Agreed! Clinton fingerpointing to justify Bush is much ado about nothing. David Bier
--- In osint@yahoogroups.com, "Bruce Tefft" <[EMAIL PROTECTED]> wrote: > > Much ado about nothing. > > -----Original Message----- > From: osint@yahoogroups.com [mailto:[EMAIL PROTECTED] On Behalf Of > David Bier > Sent: Tuesday, December 20, 2005 9:37 PM > To: osint@yahoogroups.com > Subject: [osint] Re: Clinton Claimed Authority to Order No-Warrant Searches > > Ah yes, Clinton made noises...but never violated FISA. Bush43 can not say > the same. > > David Bier > > --- In osint@yahoogroups.com, "Bruce Tefft" <[EMAIL PROTECTED]> wrote: > > > > > > > > http://www.nationalreview.com/york/york200512200946.asp > > > > December 20, 2005, 9:46 a.m. > > Clinton Claimed Authority to Order No-Warrant Searches Does anyone > remember > > that? > > > > In a little-remembered debate from 1994, the Clinton > administration argued > > that the president has "inherent authority" to order physical searches > > - including break-ins at the homes of U.S. citizens - for foreign > intelligence > > purposes without any warrant or permission from any outside body. > Even after > > the administration ultimately agreed with Congress's decision to > place the > > authority to pre-approve such searches in the Foreign Intelligence > > Surveillance Act (FISA) court, President Clinton still maintained > that he > > had sufficient authority to order such searches on his own. > > "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," Deputy Attorney General Jamie > Gorelick > > testified before the Senate Intelligence Committee on July 14, 1994, > "and > > that the President may, as has been done, delegate this authority to > > the Attorney General." > > "It is important to understand," Gorelick continued, "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." > > Executive Order 12333, signed by Ronald Reagan in 1981, provides > for such > > warrantless searches directed against "a foreign power or an agent of > > a foreign power." > > Reporting the day after Gorelick's testimony, the Washington Post's > > headline - on page A-19 - read, "Administration Backing No-Warrant Spy > > Searches." The story began, "The Clinton administration, in a > little-noticed > > facet of the debate on intelligence reforms, is seeking congressional > > authorization for U.S. spies to continue conducting clandestine > searches at > > foreign embassies in Washington and other cities without a federal > > court order. The administration's quiet lobbying effort is aimed at > > modifying draft legislation that would require U.S. > > counterintelligence > officials to > > get a court order before secretly snooping inside the homes or > workplaces of > > suspected foreign agents or foreign powers." > > In her testimony, Gorelick made clear that the president believed > he had > > the power to order warrantless searches for the purpose of gathering > > intelligence, even if there was no reason to believe that the search > might > > uncover evidence of a crime. "Intelligence is often long range, its > exact > > targets are more difficult to identify, and its focus is less precise," > > Gorelick said. "Information gathering for policy making and > > prevention, rather than prosecution, are its primary focus." > > The debate over warrantless searches came up after the case of CIA > > spy Aldrich Ames. Authorities had searched Ames's house without a > warrant, and > > the Justice Department feared that Ames's lawyers would challenge > the search > > in court. Meanwhile, Congress began discussing a measure under which > > the authorization for break-ins would be handled like the > > authorization for wiretaps, that is, by the FISA court. In her > > testimony, Gorelick > signaled > > that the administration would go along a congressional decision to > > place such searches under the court - if, as she testified, it "does > > not > restrict > > the president's ability to collect foreign intelligence necessary > for the > > national security." In the end, Congress placed the searches under > the FISA > > court, but the Clinton administration did not back down from its > contention > > that the president had the authority to act when necessary. > > - Byron York, NR's White House correspondent, is the author of The > Vast > > Left Wing Conspiracy: The Untold Story of How Democratic Operatives, > > Eccentric Billionaires, Liberal Activists, and Assorted Celebrities > Tried to > > Bring Down a President - and Why They'll Try Even Harder Next Time. > > > > > > > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> > 1.2 million kids a year are victims of human trafficking. Stop slavery. > http://us.click.yahoo.com/U6CDDD/izNLAA/cUmLAA/TySplB/TM > --------------------------------------------------------------------~-> > > -------------------------- > Want to discuss this topic? Head on over to our discussion list, > [EMAIL PROTECTED] > -------------------------- > Brooks Isoldi, editor > [EMAIL PROTECTED] > > http://www.intellnet.org > > Post message: osint@yahoogroups.com > Subscribe: [EMAIL PROTECTED] > Unsubscribe: [EMAIL PROTECTED] > > > *** FAIR USE NOTICE. This message contains copyrighted material whose use > has not been specifically authorized by the copyright owner. OSINT, as a > part of The Intelligence Network, is making it available without profit to > OSINT YahooGroups members who have expressed a prior interest in receiving > the included information in their efforts to advance the understanding of > intelligence and law enforcement organizations, their activities, methods, > techniques, human rights, civil liberties, social justice and other > intelligence related issues, for non-profit research and educational > purposes only. 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