DRUDGE: EXECUTIVE ORDER 12949 (No-warrant searches authorized by Bill Clinton in 1995)

fas,org ^ | 2/9/95 | The White House

[WhistlingPastTheGraveyard]

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.

[DoughtyOne]

But, but, but, but... Bush lied. LMAO

[shield]

I'm sure this is NO secret the senate knows. I don't know about you but I'm calling and faxing the senators tomorrow. I'm also calling the WH and Karl Rove's office again. DOJ is also on my list.

[lawnguy]

"THE LEAKER IS JAY ROCKEFELLER. PAT BUCHANAN JUST TALKED ABOUT THIS...HE SAYS HE'S BEEN LEAKING CLASSIFIED INFO ALL THROUGH THE WAR. HE SAYS HE MUST BE REMOVED FROM OFFICE."

That's what I would call unequivocal. Too bad Pat has squandered so much credibility.

[Cboldt]

See also part 2.5 of EO 12333 (Reagan) and http://www.cdi.org/terrorism/presidential-orders.cfm for a list of all sorts of EO's relating to Terrorism.

[meisterbrewer]

What the left says is different about this is that Clinton presumably didn't use warrantless wiretaps against Americans. Except that he did. Aldrich Ames.

Physical searches weren't covered by FISA until 1995. Ames' search was prior to the addition. Doesn't make it any better, but it wasn't illegal at the time.

[b4its2late]

Clinton must've found the time to sign this in between Lewinsky's....

[kcvl]

Bill Clinton the man who found 200 FBI files in his basement and used them to internally spy on his political enemy's.

And used the IRS to have them audited! Guess who is trying to cover up that report (the "American People" paid for!)?!!! RATS!

[b4its2late]

See Link @ 64. I was missing one 3 number in the number I gave to you. Ooops, sorry.

[mikrofon]

I guess the Dim's are basically saying that X42 was impeached for the wrong reasons...

[Peach]

The Ames matter included wiretaps, not just physical searches.

[Cboldt]

That is why this particular EO does NOT support the premise that President Bush could order warrantless searches against US Citizens. And that is why the White House and others are not pointing to this EO. There are other avenues to supporting the searches, however.

-bump-

Readers should avail themselves of the link you provided, too. The authority for the warrantless searches is found in a place other than the FISA statutes.

[meisterbrewer]

Better see my post #50 before you fax to anyone. The FISA section the AG must certify specifically says the AG, in writing, under oath, certifies "there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person."

[nodumbblonde]

ping for later

[Peach]

Thank you!

[jwalsh07]

Warrantless searches at the border have been the law of the land for as long as I have been traveling internationally, war or no war. Perhaps we should impeach Congress en masse.

[meisterbrewer]

Readers should avail themselves of the link you provided, too. The authority for the warrantless searches is found in a place other than the FISA statutes.

Thanks for the bump. Just wanted to make sure we were making logical arguments and not citing the wrong law or EO as justification.

The Kerr analysis is excellent. Cited again here:

Orin Kerr's analysis at Volokh Conspiracy

[shield]

Why would that matter...you still can't give out classified information to who ever you wish to as Jay Rockefeller has.

[meisterbrewer]

Why would that matter...you still can't give out classified information to who ever you wish to as Jay Rockefeller has.

Absolutey agree. Nothing in my post was meant to suggest that Rockefeller hadn't broken several laws and should be accountable. My post addressed the fact that the EO posted in this thread does not support warrantless searches as many think it does.

[bray]

Tho Old York Times, BJ and Al Queda are on the same side. The Leaker and Reporter should be hanging from a Lamppost!

Pray for W and Our Freedom Fighters

[Cboldt]

Better see my post #50 before you fax to anyone. The FISA section the AG must certify specifically says the AG, in writing, under oath, certifies "there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person."

The popular FR thought is that a person is converted from an 1801(i) "United States Person" into an 1801(a)(1), (2) or (3) "Foreign power."

I've tended toward a hands-off approach to the matter of changing minds here, preferring instead to read around in order to learn a bit. I figure one post of a position (followed by corrections and clarifications as education progresses) is enough. FReepers are adults, and can manage just fine.