I figured it out. You don't need a warrant to spy overseas. If you make a phone call from US to overseas, it is an international call, so therefore you can spy on it without a warrant. Scott argues that to call this "domestic spying" requires that both parties be in the United States. Notice his change from "Domestic spying" to "Domestic calling". From
the Press Briefing:
Q Back to the NSA. The White House last night put out paper backing up its claims that this was a terrorist surveillance program, saying the charges of domestic spying -- you defined what "domestic" meant. Isn't one end of that phone call on domestic soil? Why is the charge of it being domestic spying so far off?
MR. McCLELLAN: For the same reasons that a phone call from someone inside the United States to someone outside the United States is not a domestic call....
Q Right. But one of the people being eavesdropped on is on domestic soil.
MR. McCLELLAN: I think it leaves an inaccurate impression with the American people to say that this is domestic spying.
Q Why is that inaccurate?
MR. McCLELLAN: [blah]
Q Right, but --
MR. McCLELLAN: This is international communications that are being monitored --
Q But whatever -- it's David's point, too -- I mean, whatever you call it in your trying to call it -- someone domestically --
MR. McCLELLAN: It's what it is.
Q -- is being spied on. Someone's communications --
MR. McCLELLAN: It is what it is.
Q -- on domestic soil are being tracked.
MR. McCLELLAN: [blah]
Q An al Qaeda person inside the United States --
MR. McCLELLAN: [blah]
Q But the person inside the United States, there has to be a reasonable basis that they are connected --
MR. McCLELLAN: Look, if some want to try to defend it and say that it is domestic spying, they're leaving the American people with an inaccurate impression, just like they would be if they called an international call a domestic call.
Q But, Scott, you're arguing that --
MR. McCLELLAN: No, you're arguing.
Q -- somebody on domestic soil is not being spied on?
MR. McCLELLAN: No, I didn't say --
Q That's part of it.
MR. McCLELLAN: No, I didn't say that at all....
Q That raises a whole -- an issue, because it involves people on domestic soil.
MR. McCLELLAN: That's not what it is.
Q That's not why it's become an issue?
MR. McCLELLAN: [blah]
Q Scott, is there any review outside the executive branch?
MR. McCLELLAN: -- by legal authorities and others.
I need to go because we've got to leave here soon. I want to get to others --....
Q That's totally off point. You're challenging the notion of domestic spying, when the truth of the matter is that heretofore the person domestically that was being surveilled was never identified, was never tracked in any real fashion. That changed when the President --
MR. McCLELLAN: Let me ask you this. Is an international communication overseas by an al Qaeda member coming into the United States, that is monitored overseas, is that a domestic communication?
Q Well, first of all, I ask the questions, I don't answer them. Number two --
MR. McCLELLAN: I'm sure you don't want to answer that question.
Q No, because I'm not in the business of setting the rules on this.
MR. McCLELLAN: That's a very simple question. I can put it right back to you.
Q I'm a reporter, I'm not responsible for authorizing these things. You speak for the President --
MR. McCLELLAN: Okay, okay.
Q -- so that's why I ask the questions.
MR. McCLELLAN: Okay, you don't want to answer that question. Got it. (Laughter.)
Q Isn't it a fundamental shift in the program that adds a domestic component to it? Why are you --
MR. McCLELLAN: It's international communications. And I gave you a very clear example of international phone calls. We're talking about international communications. So I think I answered that question.
Go ahead, Peter.
I honestly don't know how Scott sleeps at night. Poor guy.
