From: "Randy H" 

Fact Check: Clinton/Carter Executive Orders Did Not Authorize Warrantless
The top of the Drudge Report claims “CLINTON EXECUTIVE ORDER: SECRET SEARCH
ON AMERICANS WITHOUT COURT ORDER…” It’s not true. Here’s the breakdown –
What Drudge says:

  Clinton, February 9, 1995: “The Attorney General is authorized to approve
physical searches, without a court order”

What Clinton actually signed:

  Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the
[Foreign Intelligence Surveillance] 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.

That section requires the Attorney General to certify is the search will
not involve “the premises, information, material, or property of a United
States person.” That means U.S. citizens or anyone inside of the United
States.

The entire controversy about Bush’s program is that, for the first time
ever, allows warrantless surveillance of U.S. citizens and other people
inside of the United States. Clinton’s 1995 executive order did not
authorize that.

Drudge pulls the same trick with Carter.

What Drudge says:

  Jimmy Carter Signed Executive Order on May 23, 1979: “Attorney General is
authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order.”

What Carter’s executive order actually says:

  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.

What the Attorney General has to certify under that section is that the
surveillance will not contain “the contents of any communication to which a
United States person is a party.” So again, no U.S. persons are involved.




"Gary Britt"  wrote in message
news:43a8d996$1{at}w3.nls.net...
> Read 'em and weep boys:  I wonder how Carl Levin, Russ Feingold, and
> Barbara
> Boxer are going to explain this to the American People.
>
> Next on Drudge.  Monkeys spotted flying out of the Ass of Harry Reid.
> Film
> at 11:00!!!!!!!!!!!!   LOL
>
> From Drudge:
>
>
> CLINTON ADMINISTRATION SECRET SEARCH ON AMERICANS -- WITHOUT COURT ORDER
>
> CARTER EXECUTIVE ORDER: 'ELECTRONIC SURVEILLANCE' WITHOUT COURT ORDER
>
> Bill Clinton Signed Executive Order that allowed Attorney General to do
> searches without court approval
>
> Clinton, February 9, 1995: "The Attorney General is authorized to approve
> physical searches, without a court order"
>
> Jimmy Carter Signed Executive Order on May 23, 1979: "Attorney General is
> authorized to approve electronic surveillance to acquire foreign
> intelligence information without a court order."
>
> WASH POST, July 15, 1994: Extend not only to searches of the homes of U.S.
> citizens but also -- in the delicate words of a Justice Department
> official -- to "places where you wouldn't find or would be unlikely to
> find
> information involving a U.S. citizen... would allow the government to use
> classified electronic surveillance techniques, such as infrared sensors to
> observe people inside their homes, without a court order."
>
> Deputy Attorney General Jamie S. Gorelick, the Clinton administration
> believes the president "has inherent authority to conduct warrantless
> searches for foreign intelligence purposes."
>
> Secret searches and wiretaps of Aldrich Ames's office and home in June and
> October 1993, both without a federal warrant.
>
>

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