:11 The Attorney General Washington, January it, acct The Honorable Patrick Leahy Chair-rnan Committee on me Judiciary United States Senate Washington, DE. 205 I The Honorable Arlen Specter Rankin lvlinorit Member Committee of the Judiciary United States Senate Washington, DC. 205 ll} Dear Chainnan Leahy and Senator Specter: I am writing to infotrn you that on January ltl, a Judge of the Foreign Intelligence Smveillance Court issued orders authorizing the Government to target for collection international communications into or out of the United States where there is probable cause to believe that one of the conrntunicants is a member or agent of al Qaeda or an associated terrorist organization. As a result of these orders, any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court. in the spring of before the first press accottnt disclosing the existence of the Terrorist Surveillance Program--the Administration began exploring options for seeking such FISA Court approval. Any court authorisation had to ensure that the intelligence Community would have the speed and agility necessary to protect the Nation from al Qacda--the very speed and agility that was offered by the Terrorist Surveillance Program. These orders are innovative, they are complex, and it took considerable time and work for the to develop the approach that was proposed to the Court and for the Judge on the PTSC to consider and approve these orders. The President is to using all lawful tools to protect our Nation from the terrorist threat, including melting maximum use of the authorities provided by PISA and taking full advantage of developments in the law. Although, as we have previously explained, the Terrorist Surveillance Progam fully complies with the law, the orders the has obtained will allow the necessary speed and agility while providing substantial advantages, Accordingly, under these circumstances, the President has Letter te Chairman Leahy and Senater Specter January Elli}? Page 2 determined net te reautherize the Terrerist Surveillance Pregrain when the current antheriaatien ettpires. The Intelligence Cemmittees have been briefed en the highly classified details ef these erders. In additien, have directed Steve Bradbury, Acting Assistant Attorney General fer the Clftice ef Legal Cennsel, and Ken Wainstein, Assistant Atterney General fer Natienal Security, te preyide a classified hriefing tje yen en the details ef these erders. Sincerely, Alherle R. Getizales Attetney General en: The [-Eenerahle Iehn D. Reelcefeller, The Henerable Chi-istepher Bend The Henerahle Sylvester Reyes The I-ienerahle Peter The Henerable Jehn Cettyers, Jr. The Henerahle Lamar S. Smith