On the recordDecember 17, 2007
I would respond to the very distinguished Senator from Connecticut that those kinds of reports have been in the press for some time, and I think generally they are considered to be true. However, a lot of that operated under the old law, which had a 3-day limit, that in the case of a national emergency, the President wouldn't have to first go and get a court order. Instead, he could go on under the emergency conditions and surveil the particular target, if it were an American person but, under the old law, would have to go back to the court within 3 days to get that order or else cease their surveillance. In the new law that was passed on a temporary basis for 6 months, that we passed last August, that 3 days has been extended to 7 days to give more leeway. Certainly, if someone in the Government feels that a person--an American person--should be surveilled in their communications but it was an emergency basis, that they don't have time to go to the court, the law as it stands now and under the new FISA bill we are considering on this floor would say that within 7 days, the executive branch would have to go and get that court order called a warrant or else cease the surveillance. Now, that is very reasonable, and it is a lot of that kind of stuff that is in this bill that is so necessary to have this etched into a permanent law, not a law that is going to sunset in 6 months--next February. That is part of the gravity of the legislation before us.
Source
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