FAS

Justice Dept Issues White Paper on NSA Surveillance

01.20.06 | 1 min read | Text by Steven Aftergood

The Department of Justice renewed its legal defense of warrantless domestic intelligence surveillance by the National Security Agency in a 42 page white paper transmitted to Congress yesterday.

The white paper essentially reiterates at greater length the previous defenses articulated by the Bush Administration: (1) the surveillance action was authorized by Congress when it passed the 2001 resolution on use of military force against al Qaeda; and (2) the President has inherent authority to conduct such surveillance in any case. Both assertions are widely disputed.

“The President — in light of the broad authority to use military force in response to the attacks of September 11th and to prevent further catastrophic attack expressly conferred on the President by the Constitution and confirmed and supplemented by Congress in the AUMF [authorization for use of military force] — has legal authority to authorize the NSA to conduct the signals intelligence activities he has described. Those activities are authorized by the Constitution and by statute, and they violate neither FISA nor the Fourth Amendment,” the document concludes.

See “Legal Authorities Supporting the Activities of the National Security Agency Described by the President,” Department of Justice White Paper, January 19, 2006.

publications
See all publications
Clean Energy
Blog
Energy Dominance (Already) Starts at the DOE

DOE is already very well set up to pursue an energy dominance agenda for America. There’s simply no need to waste time conducting a large-scale agency reorganization.

02.05.25 | 7 min read
read more
Government Capacity
Press release
Federation of American Scientists and Environmental Policy Innovation Center Unveil Permitting Tech and Talent Policy Recommendations to Support Deployment of Crucial Energy, Environmental, and Infrastructure Projects

FAS today released permitting policy recommendations to improve talent and technology in the federal permitting process. These recommendations will address the sometimes years-long bottlenecks that prevent implementation of crucial projects, from energy to transportation.

02.05.25 | 4 min read
read more
Government Capacity
Report
Solutions for an Efficient and Effective Federal Permitting Workforce

The United States faces urgent challenges related to aging infrastructure, vulnerable energy systems, and economic competitiveness. But the permitting workforce is unprepared to implement changes. Here’s how they can improve.

02.04.25 | 14 min read
read more
Environment
Press release
Position on S.325 – establishing the National Integrated Heat Health Information System

S.325 would establish a clear, sustained federal governance structure for extreme heat by bringing all responsible agencies together to coordinate planning, preparedness, and response, a key recommendation of FAS’ 2025 Heat Policy Agenda.

02.04.25 | 1 min read
read more