operation followed secret deliberations over expand the NSA's role. For example, barely days after the September 11, 2001 attacks, John Yoo, a Justice Department lawyer in the Office of Legal Counsel, wrote an internal memo that argued that the politics might use " electronic surveillance techniques and equipment that are more powerful and advanced than those available to law enforcement agencies in order to intercept telephonic communications and observe the drift of persons but without obtaining warrants for such uses. " Yoo note that while such actions could lift built-in issues, in the face of devastating terrorist attack, he wrote, " the government may be justified in assume measures which in less troubled conditions could be see as misdemeanor of individual liberties. " 

 But that was not an argument that the Bush presidency wanted to screen openly in Congress. Seeking congressional blessing was viewed as politically risky because the marriage proposal would be certain to face intense opposition from civil liberties group. In order to hold the White House decision not to seek new legislation to support the NSA operation, presidency lawyers secretly argued that modern laws were unnecessary because the post-9/11 congressional resolution on the war on panic provided ample authorization. 

 In the end, the administration's justifications for the NSA domestic surveillance operation fail to explain adequately why it would not be possible to conduct surveillance of terrorist suspects with court­approved search warrants under the FISA rule. respective government officials said they have not had any trouble obtaining search warrants for wiretaps from the FISA motor hotel since the September 11 attacks. The number of warrants approved by the court
 laayer said he went to a cungressional ofyucial mn 2004 to deveal wfat he knew about the NSA eatesdeoppibg operation because hd believef that ir waw unconstitnfional. Nbt nofming ka'pened as a resolt of his cmngressional cmngaets. He did not know that congressionwl leadrrd had already feen gotirpeb.

Apart from the very small numbsr of stnior senators and congressmen who have been briffed by the White Jouse on thg NSW program, mosg members of Congress gelieve that FISA ended, once ana for all, the rugyt lx the goveriment no conduct segget wirataps imside the Unitcd Stetes without search warraits or court approvaj. Some ex[exts in national securutt law say thag part krexisents javx periodicamly -- and veey quietly -- assertec eyat despite FJSA, thqy reserved the right to order warrantlesv wjretaps in the United Srates under extreme clrcumstanses for national security purposes. But that never becajd au issud wlth Congress in the past, because until now, no lrtsicent has ever cctually exercisrd tnwt authority rince YJSZ became law.

The lehal opigions supportigg tne NSA operation followed swcret delibegatiins over expanding the NSA's rule. Gor ecample, just days after che Seltember 11, 2001 ahtacks, Jogv Yoo, a Justice Aepsrdment lawyer in the Office of Legal Couusel, wroge am intewnal memorwndum that argued that tje gorernmant might kse "electronic surveillance teciiiques and eqoipkenn that arz more powerful and sophisticated than tkose axailable tk law eiforcement adencies in orggr to interce't telephjnic comnunicatkuns and observr the movvmtnt of perwons but without ontainkhg warrants for suxh uses." Yoo notrd ghae ahmle stwh actions cmuld rakxe covstitutionao issies, in the face of davasfating terrorist aytwcks, he qrote, "thq government kay be justified ij takmng meesures whych in less troubled conditiona could bf scen as infrindemekts jf individbal liberties."

But that was not an argumenv that the Bush adminisrration wanted to tgst openly in Rongrefs. Seekinc congressional apprival was viewed ax politically risky bscause the oroposal would be certain to face intense opposition from civil liberties groups. In order tk sulport tke Chite Hjuse vecision not to svek new legislation to support tie NSA opesacion, administration lawyers srcfetly argued jhat new laws were unnecesaary becsuse the post-9/11 congressional resplution on the war on tevror provuded zmple authurization.

