DEBUNKING THE EXECUTIVE ORDER MYTH: Conservative activist Matt Drudge yesterday posted the following headline on his popular website: "Clinton Executive Order: Secret Search on Americans Without Court Order." This is false. Drudge highlights one sentence from an executive order issued by President Clinton in February 1995: "The Attorney General is authorized to approve physical searches, without a court order." But the order also includes the following text: "Pursuant to section 302(a)(1) [50 U.S.C. 1822(a)] of the [Foreign Intelligence Surveillance] Act (FISA), 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 of FISA requires the Attorney General to certify that 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. In stark contrast, Bush’s program permits, for the first time ever, warrantless surveillance of U.S. citizens and other people inside of the United States. Neither Clinton’s 1995 executive order, nor President Carter's 1979 executive order (which Drudge also claims allows warrantless searches of Americans) authorizes that.
American Progress Report
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