Jimmy Carter Assumed Same Spy Power As Bush

Sweetness & Light ^ | December 19, 2005 | N/A

[Sam Hill]

Almost immediately after the enactment of the Foreign Intelligence Surveillance Act of 1978, President Jimmy "the Saint" Carter issued Executive Order #12139:

Foreign Intelligence Electronic Surveillance

By the authority vested in me as President by Sections 102 and 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in order to provide as set forth in that Act for the authorization of electronic surveillance for foreign intelligence purposes, it is hereby ordered as follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section 103 of that Act to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information.

1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), 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 104(a)(7) of the Act in support of applications to conduct electronic surveillance:
(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.
(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 with the advice and consent of the Senate.

1-104. [Deleted]

1-105. [Deleted]

[Secs. 1-104 and 1-105 amended Executive Order 12036 of Jan. 24, 1978, which was revoked by Executive Order 12333 of Dec. 4, 1981.]

Jimmy Carter
1978

Once more, with feeling:

[T]he Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.

Again, none of this is news, except to the New York Times. And we all know why they are pretending it's new to them.

[God luvs America]

but they will come back and claim it does not state "spying on Americans"..

[Deathmonger]

You are misrepresenting this executive order. Carter did not assert that the Attorney General could authorize wiretaps without notifying the FISA court--indeed it says that he must certify that the taps will not violate FISA and then he is to approve applications to the FISA court.

This executive order merely makes the Attorney General the central approver within the executive branch bureaucracy. He still has to go get approval (before or after the fact) from the FISA court.

Sorry. Read it, it doesn't say what you are claiming it says.

[gondramB]

This doesn't say that it was authorized to be done to U.S. citizens while they were in the country....

[processing please hold]

So this started with Carter? lolololol I can't wait to spread the word to a few liberals.

[BohDaThone]

I don't think that Bush's actions were under the same authority cited here. A quick Google comes up with this text of the relevant statute, 50 USC 1802(a):

(a) (1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at— (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or (ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;

(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and

(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; and if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately. (2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808 (a) of this title.

I haven't heard anything about such certifications having been made, or that the surveillance was limited to conversations among foreign powers, as required in (A) or not likely to hear conversations of a "US party" as required in (B).

Not saying whether Bush was right or wrong, but I don't think he acted pursuant to this statute, which apparently Carter did, at least from the cited EO.

[demitall]

ping to follow up

[oceanview]

it was legal in all cases - Carter, Clinton, Bush. we might see a "revelation" that Reagan used it too - good gosh, there are so many americans in gulags over this abuse of executive power, what are we to do!

[processing please hold]

Are you sure about the guy being a lib? I remember seeing the picture way back and I believe he is a good guy.

[WorkingClassFilth]

Actually, that's not a bad thought...

[processing please hold]

Never mind. I saw you corrected as I went down the post.

[jdm]

I'm 31 and was too young to remember Carter as President. What the hell were people thinking back in the mid to late 70s?! To see him standing behind a podium with the "President of the United States" seal -- it's almost surreal. Was this guy really President? It's just so hard to believe.

[winker]

Without the proper "Oversight" being applied there is a level of danger to the Republic that has no bounds even when those who always say Its in the national interest to do thus and so!

The American People need assurances their best interest is in the National Interest and we must have stragetically placed True Patriots to apply "OVERSIGHT DIRECTLY"!

[deport]

JC was probably monitoring their a/c settings to make sure they weren't below 78 degrees.

[Brilliant]

Carter did not have a Congressional authorization of war, either.

[Theodore R.]

Also GA Jimmy was merely trying to deliver on his promise of a government as "good, kind, and caring," as the American people themselves.

[Brilliant]

Dang! We could have impeached Carter, and we let him get away!

[Republican Wildcat]

bttt

[r-q-tek86]

<DimRat mindset>

I demand an investigation into who leaked this information. This culture of corruption in the Republican party must stop. Instead of admitting defeat and resigning the presidency, the Republicans have illegally leaked this sensitive information in a vain attempt to smear this Nobel Prize winning humanitarian.

</DimRat mindset>

[Mr. Mojo]

Someone alert the Yenta.

[Sam Hill]

The trolls arrive.

Does Soros pay benefits?