Sunday, February 12, 2006

Surveillance Under Carter



Flying like dandelion fluffs through the blogoshere are allegations that Bush's unwarranted surveillance has precedent in the Carter administration. Once taking root as truth in one blog garden it spreads like Kudzu to other right-wing plots and soon gazillions are munching on the bushy accusations.


In fact Carter did authorize needed surveillance (as Bush has every right and the responsibily to do) but specifically instructed that it be done in strict adherance to the FISA law. Carter did exactly what I believe Bush should have done. By the way, reasonable Republicans in the Senate are also pressing for the Bush White House to follow the law.

Here is Carter's specific order:
http://www.fas.org/irp/offdocs/eo12139.htm

Excerpts with my emphasis in red:
1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
is authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order, but only if the
Attorney General makes the certifications required by that Section.
1-104. Section 2-202 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any electronic surveillance, as defined
in the Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this Order.''.

1-105. Section 2-203 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in accordance with that
Act as well as this Order.''.


Now, as someone who has watched Carter since 1966, I trusted that he would not have criticized the Bush order if he had done the same. He is too smart and too detail oriented, not to mention too honest, to let that happen.

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