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Old 12-21-2005, 09:22 AM
canis582 canis582 is offline
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Default De-bunking the \"Clinton and Carter Spyed on Americans\" Myth

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.
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