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Dead Constitution
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Title: Masterful Spin at LP
Source: LP and Captains Quarters
URL Source: http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=129152
Published: Feb 12, 2006
Author: Captains Quarters
Post Date: 2006-02-12 11:18:09 by avian virus
Keywords: Masterful, Spin
Views: 224
Comments: 32

As everyone knows, I am an aficionado of well executed spin and half truths.

I saw a masterful example this morning on LP at the following link:

http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=129152

Note what the the article says:

Sometime in the early 1970s Carter spied on two Vietnamese - while they were overseas if my memory serves me correctly.

In 1977, the two men challenged the spying and Carter's actions were upheld for the specific case.

One year later, in 1978, Congress passed FISA to place standards and procedures on this sort of thing.

Bush ignored these standards and procedures.

The maxim that statute overrules precedent is ignored by the authors of the article. Completely ignored.

The article is written in a tortured, turgid style that leaves the casual reader with the impression that somewhere there has been a groundbreaking case that exonorates Bush.

There hasn't been.

Coldly calculated and deliberate propaganda at its finest.

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Begin Trace Mode for Comment # 32.

#1. To: avian virus (#0)

Good to see you again avian virus!

Top 12 media myths and falsehoods on the Bush administration's spying scandal

That's MYTH #4:

4: Clinton, Carter also authorized warrantless searches of U.S. citizens

Another tactic conservatives have used to defend the Bush administration has been to claim that it is not unusual for a president to authorize secret surveillance of U.S. citizens without a court order, asserting that Democratic presidents have also done so. For example, on the December 21 edition of Fox News's Special Report, host Brit Hume claimed that former presidents Jimmy Carter and Bill Clinton issued executive orders "to perform wiretaps and searches of American citizens without a warrant."

But as the ThinkProgress weblog noted on December 20, executive orders on the topic by Clinton and Carter were merely explaining the rules established by FISA, which do not allow for warrantless searches on "United States persons." Subsequent reports by NBC chief foreign affairs correspondent Andrea Mitchell and The Washington Post also debunked the conservative talking point while noting that the claim was highlighted in the December 21 RNC press release.

From ThinkProgress, which documented how internet gossip Matt Drudge selectively cited from the Clinton and Carter executive orders to falsely suggest they authorized secret surveillance of U.S. citizens without court-obtained warrants:

What Drudge says:

Clinton, February 9, 1995: "The Attorney General is authorized to approve physical searches, without a court order"

What Clinton actually signed:

Section 1. Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] 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.

That section requires the Attorney General to certify is the search will not involve "the premises, information, material, or property of a United States person." That means U.S. citizens or anyone inside of the United States.

The entire controversy about Bush's program is that, for the first time ever, allows warrantless surveillance of U.S. citizens and other people inside of the United States. Clinton's 1995 executive order did not authorize that.

Drudge pulls the same trick with Carter.

What Drudge says:

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."

What Carter's executive order actually says:

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.

What the Attorney General has to certify under that section is that the surveillance will not contain "the contents of any communication to which a United States person is a party." So again, no U.S. persons are involved.

robin  posted on  2006-02-12   11:21:11 ET  Reply   Untrace   Trace   Private Reply  

Excellent catch! I didn't go that deep into the matter.

SKYDRIFTER  posted on  2006-02-12   11:27:54 ET  Reply   Untrace   Trace   Private Reply  

I met and had dinner with a friend of yours last night and we talked about you. Chris Emery. Really sharp guy. Phil Jayhan from http://letsroll911.com was also there. Great conversation! I think Phil is going to register here soon. I'm going to Jack Blood's get together with his forum pals and Phil will be there again. I'm going to try to get all these guys on 4 too. :P

christine  posted on  2006-02-12   11:31:40 ET  Reply   Untrace   Trace   Private Reply  

I met and had dinner with a friend of yours last night and we talked about you.

WOW!

Chris is top notch; no questions.He is to the OKC bombing, as I am to 9-11.

My encounters with Phil are on par with BAC. He may have learned something, though. We'll see. I suspect he didn't have much to say about me, though.

SKYDRIFTER  posted on  2006-02-13   0:12:30 ET  Reply   Untrace   Trace   Private Reply  

Well, the "pod" issue came up, but nothing negative was said..just that you and he are in disagreement about its existence.

christine  posted on  2006-02-13   17:40:40 ET  Reply   Untrace   Trace   Private Reply  

        There are no replies to Comment # 32.

End Trace Mode for Comment # 32.

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