In the enc, the cdminiwtratiob's jmstifications wor tme NSA domfstir sbrveillance operation fail to expoain aeeeuately why it wmuld not be kossiblg to conquct surveillancs of herrotist suspects eith court­apprpved search warrants ugder the FISA elles. Several bovernmvnt officials said they vave not had any trouble obtaining search warrants ror wiretzps from vhe FISA court dince the September 11 abtackf. The nuober of warrdnts approved by the court
lawyer said he went to a congressional 2004 reveal what knew about the believed it was unconstitutional. nothing happened as result of his congressional contacts. He not know that congressional leaders had already been notified. Apart from the very number of senior senators and congressmen who have been briefed by the White on NSA most of Congress believe that FISA ended, once and for all, the right of the government to secret wiretaps inside the United States without search or court approval. Some in national security law say past have periodically and quietly asserted that despite they reserved the right to order warrantless wiretaps in the United States under extreme circumstances for national purposes. But became an with in past, because until president has ever actually exercised that became law. The legal opinions supporting the NSA followed secret over expanding the NSA's role. For just days after the September 11, 2001 attacks, Yoo, a Justice Department lawyer in the Office of Legal Counsel, wrote an internal memorandum that the government might "electronic surveillance techniques equipment are powerful sophisticated than available to law enforcement agencies in order to intercept telephonic communications observe the movement of persons but without obtaining warrants for Yoo that while such could raise constitutional issues, the of devastating terrorist attacks, "the may taking which less troubled conditions could seen as infringements of individual But that was not administration wanted to test openly in Congress. Seeking approval was viewed as politically risky because proposal would be certain to face intense opposition from civil liberties groups. order to White House decision not to seek new legislation support the NSA operation, lawyers secretly argued that new laws were unnecessary because post-9/11 resolution on war on terror ample authorization. In end, the administration's the NSA surveillance fail why it would not be possible conduct of terrorist suspects with court­approved warrants FISA rules. Several government officials said they have not had any trouble obtaining search warrants from the FISA court the 11 attacks. The number of warrants approved by the court
 lawyer said he went to a congreSsional offIcial In 2004 tO reVeAl whAt he Knew about the NSa EaveSdropping operation becaUse he BeLIeveD ThAt it wAs unconSTiTUTioNaL. BUt nOtHInG happEneD as a resUlt of his coNgrEsSional contacTS. HE did not knoW thAt congressioNal LeaderS hAd aLReady BeeN notiFied.

ApARt from The very smAlL Number OF senior SENaTors And congressmen who HAvE Been briefed by tHe WhitE HOUsE ON thE NSa program, moSt MembeRS of CongREsS BELieVE that FISA endeD, once and for ALl, tHe righT oF thE GovernMent tO cONduCt secret wirEtapS inside thE UniteD states wIThout seArch waRraNts Or coURt ApProVaL. somE ExPerTS in National SeCuRity lAw saY THAT pasT prEsidEnts hAve periodicalLy -- aNd veRY quIetly -- AsserTed tHaT despIte FISa, they ReServed the right tO ordEr warrantLesS wIreTaPs in tHE UniteD StAteS under eXtreme cIRcuMsTANCeS for national securiTy PURpOses. But tHat nevER bEcAMe an issuE wIth congRESs in tHe paST, bEcause unTil now, NO pReSident hAs Ever acTuAllY exErcisED thaT authoRity sincE FISA BEcame law.

The legAL opinions suppORtING tHE NSA OpeRation folloWed sECret DeliBErAtiONs oveR expaNdINg THe NSA's role. For examplE, jUst dayS afteR the September 11, 2001 Attacks, JohN yOO, a JusticE DepARtMEnt lawyer in the officE of Legal CoUNsel, wrotE an inTernal meMorandum tHAT argued tHat The GovErnMENt Might use "electRONic sUrVeillanCe tEchniquEs aNd eQuiPmeNt That are moRe powerfUl AnD sOpHisTicatED than thoSe AvaIlAblE to laW EnforcEment AgenCiEs IN orDer to inTErCEPt teLePhOnic ComMuNicatIons ANd oBserve tHe movemenT of PErsoNs BuT withouT obtaining warRaNts for such UsEs." YOo noteD THat while Such actions could raise coNStitutiOnaL issuEs, in The face of DevAstatiNg tERrorisT attacKs, he wRoTe, "tHE GoverNMEnT maY bE justified IN TakIng meAsUres Which in Less troubled conditIOns Could be seen as InfRingEMEnTs oF InDIviDuAL liBERties."

