Archive for December, 2005

Dick Morris on the political impact of the spy story: Drudge

21 December, 2005
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Dick Morris posted on Drudge DICK MORRIS: SPY STORY COULD BITE DEMS December 21, 2005 — Whom did the Valerie Plame leak hurt? Valerie, who went from undercover to on the cover when she posed for Vanity Fair? Joe Wilson, who got a best-selling book out of the deal? The current leak, however, of classified material relating to National Security Agency tactics in intercepting conversations between people abroad and those within the United States is a vastly serious proposition that may have materially compromised investigations in progress and tipped terrorists off to our methods so that they can hide among us undetected. This leak, far more than the Valerie Plame incident, deserves a full investigation to identify who spilled the beans and to whom and how. The consequences of this leak alone merit an independent investigation and, perhaps, a trial for treason. Why does Bush need to use taps without warrants in the fight on terror? The answer is obvious: We often don’t know who or what we are looking for. Our analysts’ best hope of catching and exposing terror plots against us lies in combing the airwaves, listening for suspicious words and phrases or patterns. Unlike criminal investigations, which Continue reading →

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DRUDGE on previous presidents’ approaches to searches without court orders

20 December, 2005
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DRUDGE REPORT 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. END DRUDGE REPORT 12/20/2005

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Presidents Carter & Clinton’s E.O.s on Searches

20 December, 2005
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President Clinton’s Executive Order 12949 Drudge: Bill Clinton Signed Executive Order that allowed Attorney General to do searches without court approval… [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 Continue reading →

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