Skip to comments.Jimmy Carter Assumed Same Spy Power As Bush
Posted on 12/19/2005 6:12:52 PM PST by 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.
[Secs. 1-104 and 1-105 amended Executive Order 12036 of Jan. 24, 1978, which was revoked by Executive Order 12333 of Dec. 4, 1981.]
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.
"Well Jimmy is in good company...with Clinton his Echelon program"
What's not working for the dems is that so many Americans can now get their news from "alternative" sources not controlled by their allies in the "MSM".
The internet has provided untold millions w/ access to enough information (truth) to refute their lies.
The Sami etc. guy - the Forida prof that O'Reilly has featured - is he an American?
I don't think it was sleuthed. It is pretty much straight out of an RNC release.
lewinski's sperm donor.......hahahahahaha. That is funny(coming from a guy who voted for him twice)
What's the big deal? It's only a boilerplate enabling order for the AG and not something to hang your hats on to defend this administration. You appear to have completely misread this, and mis-interpreted its significance by failing to consider the context (legal and operational) and meaning of "foreign intelligence" and the AG's requirement to abide by "certifications" of the "Section."
TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1801
§ 1801. Definitions
(b) Agent of a foreign power means(1) any person other than a United States person, who(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such persons presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or(2) any person who(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).(c) International terrorism means activities that(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;(2) appear to be intended(A) to intimidate or coerce a civilian population;(B) to influence the policy of a government by intimidation or coercion; or(C) to affect the conduct of a government by assassination or kidnapping; and(3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.(d) Sabotage means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States.(e) Foreign intelligence information means(1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to(A) the national defense or the security of the United States; or(B) the conduct of the foreign affairs of the United States.
"I don't think it was sleuthed. It is pretty much straight out of an RNC release."
Really? Do you have a link to that release?
(I'm kidding of course. I know you are just a lying troll.)
"The libs are absolutely salivating."
Including Alan Colmes.
Is that salivating, or drooling? Colmes always lookes like a drooling member of the undead.
"Colmes always lookes like a drooling member of the undead."
LOL! I quite agree...and he's so rude.
And that was just against rabbits!
Wasn't that just after the Killer Rabbit Incident?