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[Secs. 1-104 and 1-105 amended Executive Order 12036 of Jan. 24, 1978, which was revoked by Executive Order 12333 of Dec. 4, 1981.]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

[Kimberly GG]

An explanation I heard this morning on Fox was that the FISA was bypassed because FISA criteria may have been difficult to meet in instances where it could not be established that, for instance, all of the people on a captured terrorist's cell phone, were in fact, connected directly to a terrorist organization or terrorist plot. In other words, FISA would not approve wire tapping the terrorist contact, 'John Smith', if it could not be proven he was something more than just the terrorist's barber. Side stepping FISA and it's requirements allows the NSA to tap into any and all of the terrorist's 'contacts' on a confiscated cell phone.

Also, the explanation was given that the Presidential authority to do so without a warrent, is based, in part, by the gravity of the threat. After 9/11, the argument should be that the gravity of the threat gives Bush the authority and also, we are to notice that 'gravity of the threat' is not being used by the Dems in their 'argument' against.

Did anyone else hear these explanations. It was the first time, over the last few days, that I heard such concise explanation. But is it fact?

[jennyjenny]

Trampling on our rights...is always wrong. There is no excuse for this.

I don't consider the government listening to the phone conversations of terrorists planning and plotting to kill me and thus preventing it from occurring, "trampling" on my rights. In fact, I expect them to do so.

[mosquitobite]

BWHAHAHA! Sam, please add me to any ping list you have. I love your sleuthing abilities!

[FourtySeven]

Thanks for this. This is still not something I'd like to have to debate with a leftist, but it's pretty clear Bush did nothing wrong.

Since the explaination WHY he did nothing wrong is rather complicated, I wouldn't relish debating this with a leftist. Leftists usually take one tiny (MSM) reported fact, and run with it, and once they do, nothing can change their mind, no matter how many other facts are presented to explain how the original report was wrong.

Thanks again though; this is a definite bookmark keeper.

[gondramB]

" Are you sure that those monitored within the United States were citizens?"

No I am not sure. But the president sure made it sound that way as did Alberto Gonzalez.

[Beckwith]

> " Are you sure that those monitored within the United States were citizens?"

> No I am not sure. But the president sure made it sound that way as did Alberto Gonzalez.

I didn't hear that and out of those communications intercepted, what percent were Americans?

I would absolutely bet that the overwhelming number of intercepts were made on foreign muzzies in this country.

[911angelady]

Yeah, that was Jimmy "the saint", and this is George W. "the cowboy", but it's all about our liberty don't ya' know? The Liberals are so stuck on stupid....if your'e dead who gives a rat's ass about liberties!!!Thanks,but I'll trust a Texas cowboy over a "saintly", liberal peanut farmer, one of the biggest weanies in American history, a disgrace to patriots everywhere.

[911angelady]

No kiddin'- no balls at all, so what good was any intelligence...I guess it takes intelligence to use intelligence. Carter, what a waste....

[Godzilla]

bttt

[Sam Hill]

Done!

[911angelady]

...but now protecting our country is an impeachable offense!! Their negative propoganda,and radical "doom and gloom" will add up to extinction of the "Liberals".We have a national party that is dangerous to our national security,and they can take their "civil liberties" rants and whining and stuff themselves...they can think about liberty when their lifeless corpses are at room temperature. Wake up America!!!

[moose2004]

And swimming attack rabbits.

[Finalapproach29er]

Amazing discovery. Send it to Brit Hume.

[rowhey]

We really need to storm the ramparts with this information.

[jmcenanly]

It is the oldest rule in the Democratic playbook.
Quod licet Jovi, non licet bovi

What is allowable for Jupiter is not allowable for cattle

[jmcenanly]

I'd like to join your ping list

[timestax]

bttt

[timestax]

bump

[timestax]

bttt

[Sam Hill]

Done.