Posted on 12/20/2005 7:55:51 AM PST by SueRae
n a little-remembered debate from 1994, the Clinton administration argued that the president has "inherent authority" to order physical searches — including break-ins at the homes of U.S. citizens — for foreign intelligence purposes without any warrant or permission from any outside body. Even after the administration ultimately agreed with Congress's decision to place the authority to pre-approve such searches in the Foreign Intelligence Surveillance Act (FISA) court, President Clinton still maintained that he had sufficient authority to order such searches on his own.
"The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes," Deputy Attorney General Jamie Gorelick testified before the Senate Intelligence Committee on July 14, 1994, "and that the President may, as has been done, delegate this authority to the Attorney General."
"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."
Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power."
Reporting the day after Gorelick's testimony, the Washington Post's headline — on page A-19 — read, "Administration Backing No-Warrant Spy Searches." The story began, "The Clinton administration, in a little-noticed facet of the debate on intelligence reforms, is seeking congressional authorization for U.S. spies to continue conducting clandestine searches at foreign embassies in Washington and other cities without a federal court order. The administration's quiet lobbying effort is aimed at modifying draft legislation that would require U.S. counterintelligence officials to get a court order before secretly snooping inside the homes or workplaces of suspected foreign agents or foreign powers."
In her testimony, Gorelick made clear that the president believed he had the power to order warrantless searches for the purpose of gathering intelligence, even if there was no reason to believe that the search might uncover evidence of a crime. "Intelligence is often long range, its exact targets are more difficult to identify, and its focus is less precise," Gorelick said. "Information gathering for policy making and prevention, rather than prosecution, are its primary focus."
The debate over warrantless searches came up after the case of CIA spy Aldrich Ames. Authorities had searched Ames's house without a warrant, and the Justice Department feared that Ames's lawyers would challenge the search in court. Meanwhile, Congress began discussing a measure under which the authorization for break-ins would be handled like the authorization for wiretaps, that is, by the FISA court. In her testimony, Gorelick signaled that the administration would go along a congressional decision to place such searches under the court — if, as she testified, it "does not restrict the president's ability to collect foreign intelligence necessary for the national security." In the end, Congress placed the searches under the FISA court, but the Clinton administration did not back down from its contention that the president had the authority to act when necessary.
Are you talking about the rape and groping claims?
Just because JFK did it, Clinton did and Bush does it (those are three articles I've read), doesn't mean it's Constitutional.
Strange that Bush did not say something about this, if it were real...
Shows that this is not a Democrat/Republican issue but one where DOJ has been trying to grab power for years.
ping
I think they're talking about Clinton using the IRS to audit political enemies...?
FISA wire tap authority to the POTUS was enhanced with the passage of HR 2975 (337-79)and S 1510 (96-1).
"Clinton did it" is a pretty sorry rationale for government spying on American citizens. Clinton did a lot of things that shouldn't have been done.
Where was the "civil liberties" crowd when the Clinton Admin was using US Army tanks to massacre the Branch Davidians, women and children included?
The Constitution has not been in effect since before FDR. Let's not kid ourselves.
They'll back down now. Watch Bill Clinton along with Jimmy Carter announce that what Bush did was wrong... or has it happened already?
I am looking forward to Gorelick writing a letter in support of President Bush's authority. As Jamie says: "The Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes..."
Has it been confirmed this was done on American citizens? On Fox this morning they were saying it had not yet been confirmed these were American citizens, just that they were phone calls coming in to and going out of the US.
This freak of nature needs to be investigated and brought before a Senate committee.
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True. And this is why the "political class" put her on the Commission, to preclude her appearance under oath. They did then, and still do, have alot they want to hide from the public.
His IRS activities are needed, release the entire Barrett report.
[Federal Register page and date: 60 FR 8169; February 13, 1995]
THE WHITE HOUSE
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.
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