[mnehring]

The whole illegality of this issue is a complete myth.. Asking why the President didn't go to FISA is about as logical as asking a driver why they didn't stop at a green light. It just isn't necessary according to the law.


EXECUTIVE ORDER 12949

- - - - - - - FOREIGN INTELLIGENCE PHYSICAL SEARCHES



By the authority vested in me as President by the Constitution and the laws of the United States, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801, et seq.), as amended by Public Law 103- 359, and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forth in the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General is authorized to approve applications to the Foreign Intelligence Surveillance Court under section 303 of the Act to obtain orders for physical searches for the purpose of collecting foreign intelligence information.

Sec. 3. Pursuant to section 303(a)(7) of the Act, the following officials, each of whom is employed in the area of national security or defense, is designated to make the certifications required by section 303(a)(7) of the Act in support of applications to conduct physical searches:

(a) Secretary of State;

(b) Secretary of Defense;

(c) Director of Central Intelligence;

(d) Director of the Federal Bureau of Investigation;

(e) Deputy Secretary of State;

(f) Deputy Secretary of Defense; and

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that capacity, may exercise the authority to make the above certifications, unless that official has been appointed by the President, by and with the advice and consent of the Senate.

WILLIAM J. CLINTON
THE WHITE HOUSE,
February 9, 1995.

[TexasCajun]

Thanks for posting Slick's E.O. 12949.

Jimma had a similar E.O. but not sure the number.

Do E.O.s expire at the end of the executing president's term?

[TexasCajun]

I bet The Aldrich Ames Spy Family was busted with help of this E.O..

One of the few successes of The Slacker.

[smoothsailing]

I did see this on the "Connecting the Dots" thread. Good of you to keep it handy!

[r-q-tek86]

ping