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The one she refers to here:
FEINSTEIN: ... because, in fact, the law was changed directly after the Aldrich Ames case.
I called -- because I heard you say this before -- so I called Jamie Gorelick and I asked her to put this in writing. She has done so and I have it before me now.
And she points out in this letter that her '94 testimony arose in context of congressional consideration of an extension of FISA to cover physical searches.
And at the time, FISA covered only electronic surveillance such as wiretaps.
In 1993, the attorney general had authorized foreign intelligence physical searches in the investigation of Aldrich Ames, whose counsel thereafter raised legal challenges to those searches.
FEINSTEIN: Point: There was no law at that time.
And then she goes on to say that the Clinton administration believed, quote, "It would be better if there were congressional authorization and judicial oversight of such searches. My testimony did not address inherent presidential authority to conduct electronic surveillance which was already covered by FISA."
I would ask that this letter and her testimony be entered into the record.
HATCH: Without question, it will be entered into the record.
FEINSTEIN: Thank you.
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