Post by Fusioner on Feb 28, 2006 20:46:02 GMT -5
Your confusion or ignorance regarding FISA during the Clinton Administration stems from the fact that FISA regulations were changed after the Ames searches and arrests –
"you assume that the search warrant applies to the searches conducted on ames' home. you don't know. and jaime gorlick argued that the admin had the "inherent auhtprity" to conduct warrantless searches for foriegn intellignece."
When Gorelick testified before the House Intelligence Committee in 1994 that the president had the “inherent authority to conduct warrantless physical searches,” FISA did not apply to physical searches for foreign intelligence purposes. A year later, Congress — with Clinton’s support — amended FISA to require court orders for physical searches. The Clinton administration thereafter never argued that any “inherent authority” pre-empted the new warrant requirements for physical searches under FISA.
The Bush administration, on the other hand, has argued that it had the authority to authorize the National Security Agency (NSA) to eavesdrop on domestic communications without warrants, despite FISA’s clear restrictions on warrantless electronic eavesdropping.
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Some notes on the Ames defense for warrantless intrusions.
1) FISA was not in effect at the time of the Ames investigation I do not believe.
2) Ames was an employee of the CIA. He signed away some civil rights as part of his employment agreement and security clearance. He knew he could be investigated without court orders, he gave permission.
"you assume that the search warrant applies to the searches conducted on ames' home. you don't know. and jaime gorlick argued that the admin had the "inherent auhtprity" to conduct warrantless searches for foriegn intellignece."
When Gorelick testified before the House Intelligence Committee in 1994 that the president had the “inherent authority to conduct warrantless physical searches,” FISA did not apply to physical searches for foreign intelligence purposes. A year later, Congress — with Clinton’s support — amended FISA to require court orders for physical searches. The Clinton administration thereafter never argued that any “inherent authority” pre-empted the new warrant requirements for physical searches under FISA.
The Bush administration, on the other hand, has argued that it had the authority to authorize the National Security Agency (NSA) to eavesdrop on domestic communications without warrants, despite FISA’s clear restrictions on warrantless electronic eavesdropping.
****
Some notes on the Ames defense for warrantless intrusions.
1) FISA was not in effect at the time of the Ames investigation I do not believe.
2) Ames was an employee of the CIA. He signed away some civil rights as part of his employment agreement and security clearance. He knew he could be investigated without court orders, he gave permission.
