Congressman: NSA Can Listen to Phone Calls Without Warrants

Not confirmed elsewhere, but making a big ripple tonight is report from longtime New York Rep. Jerry Nadler that in a close door meeting this week he learned that the NSA indeed can listen in on phone calls and read emails without a warrant, at the whim of individual analysts.

The National Security Agency has acknowledged in a new classified briefing that it does not need court authorization to listen to domestic phone calls.

Rep. Jerrold Nadler, a New York Democrat, disclosed this week that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed "simply based on an analyst deciding that."

If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he learned. "I was rather startled," said Nadler, an attorney and congressman who serves on the House Judiciary committee.

Not only does this disclosure shed more light on how the NSA's formidable eavesdropping apparatus works domestically it also suggests the Justice Department has secretly interpreted federal surveillance law to permit thousands of low-ranking analysts to eavesdrop on phone calls.

Analysis and video here.  Some caution:  a little confusing over what the exchange really was about and Nadler has not explained fully today.  Skepticism here. And new Bart Gellman piece tonight on PRISM etc.