[ovrtaxt]

The controlling legal authority on the distribution of information between the Pentagon and the FBI is not Jamie Gorelick’s memorandum or any of a set of memoranda written during the Clinton years and often confused with the Gorelick memorandum but President Ronald Reagan’s Executive Order 12333.  

First I have heard of this Executive Order. Now, this article is from August, and much more info has surfaced since then about the actual legal resoning behind the communications, or lack thereof, between Able Danger and the FBI. The author seems to think that Gorelick's memo couldn't have had an effect on Able Danger. I can't recall which specific law was cited in the Senate hearing, but it wasn't the Gorelick memo specifically. Whatever it was, how could it have existed alongside this executive order?

[ovrtaxt]

From Northeast Intelligence Network:link at
http://www.homelandsecurityus.com/abledanger.asp

In his research and evaluation of this matter, Sean Osborne has affirmed the long-term legal standing of Executive Order 12333 and how it heretofore has been completely ignored. The oversight functions of the Congress have also been virtually non-existent, at least to date.

Was there a coup d'etat of the Republic by some unelected judiciary or an invisible government at some point in the past 20 years? None that would be apparent to the public, which is the reason for the firm attachment to this issue as THE core issue regarding Project Able Danger and the unprecedented intelligence failure which resulted in the events of 9/11/2001. This failure clearly occurred during the mid-to-late 1990’s, and by virtue of continuing to ignore those failures, continues even today.

Here are the facts: President Ronald Reagan issued Executive Order 12333 entitled "United States Intelligence Activities" on 4 December 1981.

Here is the historical data concerning this specific Executive Order:

SOURCE: http://www.archives.gov/federal-register/executive-orders/1981-reagan.html

Executive Order 12333
United States Intelligence Activities

# Signed: December 4, 1981
# Federal Register page and date: 46 FR 59941; December 8, 1981
# Amends: EO 12139, May 23, 1979
# Amended by: EO 13284, January 23, 2003; EO 13355, August 27, 2004
# Revokes: EO 12036, January 24, 1978
# See: EO 12564, September 15, 1986; Pub. L. 102-396 (106 Stat. 1910); EO 12829, January 6, 1993; EO 13231, October 16, 2001; EO 13283, January 21, 2003; EO 13354, August 27, 2004; EO 13356, August 27, 2004

E.O. 13284 Amended EO 12333 on 23 January 2003 with the establishment of the Department of Homeland Security and its insertion into United States Intelligence Activities, per Section 18. This EO did nothing to otherwise alter the legal effect to EO 12333.

E.O. 13355 Amended E.O. 12333 on 27 August 2004 which Strengthened Management of the Intelligence Community per its Section 2 and applied directly to E.O. 12333. This E.O. strengthened the legal provisions of E.O. 12333.

Therefore, there is no legal basis for the provisions of Executive Order 12333 to have been interfered with or blatantly ignored by Department of Justice or Department of Defense lawyers pursuant to the exchange of intelligence data between USSOCOM project Able danger and the Federal Bureau of Investigation.

Furthermore, E.O. 12333 mandated such collaboration and exchanges of data occur specifically between the DoD and the FBI when intelligence data was indicative of international terrorist activity occurred or was active within the territory of the United States.

[OldFriend]

It is my understanding that the wall began with Jimmy Carter.

I am sure some tech savvy freeper can research this.

[sure_fine]

marking

[RoadTest]

What's wrong with this picture is what's wrong with our nation: the Clinton Communists are ruling it.

[RoadTest]

No matter who first created a "wall" between intelligence agencies, the gargantuan stupidity of bureaucracy knows no bounds.

And 3000 people lost their lives.

[bvw]

Weird article. Yet another "expert" heard from. Where is any sense of anything but "know-it-all-ism" in his plaint?

[InvisibleChurch]

Now, that is an easy-to-read format.

[Wuli]

An Executive Order would not be found binding, by any federal lawyers working for DOD, State, CIA or FBI, if a legal finding was issued by the attorney generals office, and it was based on recent legal case law, and it disagreed with the Executive Order. Because? That is the legal authority that the Judiciary would site, in a court of law. Thus, the federal lawyers would have followed Gorelich's memorandum over the older Reagan Executive Order.

What leads me to think this guy is a troll is that real problem went beyond Gorelich's memo. At the time of that memo Gorelich and Clinton's White House counsel set up a new office which was to become the filter whenever any matter came up that was covered by Gorelich's memorandum. This meant that any intelligence sharing between foreign and domestic sources almost always had to ask the question of whether or not there was a legal case going on for which that intelligence could be seen as a part of it. Which meant the new filtering office - a Clinton political appointee - had to be asked to O.K. it. Of course with Louis Freeh having to perform various investigations involving the Clinton's themselves, including the China military contracts and campaign contributions, you can see why direct official intelligence sharing from and to the FBI began to breakdown completely. Clinton had placed himself directly in the middle of that sharing, with his own watchdog to let him know if Freeh was getting too close to foreign or domestic sources of his shenanigans.

[Eagles6]

save

[finnigan2]

Wall or no wall, memo or no memo, the statements by people like Ashcroft and the Able Danger staff indicates that there was a perception in the minds of key bureaucrats that the Gorelick memo limited information sharing.
Either the lawyers innocently misinterpreted her memo and it's authority (possible) or Gorelick and her people deliberately misapplied it in the full knowledge that it would stifle investigations into Slicks's campaign fund raising activities (also possible).
The bottom line is that Weldon and his Able Danger findings have since been effectively silenced.
When Arlen Spector said that his Committee would vigorously pursue this matter, he was effectively signaling to the Washington establishment that they shouldn't get too concerned or involved but could leave it to him to take the lead role in consigning the whole scandal to the trash bin.
Just what he had to do or promise Weldon to go along with the cover up would provide interesting speculation, but I wouldn't be surprised to see Weldon land a key Committee post that he's been known to covet for a long time.

[Arthur Wildfire! March]

T&T!

[nw_arizona_granny]

Ping

[Rapscallion]

Thank you for the clarity of your post.

I concluded long ago that the CIA and FBI had the responsibility to know about the terrorists and their plans. They had the information to draw the correct conclusion that we would be attacked by our own airliners being flown into buildings by Islamic militants. When confronted by the information they did not believe it. ABLE DANGER says there was more and better information than previously known.

Conclusions:

FBI and CIA were negligent and derelict and people died as a result.

The 9/11 Commission was wrong. The government knew or should have known we were going to be attacked.

The Commission is a whitewash to absolve the executive branch.

[takenoprisoner]

What motive would the Pentagon have to hold secret information regarding the life and death of Americans? Life or death information allegedly withheld due some cockeyed memorandam from some lame brained congress creature?

I can't imagine that. This dog won't hunt. No way no how.

[norton]

"Beyond the Executive Order, there is the matter of Laird v. Tatum (1972) in which the Supreme Court upheld the Army’s right to spy on domestic groups."

Yeah, right, and we ran right out and spied all over the peace movement - not.
What we did was pull our heads back in and hide out until .... sometime around 9/11.

Executive Orders provide authority, which is useless in the absence of responsibility and backbone.

[Dustbunny]

The left hand does not know what the right hand is doing and the larger the Fed Gov't gets the greater the information gap.

[davidosborne]

Able Danger PART 2 ?

http://www.freerepublic.com/focus/f-news/1908609/posts