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Originally posted by Mmmm, Burger (C.J.)
Not really, except I'm not sure you're completely right on #2--Ithink they can tap it, but not record/transcribe the U.S. caller's part of the conversation. And on 3, the argument is that there is a national security exception that makes the taps reasonable in a post-9/11 world. Not saying they're right, just that the argument may be more nuanced than there's no exception to the bill of rights--obviously there are limits when there is a clear and present danger, or an imminent threat, and so forth.
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At the risk of failing to STP, there are two distinct legal issues here: one is whether the program violated the Fourth Amendment rights of people whose calls were intercepted, and the other is whether the people running the program violated FISA, etc.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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