The American Spectator

br> Dear Mr. Hertzberg: You are entirely wrong, but I can see how you could be confused. The law provides that the USAG can act on more than just that, and — under FISA, not any reg — the AG can authorize intel gathering on anyone here or abroad if the communications are international. It’s just as the president said this morning: communications between someone in the U.S. and someone abroad are the subject of the NSA program, and that’s entirely legal. And if you need more convincing, just read the law yourself. It’s easy to find. 50 USC Sections 1801 et seq. Best, Jed. /p>

When the President says he has authorized covert signals intercepts involving “U.S. Persons” (apparently a term of art) “more than 30 times” since 9/11, one can only hope that it was a lot more than 30 times. Somewhere around 30 gazillion times sounds better.

There must be some good reason the Almighty has made us suffer the ubiquity of these diabolical inventions called cell phones and e-mail.

p>So, what exactly is a “U.S. Person,” anyway? br> — Paul Kotik br> Plantation, Florida /p> p> Jed Babbin replies: br> Dear Paul: An excellent question. A “U.S. person” under the Foreign Intelligence Surveillance Act is: (a) a U.S. citizen; or (b) an alien who has been granted permanent residence status. So, as I read it, anyone who is an illegal alien, on a student or work visa or otherwise here on a temporary status can be subjected to intelligence surveillance without court order of any sort. /p>

The president’s program at NSA is, as far as I can see (which is without having seen his classified executive order) is entirely legal. And if those in Congress want to whine about it, let them. The Congress, and the Senate especially given the filibuster of the PATRIOT Act extension, the McCain “al-Qaeda bill of rights” and so many other things, are acting irresponsibly with respect to the war we’re in. And in 2006, we’ll do our best to defeat as many of them as we can.