The unredacted sections of the Goldsmith Memo do not rely on In re Sealed Case to claim warrantless wiretapping qualifies as a special need, whereas the White Paper does.

As I have noted before, there are a number of paragraphs in the May 6, 2004 Goldsmith memo authorizing warrantless wiretapping that appear to be badly overclassified. Not only were many of the same paragraphs printed, almost verbatim, in unclassified fashion, in the White Paper released in January 2006. But many of those paragraphs contain nothing more than discussions of published statute.