"I don't think this can just be a closed-door secret intelligence investigation," he said.
But the official said the information that the men had probably entered the United States came from an intelligence investigation connected to terrorism.
Under the new guidelines, field offices will no longer have to await approval for intelligence investigations from headquarters.
In a military tribunal, the government would not have to reveal the methods and information from its intelligence investigation.
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
The most horrific aspect, though, is the result of an intelligence investigation from the government...
The search was conducted more like a police dragnet than a traditional intelligence investigation.
Schneier has said that homeland security money should be spent on intelligence, investigation, and emergency response.
Under the current law, such privileges are generally granted only if the information is related to a foreign intelligence investigation.
The discussion seems to have been limited to whether the search should be classified as an intelligence investigation or as a criminal one.