Iraqi Insurgent FISA timeline: Probable Cause and the AG

ABC News’ Jason Ryan Reports: The Acting Deputy Director of National Intelligence has sent a letter to the House Intelligence Committee revealing details on the gap in obtaining a FISA after 3 US soldiers were captured in Iraq on May 12.

The incident where the military was required to get a FISA warrant is a real world example in the FISA reform legislation being examined by Congress. The FISA legislation passed by Congress in August, the Protect Act, provided a fix to the government’s ability to intercept foreign to foreign communications.

The letter from the acting Deputy Ron Burgess notes, "On May 14, 2007 as soon as the specific leads had been identified analysts began to compile all the necessary information to establish a factual basis for the issuance of a FISA court order as required by the emergency authorization provision of the statute."

"This case presented novel and complicated issues…This was the focus of the internal Executive Branch deliberations between 12:53pm and 5:15pm and the reason behind the decision to contact the Attorney General for emergency authority rather than the Solicitor General." Burgess wrote.

The letter to Intelligence Committee Chairman Rep. Silvestre Reyes also notes, "The Director used this example to illustrate the point that, due to changes in technology, the FISA statute extends privacy protections to foreign terrorists located outside of the United States merely because FISA makes a geographic distinction based on the location of the collection."

According to one intelligence official, US officials were attempting to intercept and review email and Internet communications of the insurgents. A career Justice Department official said tonight that the Attorney General needed to get to a secure phone and secure location before he could be briefed on the situation. A copy of the letter has been sent to the DC Assignment desk.

The key times attached to the letter:

May 12, 2007: :Three US solider were reported missing and believed to have been captured by Iraqi insurgents…SIGINT [signal intelligence] assets responded by dedicating all available resources to obtaining intelligence concerning the attack."

13& 14th: Intelligence community began to develop leads.

May 15: 10:00am "key US agencies met to discuss options for colleting additional intelligence."

10:52am: "NSA notified..DOJ of its desire to collect communications that require a FISA order…it was determined some FISA coverage already existed."

12:53pm to 5:15pm :"Administration lawyers and intelligence officials discussed various legal and operational issues associated with the surveillance."

5:15pm: DOJ’s FISA Office the Office of Intelligence Policy and Review (OIPR) received a call formally requesting emergency authority to conduct surveillance."

5:30pm: "The OIPR attorney on duty attempted to reach the Solicitor General who was the Acting Attorney General while Attorney General Gonzales was addressing a United States Attorney’s Conference in Texas. However the Solicitor General had left for the day and the decision was made to attempt to reach Attorney General in Texas."

OIPR contacted DOJ command center and requested to locate the Attorney General. "After Several telephone calls with the staff accompanying the Attorney General, the OIPR lawyers were able to speak directly with the Attorney General and brief him on the fact of the emergency request."

" At 7:18pm, the Attorney General authorized the requested surveillance, the Justice Department attorney’s immediately notified the FBI."

"At 7:28pm, the FBI notified the key intelligence agencies and personnel of the approval."

"At 7:38pm, surveillance began."