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Wednesday, December 21, 2005 

A Copy of The Executive Order For Non-Court Ordered Searches

Click the Title, or HERE to go to actual original:

[Federal Register page and date: 60 FR 8169; February 13, 1995]


Office of the Press Secretary


For Immediate Release February 9, 1995

- - - - - - -

By the authority vested in me as President by the Constitutionand the laws of the United States, including sections 302 and 303 of theForeign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801,et seq.), as amended by Public Law 103- 359, and in order to provide forthe authorization of physical searches for foreign intelligence purposesas set forth in the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the Act, theAttorney General is authorized to approve physical searches, without acourt order, to acquire foreign intelligence information for periods ofup to one year, if the Attorney General makes the certificationsrequired by that section.

Sec. 2. Pursuant to section 302(b) of the Act, the AttorneyGeneral is authorized to approve applications to the ForeignIntelligence Surveillance Court under section 303 of the Act to obtainorders for physical searches for the purpose of collecting foreignintelligence information.

Sec. 3. Pursuant to section 303(a)(7) of the Act, the followingofficials, each of whom is employed in the area of national security ordefense, is designated to make the certifications required by section303(a)(7) of the Act in support of applications to conduct physicalsearches:
(a) Secretary of State;
(b) Secretary of Defense;
(c) Director of Central Intelligence;
(d) Director of the Federal Bureau of Investigation;
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense; and
(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in thatcapacity, may exercise the authority to make the above certifications,unless that official has been appointed by the President, by and withthe advice and consent of the Senate.

February 9, 1995.

And you thought it was a Bush thing.... does this change the "outrage" you feel?
If you are feeling really frisky, HERE is one by Jimmy Carter, authorizing electronic surveillance with no court order. It doesnt make it right, but it does mean that, once again, those fun loving Senate Democrats are parading around for the cameras, and not for principles.