Questioning General Lew Allen by Frederick August Otto Schwarz Jr. Lyrics
The Chairman
Now, Mr. Schwarz will commence the questions.
Mr. Schwarz
Mr. Chairman, I would like to ask just two questions which lay a factual basis for the questioning of the Attorney General, and I hope that is not out-of-line in light of your comment. They are not designed to have him discuss law, but to lay a factual basis for dialogue next week.
The Chairman
Very well. We will listen to your questions and then pass on them.
Mr. Schwarz
Very well. General Allen, were any warrents obtained for any of the interceptions involving U.S. citizens which you have recounted in your statement?
General Allen
No.
Mr. Schwarz
And the second question: you have stated that NSA does not, in fact, intercept communications which are wholly domestic. That is, communications between two domestic terminals, and that its interceptions are limited to wholly foreign, or second terminals, one of which is in the United States and one of which is outside. With respect to wholly domestic communications, is there any statute that prohibits your interception thereof, or is it merely a matter of your internal executive branch directives?
General Allen
My understanding, Mr. Schwarz, is that -- atleast the NSC intelligence directives defines our activities as foreign communications, and we have adopted a definition for foreign communications consistent with the Communications Act of 1934. And therefore, I think that is the --
Mr Schwarz:
But you believe you are consistent with statutes, but there is not any statute that prohibits your interception of domestic communication?
General Allen
I believe that is correct.
Mr. Schwarz
I have nothing further, Mr. Chairman.
The Chairman
Just so I may understand your last answer, General, so that the definition of foreign intelligence is essentially one that has been given you by an executive directive from the NSC, and is not based upon a statutory definition.
General Allen
Yes, sir.
The Chairman
Very well. We are going to change our procedures today to give the Senators at the end of the table who are usually last to ask questions, and sometimes have to wait a good length of time, instead of moving the chairman outward. This I must say, has the consent of our vice chairman, Senator Tower -- so we will move to the ends of the table first, and that means our first Senator to question is Senator Hart.
Now, Mr. Schwarz will commence the questions.
Mr. Schwarz
Mr. Chairman, I would like to ask just two questions which lay a factual basis for the questioning of the Attorney General, and I hope that is not out-of-line in light of your comment. They are not designed to have him discuss law, but to lay a factual basis for dialogue next week.
The Chairman
Very well. We will listen to your questions and then pass on them.
Mr. Schwarz
Very well. General Allen, were any warrents obtained for any of the interceptions involving U.S. citizens which you have recounted in your statement?
General Allen
No.
Mr. Schwarz
And the second question: you have stated that NSA does not, in fact, intercept communications which are wholly domestic. That is, communications between two domestic terminals, and that its interceptions are limited to wholly foreign, or second terminals, one of which is in the United States and one of which is outside. With respect to wholly domestic communications, is there any statute that prohibits your interception thereof, or is it merely a matter of your internal executive branch directives?
General Allen
My understanding, Mr. Schwarz, is that -- atleast the NSC intelligence directives defines our activities as foreign communications, and we have adopted a definition for foreign communications consistent with the Communications Act of 1934. And therefore, I think that is the --
Mr Schwarz:
But you believe you are consistent with statutes, but there is not any statute that prohibits your interception of domestic communication?
General Allen
I believe that is correct.
Mr. Schwarz
I have nothing further, Mr. Chairman.
The Chairman
Just so I may understand your last answer, General, so that the definition of foreign intelligence is essentially one that has been given you by an executive directive from the NSC, and is not based upon a statutory definition.
General Allen
Yes, sir.
The Chairman
Very well. We are going to change our procedures today to give the Senators at the end of the table who are usually last to ask questions, and sometimes have to wait a good length of time, instead of moving the chairman outward. This I must say, has the consent of our vice chairman, Senator Tower -- so we will move to the ends of the table first, and that means our first Senator to question is Senator Hart.