Unwarranted Flak

IBD via Yahoo ^ | December 22

[ncountylee]

Intelligence: A presidential executive order reads: "The attorney general is authorized to approve electronic surveillance to acquire foreign intelligence without a court order." So wrote Jimmy Carter. That's right: Warrantless surveillance is neither unprecedented nor illegal. Carter, a president not known for his vigilance in the war on terror, signed Executive Order 12139 on May 23, 1979. Even he recognized that in his role of commander in chief he had extraordinary responsibilities that might require extraordinary tools.

The civil liberties police were largely silent when Carter authorized essentially what President Bush has authorized, which is a far cry from Attorney General Robert Kennedy's decision to wiretap the phone of Martin Luther King.

During the Clinton administration, Deputy Attorney General Jamie Gorelick told the Senate Intelligence Committee on July 14, 1994: "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

The home of CIA turncoat Aldrich Ames was searched without a warrant. Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power." So when The New York Times claims the Bush administration has instituted "a major shift in American-intelligence gathering practices," it is dead wrong.

In 2002, an opinion issued by the Federal Intelligence Surveillance Court declared that the Foreign Intelligence Surveillance Act upheld the president's warrantless search powers. According to the ruling: "The president did have inherent authority to conduct warrantless searches to obtain foreign intelligence information," and added: "We take for granted that the president does have that authority and, assuming that is so, FISA could not encroach on the president's constitutional power."

[Mr_Moonlight]

So THERE !

[xcamel]

When is the MSM going to learn that even the slightest lie or omission or convenient misstatement of fact is going to get churned and turned back on the libby dimwits like walnuts in a Cuisinart..

"We have jammies and a keyboard...they need asbestos suits..."

[ProudFossil]

The use of warrant-less wiretaps, etc., began with FDR in the late 30's when he wanted to monitor Axis involvement in the political environment in the US. At that time wiretaps were strictly illegal for any purpose. He issued an executive order authorizing the justice department to allow J. Edgar Hoover to monitor transmissions involving known Nazi sympathizers. So Carter was not the first president to do so. Every president since FDR has used the same power.

[Cicero]

Drip, drip, drip. IBD is a conservative source, but I think this is getting out. The noise level appears to be dying. Another lying MSM attack appears to have failed.

Each time they do this, they lose a little more credibility, a few subscribers, a little more circulation.

Their stock was down 2.3% today, and has been dropping steadily for the past year and more. Pinch Sulzberger will go down in history as the man who killed the Old Gray Lady.

http://quotes.nasdaq.com/quote.dll?page=charting&mode=basics&selected=NYT&symbol=NYT%60&timeframe=1y&charttype=line

[ndt]

"The attorney general is authorized to approve electronic surveillance to acquire foreign intelligence without a court order."

There is a period where there should be a comma, I hate that. The actual citation is:

" 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."

The second part that was left out "but only if the Attorney General makes the certifications required by that Section" refers to this:

"(A) the electronic surveillance is solely directed at—

(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or

(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;"

[Peach]

The left thinks we all have amnesia.

[AlphaOneAlpha]

Isn't it interesting that the clueless and spineless Jimmy Carter had the signed off on the same warrentless authorities as those that the left made such a fuss about re Bush. And, it's teh same authority that the Clinton White House proclaimed Bubba had and then operated under. I suppose that is why we haven't hear anything from either of them on this subject.

[ndt]

"Isn't it interesting that the clueless and spineless Jimmy Carter had the signed off on the same warrentless authorities.."

Actually in this specific instance, I believe it is a bad citation.

EO 12139 is targeted specifically at "communications used exclusively between or among foreign powers". That would not apply if one party was a citizen.

[petercooper]

IBD is a great paper.

[Mr_Moonlight]

as those that the left made such a fuss about re Bush

Thats because the left either are, or think we all are, a bunch of moths with a 24 hour lifespan ... what happened yesterday isn't known because yesterday didn't happen in their lifespan. Kinda illustrates the hippie philosophy of "Live For Today" /sarc off

[Cicero]

One of the few.

[Christian4Bush]

bttt

[Windcatcher]

The Internet has given us an infallible memory, unlimited means to correct their propaganda, and the voice to make ourselves heard. Their monopoly is gone, and their attacks on blogs should come as no surprise.