Posted on 12/20/2005 7:55:51 AM PST by SueRae
n a little-remembered debate from 1994, the Clinton administration argued that the president has "inherent authority" to order physical searches including break-ins at the homes of U.S. citizens for foreign intelligence purposes without any warrant or permission from any outside body. Even after the administration ultimately agreed with Congress's decision to place the authority to pre-approve such searches in the Foreign Intelligence Surveillance Act (FISA) court, President Clinton still maintained that he had sufficient authority to order such searches on his own.
"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," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General."
"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."
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."
Reporting the day after Gorelick's testimony, the Washington Post's headline on page A-19 read, "Administration Backing No-Warrant Spy Searches." The story began, "The Clinton administration, in a little-noticed facet of the debate on intelligence reforms, is seeking congressional authorization for U.S. spies to continue conducting clandestine searches at foreign embassies in Washington and other cities without a federal court order. The administration's quiet lobbying effort is aimed at modifying draft legislation that would require U.S. counterintelligence officials to get a court order before secretly snooping inside the homes or workplaces of suspected foreign agents or foreign powers."
In her testimony, Gorelick made clear that the president believed he had the power to order warrantless searches for the purpose of gathering intelligence, even if there was no reason to believe that the search might uncover evidence of a crime. "Intelligence is often long range, its exact targets are more difficult to identify, and its focus is less precise," Gorelick said. "Information gathering for policy making and prevention, rather than prosecution, are its primary focus."
The debate over warrantless searches came up after the case of CIA spy Aldrich Ames. Authorities had searched Ames's house without a warrant, and the Justice Department feared that Ames's lawyers would challenge the search in court. Meanwhile, Congress began discussing a measure under which the authorization for break-ins would be handled like the authorization for wiretaps, that is, by the FISA court. In her testimony, Gorelick signaled that the administration would go along a congressional decision to place such searches under the court if, as she testified, it "does not restrict the president's ability to collect foreign intelligence necessary for the national security." In the end, Congress placed the searches under the FISA court, but the Clinton administration did not back down from its contention that the president had the authority to act when necessary.
Sorry. You lost me on that reply. Founders? Balance of power?
Worthy topic? Say what????
Doesn't seem to connected to our posts or did I miss your jump?
driveserve
The administration had briefed congressional leaders about the NSA program and notified the judge in charge of the Foreign Intelligence Surveillance Court, the secret Washington court that handles national security issues.
Aides to National Intelligence Director John Negroponte and West Virginia Sen. Jay Rockefeller, the top Democrat on the Senate Intelligence Committee, declined to comment Thursday night.
SINCE HE IS PROBABLY ONE OF THE LEAKERS!!!
"However, this unfortunate episode is not about checks against unbridled power, or the public's right to know, or even about what should have been done to prevent 9/11. It is about political opportunism, and it may well come at the expense of common-sense accountability."
Not to mention the ability of this country to protect itself.
Political opportunism at the expense of National security, that is what it's come to. We're sinking to an all time low.
Yeah I probably did a jump. The issue was the power of the Executive in time of war. The founders worried much about the eecutive's power but at the same time knew that a "Commander in Chief" was needed. Sorry about the topic jump.
Sites like ThinkProgress are claiming to have debunked this.
Sigh. When will the left actually want the US to do well.
This is what dear, sweet Howie has sent to the party faithful recently:
Dear Friend,
This is not an easy letter to write, and I'm afraid it may be a hard one to believe.
By now you have probably heard the news that George Bush is using the National Security Agency to conduct surveillance on American citizens without the consent of any court. After initially refusing to confirm the story, the President has admitted to personally overseeing this domestic spying program for years and he says he intends to continue the program.
These actions explicitly violate a law designed to protect US citizens. But the administration says that other laws somehow allow for this unprecedented use of a foreign intelligence agency to spy on Americans right here in the United States. According to reports, political appointees in the Justice Department's Office of Legal Counsel wrote still-classified legal opinions laying out the supposed justification for this program.
I have asked our General Counsel to draft a Freedom of Information Act request for the relevant legal opinions and memos written by that office. Since the program's existence is no longer a secret, these memos should be released -- Americans deserve to know exactly what authority this administration believes it has.
You can help pressure the administration to release these documents by signing on to our Freedom of Information Act request in the next 48 hours:
www.democrats.org/fo...
This extra-legal activity is even more disturbing because it is unnecessary -- the administration already has access to a secret Foreign Intelligence Surveillance Court. That court was created precisely to provide speedy, secure judicial review to the actions of our intelligence agencies.
To allow authorities act as quickly as possible, officials can even apply for a retroactive warrant days after the surveillance has already begun. Secret warrants have been approved over 19,000 times -- only five applications were rejected in nearly thirty years. The court, which regularly acts within hours, is hardly a roadblock, but it prevents abuse by providing the oversight required by our system of checks and balances.
This administration must demonstrate clearly what legal authority allows it to disregard criminal prohibitions on unilateral domestic spying. Sign on to the request now -- it will be delivered on Thursday:
www.democrats.org/fo...
Even after the press found out about these actions, the administration tried to cover up its existence. According to Newsweek, George Bush summoned the publisher and executive editor of the New York Times to the Oval Office to try to stop them from running the story of these illegal activities.
We have seen this kind of arrogance of power before.
Richard Nixon once said in an interview that, "if the president does it, it can't be illegal."
He found out that wasn't true. This administration may need a reminder.
Thank you.
Governor Howard Dean, M.D.
I have to keep telling myself that because if I thought he was that disingenuous and deceitful on purpose...I'd go right 'round the bend with him.
bump
Ummmm, the MSM gives "all things Clinton" a pass...
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