'Warrantless' searches not unprecedentedBreaking News
More recently, the U.S. Foreign Intelligence Surveillance Court -- the secretive judicial system that handles classified intelligence cases -- wrote in a declassified opinion that the court has long held "that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information."
Such warrantless searches have been at the center of a political fight in Washington after the New York Times reported Friday that the Bush administration had a program to intercept communications between al Qaeda suspects and persons in this country, a story whose publication coincided with the congressional debate over reauthorizing the USA Patriot Act.
In a 2002 opinion about the constitutionality of the Foreign Intelligence Surveillance Act (FISA) and the USA Patriot Act, the court wrote: "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power."
Indeed, previous administrations have used that same authority.
One of the most famous examples of warrantless searches in recent years was the investigation of CIA official Aldrich H. Ames, who ultimately pleaded guilty to spying for the former Soviet Union. That case was largely built upon secret searches of Ames' home and office in 1993, conducted without federal warrants.
In 1994, President Clinton expanded the use of warrantless searches to entirely domestic situations with no foreign intelligence value whatsoever. In a radio address promoting a crime-fighting bill, Mr. Clinton discussed a new policy to conduct warrantless searches in highly violent public housing projects.
Previous administrations also asserted the authority of the president to conduct searches in the interest of national security.
In 1978, for instance, Attorney General Griffin B. Bell testified before a federal judge about warrantless searches he and President Carter had authorized against two men suspected of spying on behalf of the Vietnam government.
That same year, Congress approved and Mr. Carter signed FISA, which created the secret court and required federal agents to get approval to conduct electronic surveillance in most foreign intelligence cases. ...
comments powered by Disqus
Eric Vondy - 12/23/2005
This article is incorrect. Although reported widely, everywhere from Drudge Report to the GOP's own website, Clinton and Carter did not authorize surveillance on US citizens without court orders. Their Executive Orders refer back to the original FISA which contains the following: "there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party" It can be found here:
Lorraine Paul - 12/23/2005
- Abraham Lincoln's Emancipation Proclamation among documents sold for $6.2m in New York
- Family shines light on American POW killed by Hiroshima blast
- In Hiroshima 71 years after first atomic strike, Obama calls for end of nuclear weapons
- Artist Corrects Inaccuracies At The George W. Bush Library With Augmented Reality
- “Unprecedented” discovery of mysterious structures created by Neanderthals
- History Relevance Campaign meets at the Smithsonian
- Bernard Lewis Turns 100
- David Lowenthal, author of "The Past Is a Foreign Country,” says it’s folly to scratch the names of slaveholders off buildings
- Jean Edward Smith, biographer of FDR and Ike, has a new biography coming out … of George W. Bush
- Flora Fraser, biographer of George and Martha Washington, wins $50,000 George Washington Prize