Reported legal loophole could throw wrench in NSA reform

A legal loophole could allow the Obama administration to continue one of its most controversial programs, even after the legal authority expires in June, according to The New York Times.

The existence of the provision adds a wrinkle to lawmakers’ efforts to reform the National Security Agency; they were largely assumed to be under a June deadline to ensure that the program does not expire.

{mosads}While the White House is reportedly not considering the step yet, the existence of the measure could give some legislators pause next year, if they are less fearful that the critical program could be gone for good.

Under common understandings of the law, the legal basis for the NSA to collect bulk records about Americans’ phone calls expires June 1, 2015.

But the former top staff lawyer on the Senate Intelligence Committee told the Times that a provision allowing ongoing investigations to continue could keep the current records program operational far into the future.

“It was always understood that no investigation should be different the day after the sunset than it was the day before,” Michael Davidson told the newspaper.

The legal reasoning seems like something of a stretch, and the Obama administration would surely draw intense criticism if it decided to extend the program, even as the underlying law expires.

Still, the existence of some type of escape hatch could be comforting to supporters of the program who might be worried that Congress will fail to pass some reauthorization or reform bill in the first few months of 2015.