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." (http://www.fas.org/irp/offdocs/eo12139.htm)
Bill Clinton Signed Executive Order that allowed Attorney General to do searches without court approval (http://www.fas.org/irp/offdocs/eo/eo-12949.htm)
WASH POST, July 15, 1994, "Administration Backing No-Warrant Spy Searches": (http://nationalreview.com/york/york200512200946.asp)
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."
Yes, but executive orders have no legal force by themselves, although some do have the force of law when made in pursuance of certain Acts of Congress due to those acts giving the President discretionary powers.
Also, don't executive orders end when the Presidency changes hands? I honestly don't know.... I mean, if they didn't, why hasn't Bush just pointed to the order Carter signed and say "Hey, it wasn't my decision. I'm using what's available."
Frankly, if it had just been international taps, I wouldn't be as worried, although I imagine various foreign powers would be (if it's possible) even more irked at Bush.
Finally, I give you this Bush quote:
Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution.
President Bush - Buffalo, NY - April 20, 2004 (two years after authorizing the NSA wiretaps
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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." (http://www.fas.org/irp/offdocs/eo12139.htm)
Bill Clinton Signed Executive Order that allowed Attorney General to do searches without court approval (http://www.fas.org/irp/offdocs/eo/eo-12949.htm)
WASH POST, July 15, 1994, "Administration Backing No-Warrant Spy Searches": (http://nationalreview.com/york/york200512200946.asp)
no subject
Also, don't executive orders end when the Presidency changes hands? I honestly don't know.... I mean, if they didn't, why hasn't Bush just pointed to the order Carter signed and say "Hey, it wasn't my decision. I'm using what's available."
Frankly, if it had just been international taps, I wouldn't be as worried, although I imagine various foreign powers would be (if it's possible) even more irked at Bush.
Finally, I give you this Bush quote: