“Thank you Jimmy Carter”--Carter Agrees With Bush Spying

The New York Times ^ | November 8, 1980 | Robert Pear

[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

[don-o]

Blind squirrel / nut

[evad]

Dear Jimmah,

When you atone for releasing this Islamic scourge upon the world, then we'll give you your proper thanks.

Evad

[FairOpinion]

The ink on FISA was barely dry when the first president to order extrajudicial surveillance -- a Democrat -- did so. Jimmy Carter exercised his authority on May 23, 1979 with Executive Order #12139, seven months after signing FISA into law, declaring that "the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order," subject to the section's requirements. The order cites a FISA section helpfully titled "Electronic Surveillance Authorization Without Court Order."

The precedent was even more firmly established by President Clinton. Top Clinton administration officials are on record defending the practice. As Deputy Attorney General Jamie S. Gorelick testified before Congress in 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 and that the president may, as he has done, delegate this authority to the attorney general." She remarked that: "It's important to understand 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."

From: Wiretaps for me, not thee?

[FairOpinion]

Jimmy Carter would rather move to Cuban, than utter anything in support of President Bush.

[aShepard]

.....From 9/11 Commission Report, 2004

In July 1995, Attorney General Reno issued formal procedures aimed at managing information sharing between Justice Department prosecutors and the FBI. They were developed in a working group led by the Justice Department’s Executive Office of National Security, overseen by Deputy Attorney General Jamie Gorelick.............

It's amazing how the ex- P-residue-nt, and her Thighness have been absent from the RAT rant on spying. At least they know that Bush is setting the trap, and just wants to herd all the RATS in a tight circle before springing!

[Pimpmygop]

JIMMAH!!

[Fenris6]

LOL. I like your chart better. thanks!

[stephenjohnbanker]

ROTF......................................

[inquest]

That still doesn't answer the question about probable cause.

[EGPWS]

Everytime I think of Carter, I am reminded what an awful, awful president he was, and what a despicable friend of dictators and thugs he has been.

His focus while POTUS was one which was to be held as a failure for his delegation capabilities were non existent.

Perhaps he didn't have a coven of friends in his cabinet of which he could depend on.

He sure has acquired friends world wide however who considered him appropriate to receive the "Nobel peace prize" to show him as relevant.

I'm in the mood for some peanuts augmented with beer after visiting this post.

My respect for Jimma' is showing again.... ; )

[Mad_as_heck]

Its official: Jimmy Carter has done one thing as an ex-president that isn't contemptible. Thanks!

It should be fun to see how the MSM tries to spin this. Either it will be "It was legal but..." or they will just ignore the peanut farmer altogether.

[PhilipFreneau]

>>>I never thought the words “Thank you Jimmy Carter” would come out of my mouth, but it just did!! <<<

He will deny he ever said it. Besides the MSM will never report this anyway.

[IronChefSakai]

I'd take it with a grain of salt. A broken clock is right at least twice a day.

[Cinnamon]

Thank you Jimmy Carter

[FairOpinion]

The points are:

1. FISA requirements for "probably cause" are MUCH less than for regular criminal searches.
2. FISA specifically has a section, which says you don't need to go through FISA, i.e. the President has the executive power to order the searches.

[penowa]

Everytime I think of Carter, I am reminded what an awful, awful president he was, and what a despicable friend of dictators and thugs he has been.

Not to mention what a crooked Commie he is.

[JZelle]

"If Jimmy said it, then it must be a Good Thing, and the MSM will flock to give him more air time, which will begin with "Yes, the President has this right, BUT--" and then Jimmy will blather on for ten minutes about how evil Bush is."

Sums it up nicely!

[Peach]

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.'’

I do NOT know which part of this the left doesn't get. Are they deliberately obtuse or just plain evil?

[Numbers Guy]

I never thought the words “Thank you Jimmy Carter” would come out of my mouth, but it just did!!

I've always thanked Jimmy Carter for fighting off that killer rabbit.

There's no telling how much death and devastation would have resulted if that rabbit had been allowed to rampage throughout the country.

[lawnguy]

I love your charts. I can't wait until they flat-line and the layoffs come in bunches!!