Comment by jfoutz
13 years ago
That is a good argument. However, the NSA isn't breaking the law until the supreme court strikes down the FISA amendments, right?
I don't understand exactly what happens when a law is found unconstitutional. I can't imagine an analyst at the NSA would be retroactively charged with a crime, would they?
I'm not a lawyer, but I don't think that's correct. I believe they have to abide by the FISC ruling until a higher court rules in their favor. Obviously they don't want to take it to a higher court because then the public would find out. There's a reason why they are trying to keep the documents of the ruling a secret. Any lawyers here feel free to chime in.