Posted on 01/17/2006 2:56:57 PM PST by nwrep
Following is an excerpt of the Op-Ed Clinton's Deputy Atty. General Jamie Gorelick wrote arguing for the Presidential authority to conduct searches without warrants. Freepmail me for the entire Op-Ed.
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The Post's editorial asserts that warrantless searches to gather intelligence on the activities of foreign powers or their agents in the United States are "sharply at odds with the Fourth Amendment.
The federal courts of appeal have recognized that such searches, carried out since the earliest days of our republic, are a valid exercise of the president's constitutional responsibilities to conduct foreign affairs and protect national security and fall within an exception to the Fourth Amendment's warrant requirement.
Electronic surveillance and physical searches of property provide critical information about the conduct of foreign powers that threaten our national security. They were instrumental in stopping Aldrich Ames and the Walker spy ring. They have frustrated terrorist plots to strike targets within the United States.
It is critical to the success of such operations that the hostile power remain unaware that its activities have been discovered. Criminal warrant requirements would negate the purpose of the search. In addition, these searches often must be conducted before the government has enough information about the activities under investigation to specify precisely what would be found in the premises to be searched -- which is a requirement for a criminal warrant.
PING
link for proof, please. no suprises if true.
no links for Post Archives.
Ultimately, it seems this case is destined for the Roberts Court.
Good find!
But...but...but, it's not the same thing. Just ask Alan Colmes.
Hmmm. Good catch. Very nice.
You are the bomb! I knew somebody would find this!!!
Algore concurred, I'm quite sure.
Well, it was Aldrich Ames, and the "wiretapping" was done under a FISA warrant, and the FISA law had no provision for a warrantless physical entry. But other than that, yeah, you're right.
You had better print entire copies since it might not be long before the archived op-ed goes missing.
Bump.
Get your head out the sand,nwrep!
(end sarcasm)
http://www.cato.org/pubs/pas/pa-271.html
ping
Very, very impressive. Can we have the citation, please?
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