The New York Times
January 15, 2009
WASHINGTON — A federal intelligence court, in a rare public opinion, is expected to issue a major ruling validating the power of the president and Congress to wiretap international phone calls and intercept e-mail messages without a court order, even when Americans’ private communications may be involved.
The court decision is expected to be disclosed as early as Thursday in an unclassified, redacted form. It was made in December by the Foreign Intelligence Surveillance Court of Review, which has issued only two prior rulings in its 30-year history.
The decision marks the first time since the disclosure of the National Security Agency’s warrantless eavesdropping program three years ago that an appellate court has addressed the constitutionality of the federal government’s wiretapping powers. In validating the government’s wide authority to collect foreign intelligence, it may offer legal credence to the Bush administration’s repeated assertions that the president has constitutional authority to act without specific court approval in ordering national security eavesdropping.