CLINTON ADMINISTRATION SECRET SEARCH ON AMERICANS -- WITHOUT COURT ORDER
CARTER EXECUTIVE ORDER: 'ELECTRONIC SURVEILLANCE' WITHOUT COURT ORDER
Bill Clinton Signed Executive Order that allowed Attorney General to do searches without court approval
Clinton, February 9, 1995: "The Attorney General is authorized to approve physical searches, without a court order"
WASH POST, July 15, 1994: Extend not only to searches of the homes of U.S. citizens but also -- in the delicate words of a Justice Department official -- to "places where you wouldn't find or would be unlikely to find information involving a U.S. citizen... would allow the government to use classified electronic surveillance techniques, such as infrared sensors to observe people inside their homes, without a court order."
Deputy Attorney General Jamie S. Gorelick, the Clinton administration believes the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes."
Secret searches and wiretaps of Aldrich Ames's office and home in June and October 1993, both without a federal warrant.
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."
END
Every President since Roosevelt has asserted and exercised the inherent authority to wiretap foreign powers for national security purposes without a warrant.
Alter's entire opinion on the subject is based on a completely false premise, namely that it is illegal and unconstitutional for a President to do this. To the contrary, no court considering the question has ever said that, and all courts commenting on the subject have expressly recognized the President's inherent authority. Congress in passing FISA and the 9/14/01 resolution also recognized the President's inherent authority. Congress has no authority to impair the President's inherent Article II powers. If resort must be made to the statute, the use of force was authorized, and this type of surveillance is inherent in and a necessary concomitant to the use of force, just like detention was found to be in the Hamdi (or is Hamdan) case.
So, the lefty position on this issue is wrong, ignorant and stoopid. God Bless Hugh Hewitt, and thanks to Jonathan Alter for revealing himself to be such a clown. The left's position is also extremely dangerous and extremely foolish politically. Their platform now consists of a high pitched nasal whine that George Bush is awfully mean to terrorists. Yes, he certainly is.
Strategery or not, the left has now rushed into a position which is wrong, stupid, dangerous, and politically insane. Right where we want 'em. Life is Good!