McConnell/Mukasey: Eavesdropping outside of FISA is "illegal"

Well, knock me down with a feather. When it was pointed out that the US Government is free to commence surveillance without a warrant when there is no time to obtain one, DNI Mike McConnell and Attorney General Michael Mukasey wrote back stating:

[You imply that the emergency authorization process under FISA is an adequate substitute for the legislative authorities that have elapsed. This assertion reflects a basic misunderstanding about FISA's emergency authorization provisions. Specifically, you assert that the National Security Agency (NSA) or Federal Bureau of Investigation (FBI) "may begin surveillance immediately" in an emergency situation. FISA requires far more, and it would be illegal to proceed as you suggest].

It's illegal to wiretap without FISA authority after all. Haven't they spent the last seven years arguing precisely the opposite of that?

Hat tip to Glenn Greenwald.

Tags: Mukasey, McConnell, wiretapping, FISA, telecom immunity