Subscribe
Fact Check: Clinton/Carter Executive Orders Did Not Authorize Warrantless Searches of Americans
The top of the Drudge Report claims “CLINTON EXECUTIVE ORDER: SECRET SEARCH ON AMERICANS WITHOUT COURT ORDER…” It’s not true. Here’s the breakdown –
What Drudge says:Clinton, February 9, 1995: “The Attorney General is authorized to approve physical searches, without a court order”What Clinton actually signed:
Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.That section requires the Attorney General to certify is the search will not involve “the premises, information, material, or property of a United States person.” That means U.S. citizens or anyone inside of the United States.
The entire controversy about Bush’s program is that, for the first time ever, allows warrantless surveillance of U.S. citizens and other people inside of the United States. Clinton’s 1995 executive order did not authorize that.
Drudge pulls the same trick with Carter.
What Drudge says:Jimmy Carter Signed Executive Order on May 23, 1979: “Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order.”What Carter’s executive order actually says:
1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.What the Attorney General has to certify under that section is that the surveillance will not contain “the contents of any communication to which a United States person is a party.” So again, no U.S. persons are involved.
The dire consequences of the US invasion of Iraq go beyond a failed occupation and attendant war crimes. By making excuses for torture in public hearings, the US Senate has besmirched itself . . . President Bush lied America into war and continues to lie to keep us there.
My heart this week is with Cindy Sheehan, maintaining her vigil outside Bush's Texas ranch during his five-week (!) vacation. Mrs. Sheehan protests the fact that a draft-dodging and, ultimately, military-deserting president sent her son to die in the hellhole that Iraq has become. She cuts directly to the bone by pointing out that Bush lied at every turnYour ignorance of the political spectrum is resulting in you praising a pretty typical psychotic fundy idiot for mythical conversion and commonplace opinion among certain segments of the right. For instance see Iraq Hawk David Frum's use of the far right's anti-Bushism and war opposition to stigmatize any moderate antiwar conservatives at the beginning of the campaign. Ironically your gushing over Vox Day, is predicated on the same ignorance Frum was banking on, and sadly probably has the same effect - scaring moderates who don't want to be mindlessly lumped with idiots like VD.
(i) the physical search is solely directed at premises,Point being, the searches are not authorized for US citizens.
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power or
powers (as defined in section 1801(a)(1), (2), or (3) of this
title);
(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a United States person ...
« Older Almost exactly 40 years ago, on New Year's Day 196... | A rabbi, some snails, the colo... Newer »
This thread has been archived and is closed to new comments
posted by digaman at 10:27 PM on December 20, 2005