- Here's what Clinton signed:
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- Section 1. Pursuant to section 302(a)(1) <50 U.S.C.
1822(a)> 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.
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- You don't have to be a lawyer to understand that Clinton
allowed warrantless searches if and only if the AG followed section 302(a)(1).
What does section 1822(a) require?
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- the "physical search is solely directed at premises,
information, material, or property used exclusively by, or under the open
and exclusive control of, a foreign power or powers." Translation:
You can't search American citizens.
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- and there is "no substantial likelihood that the
physical search will involve the premises, information, material, or property
of a United States person." Translation: You can't search American
citizens.
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- Moreover, Clinton's warrant waiver consistent with FISA
refers only to physical searches. "Physical searches," as defined
by 1821(5), exclude electronic surveillance.
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- http://www.dailykos.com/
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