Posted on 12/23/2005 11:23:24 AM PST by SBD1
U.S.OFFICIALS DEFINE POLICY ON SEARCHES; Lawyers Assert President Still Has 'Inherent Authority' to Order Entries Without Warrants 'Concurrent Jurisdiction' 1978 Executive Order Cited No 'Foreign Connections' Found By ROBERT PEAR Special to The New York Times. New York Times (1857-Current file). New York, N.Y.: Nov 9, 1980. pg. 35, 1 pgs
WASHINGTON, Nov. 8--Justice Department lawyers say that the President still has the "inherent authority" to order searches without warrants to collect foreign intelligence within the United States, despite the criminal conviction this week of two former officials of the Federal Bureau of Investigation who said they had approved such searches in 1972 and 1973.
An executive order issued by President Carter in January 1978 established the standard that governs the use of searches for intelligence purposes today. Such searches, it said, shall not be undertaken against a United States person without a judicial warrant, unless the President has authorized the type of activity involved and the Attorney General has both approved the particular activity and determined that there is probable cause to believe that the United States person is an agent of a foreign power.'
SBD
(Excerpt) Read more at pqasb.pqarchiver.com ...
heh..wonder who that will be?? ;-)
Exactly!
All this does is to give Jimmy Carter the Megaphone
so that he can speak to the Moonbat Hordes! And
once again he (Jimmy C) will become the Moonbat Messiah..
"..he had the Authority, but he didn't use it right",
says former president Carter..
while the crowd chanted, "Muad'Dib! Muad'Dib! Muad'Dib!"
"Save us Muad'Dib! Save us from the Evil Bush Muad'Dib!"
"Bush is Evil! Bush is Hitler! Bush is Satan!
The Economy is trashed and it is all Bush's fault!"
"No WMD and Bush causes Terrorism! He knew about
9-11 before 9-11, and he let it all happen to make his
Oil buddies rich. Muad'Dib! Muad'Dib! Muad'Dib!"
Yep..
If Carter said something nice (or true) then it is all just
a setup for the next Moonbat Messiah!
Don't you find this satisfactory?
Assistant Attorney General's Letters to Senate Intelligence Committee Regarding NSA Spying Program
http://www.freerepublic.com/focus/f-news/1545787/posts
If Jimma can overcome his slide into senility for a few moments to ponder the situation, he will say that this is a different situation since the people we are looking at are Muzzles and everyone knows that they are members of the Religion of Peace. Even though he has lusted in his heart, he knows that these people never have and that they are holy people who mean us no harm and it is an insult to all that is good to suspect them of any evil, including wanting to blow all our a$$e$ off the face of the earth as soon as they can.
No, thank you, Jimma Carter. Go plant your nuts in the back 40.
I wasn't trying to examine every aspect of the controversy surrounding the program on this thread - just that one aspect.
Don't you think finding people's phone number and e-mail address on computers of known terrorists is probable cause?
Those are the kinds of things that prompted the surveillance.
The argument can go either way, given that, as Kristol and Schmitt pointed out (in defending the program, not criticizing it - see #20), even terrorists call people for non-terrorism-related activity, such as renting rooms, making purchases, etc.
I'm not saying that it's not justified to tap those numbers, nor am I saying that it's necessarily illegal. I'm only saying that may not meet the probable-cause standard. And if that's the case, then the Carter-era EO doesn't provide a precedent for this program, contrary to the thread's claim that it does. That's my only point.
Even a broken clock is right twice a day.
"I'm only saying that may not meet the probable-cause standard. And if that's the case, then the Carter-era EO doesn't provide a precedent for this program,"
So, DO you think he broke the law?
To hell with J.C. lousy pres, loud mouth, bitchy old lady , crazy mother,drunk brother. a disfunctional family
That would be section 1802, and it doesn't say that the President "don't need to go through FISA". The section spells out specific procedures that need to be followed--minimization, certification to the court, etc.
That section has nothing to do with what Bush has been doing, btw. Bush's surveillance has not adhered to FISA's requirements, including section 1802. Bush has admitted it and his lawyers have been defending it. That's what's this uproar is all about. Referring to the law which he's ignoring in order to justify his ignoring the law is senseless.
I think it's worth pointing out that the referenced E.O. predates FISA. After FISA became law, Carter amended the E.O. so that electronic surveillance would thereafter be
conducted in accordance FISA.
I have not read all of the posts but I was over at that other site and this has made their news. I did not read anything but the headlines.
I'm no Carter fan but he sure isn't sliding into senility.
He's old,as I am,but certainly not senile.
Knock it off.
He's a threat only because the left-wing hysterical media prints his garbage and treasonous comments all over the news and gives weight to commie/left-wing/hate-Bush comments as a "respected ex-president". I could care less what Jimmah says or thinks, but he is one more cog in the left-wing demagoguery to either neutralize or bring down the Bush presidency. Plus he LOVES his favorite commie dictators like Castro, Caesar Chavez, and the other commies taking over in other SA countries. He is a true RAT B@ST@RD and traitor of the U.S.
To be honest, I don't even know for sure what exactly he did. If Kristol and Schmitt accurately describe the situation, then it certainly went against FISA. And I don't agree with the notion that the President's "inherent" constitutional powers shield him from acts of Congress. But apparently, the courts seem to have ruled otherwise, at least according to what some freepers have posted. I'd have to look at those rulings myself, though, to see exactly what kind of latitude they purport to give him. But my gut feeling is that his actions were illegal.
Even that doesn't necessarily mean, though, that he shouldn't have done it. Sometimes there are situations where even the law has to be set aside, as long as you're willing to accept the consequences. I don't know enough about what happened (given that most of it is classified) to really pass judgment for sure.
rhetorical question right?
Looks like Enron Stock!
Pray for W and Our Victorious Troops
i'm interested in your sources. Please post links to Cartes and commies.
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