News > Politics > Attorney General Wipes Ass With 4th Amendment

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MONDAY MARCH 20 2006 8:35 PM

Attorney General Wipes Ass With 4th Amendment

Submitted by Shal

Edited by Shal

Just as a refresher for all you Constitutionally-challenged types, here's the 4th Amendment to the Constitution of the United States of America:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Justice Department has decided to throw that right out the window. In a little-publicized paper submitted to Congress defending warrantless spying on United States citizens, Attorney General Alberto Gonzales has made the claim that the President can break the 4th Amendment at will by ordering secret warrantless physical searches.

In order to fulfill his duties as commander in chief, the 42-page white paper says, "a consistent understanding has developed that the president has inherent constitutional authority to conduct warrantless searches and surveillance within the United States for foreign intelligence purposes." The memo cites congressional testimony of Jamie Gorelick, a former deputy attorney general in the Clinton administration, in 1994 stating that the Justice Department "believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes."

John Martin, a former Justice Department attorney who prosecuted the two most important cases involving warrantless searches and surveillance, says the department is sending an unambiguous message to Congress. "They couldn't make it clearer," says Martin, "that they are also making the case for inherent presidential power to conduct warrantless physical searches."

The Director of the Federal Bureau of Investigation quite rightly strongly opposes using his agents for secret warrantless "black bag jobs."

FBI Director Robert Mueller was alarmed by the proposal, the two officials said, and pushed back hard against it. "Mueller was personally very concerned," one official says, "not only because of the blowback issue but also because of the legal and constitutional questions raised by warrantless physical searches."

If evidence gathered during a warrantless physical search of a location was entered into a court case against a suspect, the entire case could be thrown out. But hey, that's why we have those secret military tribunals now, right?

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Comments

Aaron

Shakopee, MN

July 2004

MAR 20, 2006 08:50 PM

See Shalome, the terrorists hate our freedom, we're freedom lovers they're freedom haters...

pogojoe

USA

March 2004

MAR 20, 2006 08:55 PM

War Is Peace
Freedom Is Slavery
Ignorance Is Strength

seanvegas

Lincoln, NE

December 2004

MAR 20, 2006 08:55 PM

"In order to fulfill his duties as commander in chief,"

As "commander in chief" as our President as the man leading and representing the U.S.A. to the rest of the world, it's his duty to obey the fucking constitution!

Infra

La Crosse, WI

November 2003

MAR 20, 2006 09:05 PM

Hmmm. I found this part particularly interesting:

Mueller has been criticized by some agents for being too close to the White House. His predecessor, Louis Freeh, made his break publicly from President Clinton, even returning his White House security access badge. Until recently, Mueller reported to the White House daily to brief Bush and Cheney. But Mueller has not shied away from making tough decisions. He refused to allow FBI agents to participate in CIA and Defense Department interviews of high-value prisoners because of the administration's use of aggressive interrogation techniques. In Iraq and at the Pentagon-run camp for terrorism suspects at Guantanamo Bay, Cuba, it has been FBI agents who have called attention to what they viewed as abuse of detainees.

It is unclear how much resistance from the FBI the White House and the Justice Department will be willing to brook. What is clear, however, is the extraordinary extent to which officials in both places inject themselves in the bureau's operations. In late 2004, President Bush asked then FBI Deputy Director Bruce Gebhardt, filling in for Mueller during the daily White House briefings, minute details about a suspected terrorism threat in Kansas. "Don't worry, Mr. President," responded Gebhardt, straight-faced. "We have Kansas surrounded."

Considering that the fourth priority of the FBI is to "Combat public corruption at all levels," one must wonder how wide the gap between these offices is going to become, and whether that might be the reason why there's such a gap there now.

scorp17yh

Brookings, OR

November 2004

MAR 20, 2006 09:06 PM

I refuse to consent to any search of my premises, the location of my arrest, my car or effects. I wish to exercise my rights under the Fith and Sixth Amendments to remain silent and to have my attorney present during any questioning or lineup. If you ingnore my exercise of these rights and attempt to procure a waiver, I wish to confer wth my Attorney prior to any conversation with law enforcement agents on the subject of waiver.