WSJ falsely claimed that FISA court approved "warrantless wiretapping program" exposed in 2005

Summary: A Wall Street Journal editorial claimed that, in a recently released decision, the Foreign Intelligence Surveillance Court of Review affirmed the legality of the Bush administration's "warrantless wiretapping program" that "was exposed in 2005." In fact, the decision applies only to surveillance conducted pursuant to a 2007 congressional statute and does not say anything about the legality of the warrantless wiretapping program exposed in 2005.

A January 16 Wall Street Journal editorial falsely claimed that, in a recently released decision, the Foreign Intelligence Surveillance Court of Review affirmed the legality of the Bush administration's "warrantless wiretapping program" that "was exposed in 2005." The editorial stated: "Ever since the Bush Administration's warrantless wiretapping program was exposed in 2005, critics have denounced it as illegal and unconstitutional. Those allegations rested solely on the fact that the Administration did not first get permission from the special court created by the 1978 Foreign Intelligence Surveillance Act [FISA]. Well, as it happens, the same FISA court would beg to differ." In fact, the decision applies only to surveillance conducted pursuant to a 2007 congressional statute, the Protect America Act (PAA), and does not say anything about the legality of the warrantless wiretapping program exposed in 2005.