Justice Department Defends Domestic Surveillance

2006

Amid much debate over the legality of the National Security Agency’s domestic surveillance program, the Justice Department releases an extensive legal analysis supporting President George W. Bush’s power to authorize the program. The analysis cites the Constitution, the Federalist Papers, the writings of previous Democratic and Republican presidents, and various scholarly papers and court cases. According to the analysis, the NSA program, which allows the president to order wiretaps on international calls and e-mails without a warrant, violates neither the 1978 law overseeing intelligence wiretaps nor the Fourth Amendment’s protection of unreasonable searches.