Did President Bush Violate the Law?

The Bush Administration has come under fire for clandestinely monitoring certain electronic communications without a warrant. Under 18 U.S.C. 2511, clandestine interception of domestic electronic communications by federal agencies without a warrant is prohibited. Section (f) of that chapter, however, reads as follows:

(f) Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.

By my reading of that language, it appears that this statute, at least, does not prohibit clandestine extrajudicial interception of international communications relating to foreign intelligence information. Accordingly, if the Bush administration's clandestine interception of communications has been limited to international communications relating to foreign intelligence information, this statute would appear not to prohibit such interceptions. At this point, it's too early to tell whether the interceptions have been so limited.