We’ve been getting emails from liberals demanding to know why we haven’t written about the 72-hour provision of FISA, which, they say, definitively proves that there couldn’t possibly have been any need to go outside the FISA structure for purposes of speed. Actually, there are quite a number of FISA provisions that we haven’t written about, but, since the left seems to be putting so much emphasis on this one, here goes: why the 72-hour clause doesn’t eliminate the problem of FISA delay.
First of all, here is the provision in question, 50 U.S.C. Sec. 1805(f):
(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that