canis582
12-21-2005, 09:22 AM
You know the right-wingnuts are getting desperate when they start trotting out Clenis and Carter to justify King George's law-breaking.
CLINTON DID NOT ORDER WARRANTLESS SEARCHES OF AMERICAN CITIZENS
Here's what Clinton signed:
[ QUOTE ]
Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] 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.
[/ QUOTE ]
You don't have to be a lawyer to understand that Clinton allowed warrantless searches if and only if the AG followed section 302(a)(1). What does section 1822(a) require?
+ the "physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers." Translation: You can't search American citizens.
+ and there is "no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person." Translation: You can't search American citizens.
Moreover, Clinton's warrant waiver consistent with FISA refers only to physical searches. "Physical searches," as defined by 1821(5), exclude electronic surveillance.
CLINTON DID NOT ORDER WARRANTLESS SEARCHES OF AMERICAN CITIZENS
Here's what Clinton signed:
[ QUOTE ]
Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] 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.
[/ QUOTE ]
You don't have to be a lawyer to understand that Clinton allowed warrantless searches if and only if the AG followed section 302(a)(1). What does section 1822(a) require?
+ the "physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers." Translation: You can't search American citizens.
+ and there is "no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person." Translation: You can't search American citizens.
Moreover, Clinton's warrant waiver consistent with FISA refers only to physical searches. "Physical searches," as defined by 1821(5), exclude electronic surveillance.