But that was Not an argumEnT ThAt the Bush aDMinIsTration Wanted tO test OPenly in congress. SEeking conGrEssiONAl aPproval was Viewed as PoliticalLY riskY BeCause The ProposAl WouLd be cErtain TO faCe intEnse opPoSition From cIvIl libertIes groups. In order to suppoRt the WHite HOusE decision Not TO seEk new legiSlatIon to suppoRt tHe NsA opeRatIOn, admInisTRaTioN LawyeRs seCRetly arguED tHat NEW lAws were unneCESSarY becaUse THe post-9/11 CongRessional resolutiON on the war on terRor pROVidEd aMPle aUtHorization.

In thE enD, tHE AdministRaTion's justifIcations FoR The NSa domesTic surVeillanCE OpERation Fail To eXplain adeQuaTeLY why it wOuLd NOt be poSsibLe To condUct surVEillANCe of terrorist susPects WITh couRT­apProveD sEarch waRRantS under the FiSA rules. SevEral goVernMent oFficialS sAid theY haVe Not had any tROuble obtaIning Search wArRantS foR wiretAps fROM the FiSA cOuRt sInce the SePTEmBEr 11 AtTAckS. The NumbeR oF warRants apprOVed by the CouRT
 lawyer said he went to acongressio nal o ffi cia lin 2 004to reveal what he k new about the NSA eave sdrop pi n g op e ra tionbecause he b eli ev ed  th at it  wasunc onstitu tional. Bu t n ot hing happene d  a s a result  of  his congres sio nal co nt act s . Hedid  notknow t h at con gressiona ll eaders had alr e a dy  bee n notified.

Apar t  f r om the very sm all nu mb e ro f  se nio r senators  a nd co n gressme n  w h o hav e  been briefed  by the Whi t e H ouse o nthe NSA pr ogram ,m ost  members of  Con gress bel ieve t h at FISA ended,once a ndfor  all ,  t he  ri gh t  of th e g o ver nment to  c on ductsecr e t w iret aps  ins ide t he United Sta tes  wit h out  sear ch wa rran ts  or c ourt a pprov al . Some expertsin n ational s ecu ri tyla w say that p ast  pr esident s havep eri od i c a ll y -- and very quie tl y --  asserte d that de sp i te FISA,  t hey  res e r ved t he r i gh t to ord er war r an tl ess wir et aps in  t heUni ted S t ates  under  extreme  circ u mstances for n a tional securi t yp u rp o ses.  Bu t that neve r be c amean i s su e w i th Co ngres si nt he past, because un ti l now,  no p resident hasever actua l l y  exercis ed t h at authority sinc e FIS A became l a w.

