Monday, January 15, 2007

Deletions in Army Manual Raise Wiretapping Concerns

“Deep into an updated Army manual,” reports The New York Times, “the deletion of 10 words has left some national security experts wondering whether government lawyers are again asserting the executive branch’s right to wiretap Americans without a court warrant.” The original guidelines from 1984 said the Army could seek to wiretap people inside the United States on an emergency basis by going to the secret court set up by the Foreign Intelligence Surveillance Act or by obtaining certification from the attorney general “issued under the authority of section 102(a) of the Act.” But according to the report, “That last phrase is missing from the latest manual, which says simply that the Army can seek emergency wiretapping authority pursuant to an order issued by the FISA court ‘or upon attorney general authorization.’”