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Yoo: FISA Limits, Presidential Authority.pdf

71-2._Exhibit_B_4.20.16.pdf
Preview of Yoo: FISA Limits, Presidential Authority
🔗 Source: aclu.org
📊 Size: 184 KB
📄 Pages: 8 pages
⬇️ Downloads: 23

Summary

FISA only provides a safe harbor for electronic surveillance and cannot restrict the President's ability to engage in warrantless searches that protect national security. FISA purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence, but such a reading would be an unconstitutional infringement on the President's Article II authorities. Therefore, unless Congress made a clear statement in FISA to restrict presidential authority to conduct warrantless searches in the national security area, the statute must be construed to avoid such a reading.

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Description

FISA provides a safe harbor for electronic surveillance but cannot restrict the President's ability to conduct warrantless searches for national security. FISA is not the exclusive means for electronic surveillance, and such a reading would infringe on the President's Article II authorities.

Technical Information

  • File Format: PDF
  • File Size: 184 KB
  • Pages: 8
  • Language: EN
  • Total Downloads: 23
  • Last Updated: 1 week ago

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