Skip to comments.Carter allowed surveillance in 1977
Posted on 02/11/2006 6:36:57 AM PST by conservativecorner
Former President Jimmy Carter, who publicly rebuked President Bush's warrantless eavesdropping program this week during the funeral of Coretta Scott King and at a campaign event, used similar surveillance against suspected spies.
"Under the Bush administration, there's been a disgraceful and illegal decision -- we're not going to the let the judges or the Congress or anyone else know that we're spying on the American people," Mr. Carter said Monday in Nevada when his son Jack announced his Senate campaign.
"And no one knows how many innocent Americans have had their privacy violated under this secret act," he said.
The next day at Mrs. King's high-profile funeral, Mr. Carter evoked a comparison to the Bush policy when referring to the "secret government wiretapping" of civil rights leader Martin Luther King.
But in 1977, Mr. Carter and his attorney general, Griffin B. Bell, authorized warrantless electronic surveillance used in the conviction of two men for spying on behalf of Vietnam.
The men, Truong Dinh Hung and Ronald Louis Humphrey, challenged their espionage convictions to the U.S. Court of Appeals for the 4th Circuit, which unanimously ruled that the warrantless searches did not violate the men's rights.
In its opinion, the court said the executive branch has the "inherent authority" to wiretap enemies such as terror plotters and is excused from obtaining warrants when surveillance is "conducted 'primarily' for foreign intelligence reasons."
(Excerpt) Read more at washtimes.com ...
Probably wears shoe lifts. You know how vain these tin hat dictator can be.
I do not think that Former US President Jimmy Carter is a "Comummunist Sympathizer", and you sir need to rethink what you have posted!
I think the correct post would have read, "Former US President Jimmy Carter is a "Communist", no need for the second part. :-)
Maybe a tin (lead) foil hat woulda helped?
I'm sure Jimmy Carter will go on Larry King's show and explain all of this.
In 1976, after living in the United States for more than a decade, Vietnamese citizen David Truong met Dung Krall, a Vietnamese-American wife of an American Naval Officer who had many contacts among Vietnamese living in Paris. [FN473] Truong persuaded Krall to carry packages for him to the Vietnamese in Paris at the time of the 1977 Paris negotiations between North Vietnam and the United States. [FN474] The packages contained copies of U.S. diplomatic cables and other classified papers dealing with Southeast Asia. [FN475] Truong obtained the materials from Ronald Humphrey, an employee of the United States Information Agency, who *62 surreptitiously copied, removed classification markings, and delivered the stolen materials to Truong. [FN476] Humphrey later stated that his motive was to improve United States/North Vietnam relations so that he could be reunited with a woman imprisoned by the North Vietnamese government. [FN477]
Krall, however, was a CIA and FBI informant. [FN478] After the intelligence agencies first learned from Krall that Truong was transmitting classified documents to Paris, President Carter and Attorney General Bell authorized warrantless physical searches of the packages. [FN479] After presenting the packages Truong had given her to the FBI for inspection, copying and approval, Krall was permitted to carry the documents to Paris. [FN480] During this time the FBI monitored Truong and Humphrey closely, from approximately September, 1976, until January 31, 1978. [FN481]
The package searches led to the secret installation of closed-circuit television equipment in Humphrey's government office, the placement of a wiretap on Truong's telephone, and a microphone bugging device in Truong's apartment. [FN482] Truong's phone was tapped and his apartment was bugged from May 1977 to January 1978. [FN483] The telephone interception continued for 268 days; nearly every conversation was monitored and virtually all were taped. [FN484] The eavesdropping device was operative for approximately 255 days and it ran continuously. [FN485] The FBI never sought or obtained court authorization for the installation and maintenance of the telephone tap or the bug. [FN486]
After their indictment, Truong and Humphrey moved to suppress the evidence obtained by the government without a warrant. [FN487] Following the rationale of the decisions in Brown [FN488] and Butenko, [FN489] the District Court determined that because the surveillance was "for the *63 primary, or even sole, purpose of foreign intelligence gathering," [FN490] a foreign intelligence exception to the warrant requirement applied. [FN491] On the basis of this standard, the Court upheld most of the electronic surveillance, but agreed to suppress a portion that had been collected after the investigation shifted its focus from intelligence gathering to criminal prosecution. [FN492]
The Court independently considered the constitutionality of the searches of packages Truong sent to Paris with Krall. [FN493] A letter and package searched with executive authorization but without a warrant before the date at which the surveillance became, in the Court's view, criminal in nature, were treated as governed by the foreign intelligence warrant exception. [FN494]
According to the court, another package, which was searched without executive authorization or a warrant, was not covered by the foreign intelligence exception to the warrant requirement, but was nonetheless constitutional because Truong had no reasonable expectation of privacy in the package. [FN495]
In sustaining the bulk of the surveillance, the Fourth Circuit agreed "that the Executive Branch need not always obtain a warrant for foreign intelligence surveillance" [FN496] where its primary purpose is to gather foreign intelligence: ...
And yet another do as I SAY, not as I DO, democrat.....
To be fair, at the time Carter undertook the warrantless surveillance cited in the article, there was no mechanism to obtain a warrant for foreign intelligence gathering purposes.
In the Truong case, the Court admitted some evidence obtained sans warrant, and excluded other - based on a "foreign intelligence" boundary.
Yep, Carter needs a "belt" alright.
I'm still waiting on somebody to get after him for outing the entire CIA organization in Iran.
Carter is not only a fool, but a liar and traitor too. He needs to be a late president soon, the worthless arse.
He's just a FOOL!!!
Brings to mind a Winston Churchill quote. Paraphrasing it for Jimmah, it might be re-written like this:
"I may be drunk, sir, but in the morning I will be sober and you will still be a fool."
Likely not, since he was born with one.
his mutant (eat corn through a picket fence) Bucky Beaver teeth was my first clue...the second was his corn-pone "I be here to hep ye" shtik...
geez Louise, Hyman sure screwed up THAT interview..
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