Mukasey said in October that the Constitution does not preclude the president from wiretapping terrorism suspects without a warrant [JURIST report]. He went on to say, however, that surveillance of those within the United States required a more complex analysis of privacy interests, as recognized by the Foreign Intelligence Surveillance Act [text] and Protect America Act [text], but that ultimately, executive authority with regard to foreign surveillance was subject to "regulation" rather than "preemption" by the legislature. AP has more.
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