I always knew Clinton wished he was Hitler!

[Exsubmariner]

This is the text of the executive order:

[ QUOTE ]
Office of the Press Secretary

__________________________________________________ ______________________
For Immediate Release February 9, 1995


EXECUTIVE ORDER 12949

- - - - - - -
FOREIGN INTELLIGENCE PHYSICAL SEARCHES


By the authority vested in me as President by the Constitution
and the laws of the United States, including sections 302 and 303 of the
Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801,
et seq.), as amended by Public Law 103- 359, and in order to provide for
the authorization of physical searches for foreign intelligence purposes
as set forth in the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the 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.

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
General is authorized to approve applications to the Foreign
Intelligence Surveillance Court under section 303 of the Act to obtain
orders for physical searches for the purpose of collecting foreign
intelligence information.

Sec. 3. Pursuant to section 303(a)(7) of the Act, 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
303(a)(7) of the Act in support of applications to conduct physical
searches:

(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; and

(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, by and with
the advice and consent of the Senate.


WILLIAM J. CLINTON


THE WHITE HOUSE,
February 9, 1995.

[/ QUOTE ]

This is the definition of a physical search:

[ QUOTE ]
in law, written order by an official of a court authorizing an officer to search in a specified place for specified objects and to seize them if found. The objects sought may be stolen goods or physical evidences of the commission of crime (e.g., narcotics). The Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures, provides, in effect, that a search warrant may be issued only on oath or affirmation that a crime was probably committed. In Mapp v. Ohio (1961) the U.S. Supreme Court mandated states to exclude from trial evidence obtained in illegal searches, such as those without a proper warrant. This “exclusionary rule” has been the subject of great controversy and subsequent litigation. In recent years, the Supreme Court has narrowed the scope of the rule, in many circumstances permitting the introduction of any evidence gathered in “good faith.” Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant. Warrants are not required for the gathering of evidence in some circumstances. These exceptions include evidence gathered after a lawful arrest, inspections by customs or border officials, searches made with the suspect's consent, searches of items in plain view, and searches of the belongings of secondary students on school property.

[/ QUOTE ]

Obtained under the definition of SEARCH WARRENT
here. Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant
Emphasis mine taken from the above definition.

"All animals are equal but some animals are more equal than others"

You have got to be kidding. You're relying on the fact that the foruth amendment applies to both pysical searches and wiretapping to say that they are the same thing? Um, no.

But even if they could be considered the same thing generally, or for some purposes, they absolutely cannot for purposes of FISA (and therefore for purposes of the executive order, which invokes FISA). FISA has seperate sections for wiretapping and physical searches.

Nice try, though. Just keep saying it: We are at war with Eurasia. We have always been at war with Eurasia . . .

[CORed]

[ QUOTE ]
Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant

[/ QUOTE ]

Of course that doesn't apply if we are at war. If we are at war the President can do anything he wants to. Congress doesn't have to declare war in order for us to be at war, regardless of what the Constitution says. After all, it's just a piece of paper. We're at war because the President said we are conducting a "War on terror". Besides, I don't think we ever officially ended the "War on Drugs" or the "War on Poverty". Not only that, Jimmy Carter said the energy crisis was the "moral equivalent of war". We have a worse energy crisis now than we did when good ole Jimmy was president, so that counts to. What it all means is that the President can do anything he wants to, any time he wants to. Anybody who disagrees is a terrorist-loving liberal defeatist who hates America.

Hmm, I wonder how many survivors there will be after George passes out the koolaid.

[Arnfinn Madsen]

Worst defence ever. If Clinton did something wrong, how does that make what Bush made any worse or better. It is irrelevant. You sound like Saddam when he points out the torture made by Americans to justify his own torture. It doesn't make the crime smaller.

[Roybert]

[ QUOTE ]
Clinton Plays Dictator

[/ QUOTE ]

If you can link to Drudge then I can certainly link to Dailykos ...

Kos debunks RW talking point

[ QUOTE ]
CLINTON DID NOT ORDER WARRANTLESS SEARCHES OF AMERICAN CITIZENS
Here's what Clinton signed:


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.

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.

CARTER DID NOT AUTHORIZE WARRANTLESS SEARCHES OF AMERICAN CITIZENS
And now, Carter's turn:


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.

Here, Carter refers to "electronic surveillance," rather than "physical searches" like Clinton. But again, Carter limits the warrantless surveillance to the requirements of Section 1802(a). That section requires:


the electronic surveillance is solely directed at communications exclusively between or among foreign powers. Translation: You can't spy on American citizens.

there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party. Translation: You can't spy on American citizens.


Section 1803(a)(2) requires that the Attorney General report to Congress (specifically, the House and Senate Intelligence Committees) about whether any American citizens were involved, what minimization procedures were undertaken to avoid it and protect their identities, and whether his actions comply with the law.

[/ QUOTE ]

[Exsubmariner]

OK Roybert,
I said in a post to Elliot below:
"Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant."

If you believe physical searches should not include wiretapping and survellance, you should get together some legal funding and take the issue up with the supreme court.

It just sucks that legally speaking, physical searches and wiretapping are equivalent.

[Roybert]

[ QUOTE ]
OK Roybert,
I said in a post to Elliot below:
"Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant."

If you believe physical searches should not include wiretapping and survellance, you should get together some legal funding and take the issue up with the supreme court.

It just sucks that legally speaking, physical searches and wiretapping are equivalent.

[/ QUOTE ]


I agree that physical searches and wiretapping without warrents on American citizens are essentially the same perverse bastardization of the Constitution. I was mostly interested in the provision that said that these physical searches couldn't be performed on Americans.
[ QUOTE ]
"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.

[/ QUOTE ]

[Exsubmariner]

Sorry Roybert,
I'm having trouble following. The text you quoted; I didn't see any text like that in the Clinton executive order. Did that come from the FISA code?