Chitra Ragavan in US News and World Report has written about the Bush administration's "fuck the 4th Amendment" claim to have authority for domestic physical searches without a court approved warrant. This is the article discussed by Keith Olbermann and Jonathan Turley in this vid clip noted Friday.
In December, the New York Times disclosed the NSA's warrantless electronic surveillance program, resulting in an angry reaction from President Bush. It has not previously been disclosed, however, that administration lawyers had cited the same legal authority to justify warrantless physical searches. But in a little-noticed white paper submitted by Attorney General Alberto Gonzales to Congress on January 19 justifying the legality of the NSA eavesdropping, Justice Department lawyers made a tacit case that President Bush also has the inherent authority to order such 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."
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let's review
Amendment IV
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.
but Bush and his pet AG Gonzalez claim there is "a consistent understanding"?
"that the president has inherent constitutional authority to" totally disregard the plain text of the 4th Amendment and "conduct warrantless searches and surveillance within the United States for foreign intelligence purposes"?
the US News article neglected to mention that it appears elementary-school level reading comprehension is not a requirement for the Bush DoJ legal authorities
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