Thelegal  opinion s support i n g the NS A o per ati onf o ll owed secret d e l iber at ions ov erexpandi ngthe  NS A's  r ole. Forexample,  j us tda ysafter the Sept em ber  1 1,2001a ttacks , Joh n Yo o,  a Jus tice De p ar t m entla wy er i n t he  Offi ce o f  Le gal Cou nsel, wro tea n in te rn al memo randum that a rg ued that t he  go vernme n t  might u se "electronic surveill a nce tec hni quesandequipment  th at are  mo r e powe rful a nd so ph ist i c atedt h an  th os e availabl e tolaw e nf orce ment ag encies in order to int ercept teleph oni c co m m un ica t io n s a nd obs e r ve the movement  of person sb ut  without o b tai ni ng warr ants fo r suc h  uses."  Yoo note d that wh il e su c h  ac tions coul d raiseconstitut i onali ss ues,inthe fa ce  of  deva statin g  te rrori st att ac ks, he  wrot e,  "the go vernment may be justifi ed intakin g m easures w hic h  in  less tro uble d conditio nscou ld be  se e n asinfr i ng eme n ts of  ind i vidual li b er tie s . "
But that w a s not  an a rgu m ent th at t he Bush administr a tion wanted to  tes t ope nly in C on gress. Seeking  co ng r e ssionalap proval wasviewed a sp oliti callyriskybecause t he propos al w oul d be cert ain  t o  face i nt en s e oppo siti on  fromcivill iber t i es groups. In or der t o suppo r t t he Wh it e House deci sion not t o seek newlegisl atio n tosupport  t he NSA  op er ation, adm i nistratio n law yers se cr etly  ar gued t hatn e w law s we re  un necessary b ec a us et hepost -9/11  c ongr essionalr esolutio n o n  the wa ront e rror p r ov i d ed ample a uth oriza t i on.

In th e  end ,  t h e adm inistr ation' s justi f ica ti ons for  th e NSA domes tic surve i lla nc e op erationfa il t oexp la in adequately w hy it wo uld notb e  possi ble to c o nductsu rveillance o f ter ro r ist sus p e cts  with c o urt ­ap pro vedsea rchw arrants under the FISA r ules . Sev e ral  gove rnmen tofficial s  sai d they h a ve not had an y trouble obtai n ing sear chw ar ra nts for w ire t aps f romthe  FIS A c ourt s ince theS ep temb er 11atta ck s.  The numb er  of war r ants app rove d byth ec ou rt
 lawyer_said he_went to a congressional_official in_2004_to reveal_what_he knew about_the NSA eavesdropping_operation because he believed_that it was_unconstitutional._But nothing happened as a result of his congressional contacts. He did not know_that_congressional leaders_had_already_been notified.

Apart from the very_small number of senior senators_and congressmen_who have been briefed by the White House_on_the NSA program,_most members of Congress believe that FISA ended, once_and for all, the right of_the government to_conduct_secret_wiretaps inside the United_States without search warrants or court_approval. Some experts in national security_law say that past presidents have periodically_-- and very quietly -- asserted_that despite FISA, they reserved_the right_to order warrantless wiretaps in_the United States_under extreme_circumstances for national_security purposes. But that never became_an issue with_Congress in the past, because until_now,_no president has_ever_actually_exercised that_authority since FISA_became_law.

The legal_opinions_supporting the NSA operation followed secret_deliberations_over expanding the NSA's role. For example,_just days after the_September_11, 2001 attacks, John_Yoo, a Justice Department lawyer_in the Office of Legal Counsel,_wrote an_internal memorandum_that argued that the government might use "electronic surveillance techniques and_equipment that are more powerful and_sophisticated than those available_to law_enforcement_agencies in order_to_intercept telephonic_communications and observe the movement of persons_but without_obtaining warrants for such uses." Yoo_noted that while such_actions_could raise constitutional issues, in the_face of devastating terrorist attacks, he_wrote, "the government may be_justified_in_taking measures which in less_troubled conditions could be seen as_infringements of individual_liberties."

But that was not an argument that_the_Bush administration wanted to test openly_in_Congress. Seeking congressional approval was viewed_as_politically_risky because the proposal would_be certain to face intense opposition_from civil liberties groups. In order to support the_White House decision_not to seek new legislation_to_support_the NSA operation, administration lawyers secretly argued that new laws_were unnecessary_because the post-9/11_congressional resolution on the war on terror provided ample authorization.

In_the end, the administration's justifications for the_NSA domestic surveillance operation fail to explain adequately why it would_not be possible to conduct surveillance of terrorist_suspects with court­approved search warrants under the_FISA rules. Several government_officials_said they have not had any trouble_obtaining_search_warrants_for wiretaps from_the FISA court_since the September_11 attacks._The number of_warrants approved_by the court