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Born at the Crest of the Empire

Friday, March 17, 2006

Warrantless physical searches

Now, it's warrantless physical searches that are justified under the "unitary executive" of wartime. US News and World Report (they still exist?) is releasing a major story tomorrow.

This release was read on Olberman tonight.

Soon after the September 11th 2001 terrorist attacks, lawyers for the White House and the Justice Department argued that the same legal authority that allowed warrantless electronic surveillance inside the United States could also be used to justify physical searches of terror suspects' homes and businesses without court approval.

According to two current and former government officials, the Bush Administration lawyers presented the arguments to senior FBI officials who expressed strong reservations about the proposal.

It could not be determined whether any warrantless physical searches had been carried out under the legal authority cited by the Administration, but at least one defense attorney representing a terrorism suspect has alleged that his law office and home may have been searched without a court warrant.


So, Mr. 30% Bush supporter, the question once again comes to you. Is there anything that Bush could do that could erode your blind support of dear leader? Would you mind bending over for a cavity search every day for the rest of your life? The President says he needs that ability to protect you.

And during this coming argument one of my pet peeves is sure to come out.

No matter what he says, George Bush never took an oath to protect the American people. The oath of office of the President of the United States is to protect the Constitution of the United States. (Article 2, Section 1, Clause 8.)

And, that includes the Fourth Amendment. Unless, of course, the Republican Congress tries to make it retroactively void, like they did with the NSA warrantless wiretapping just yesterday.

8 Comments:

  • Being a two time victim of warrantless searches this news is old news to me. Noone is exempt. If you think so, hide and watch. The terrorists are among us, not some vacuous threat from abroad. W's trillion dollar war on ? makes Stalin and Hitler pale by comparison. Empire, what empire?

    By Anonymous Anonymous, at 1:22 AM  

  • I think history is eventually going to show that the FISA court is an unconstitutional attack on the 4th Amendment. It follows that Bush's claim that he can initiate searches and wiretaps without a warrant is doubly unconstitutional.

    Either that or the 4th Amendment is just an archaic and meaningless paragraph in the Constitution.

    By Blogger NEWSGUY, at 2:25 AM  

  • "Would you mind bending over for a cavity search every day for the rest of your life?"

    I have nothing to hide in any of my cavities! That said, I'm 30% sure my President would never ask such a thing.

    By Blogger Rex Kramer, Danger Seeker, at 11:06 AM  

  • Either that or the 4th Amendment is just an archaic and meaningless paragraph in the Constitution.

    Uh...Wink, I'll take that second thing for $100.

    By Anonymous Anonymous, at 12:49 PM  

  • Hey, RB, welcome. And, certainly warrantless searches have been going on for some time in other flavors, local departments "profiling" blacks for instance, but this is different to me because it is the PResident establishing it as policy.

    And, Newsguy/kvatch. That's the admin's argument right there. FISA is an unconstitutional limit on pres powers, and that a state of war overrides checks and balances.

    I still don't quite see how that's so, but that's their argument.

    Mike

    By Blogger mikevotes, at 1:14 PM  

  • Dear American Folks:

    What's next on the list here, let me see... Just a sec... heh heh...here we go:

    Okay, next week, we'll be quartering troops in your homes. Please, we don't really care for MREs, so have lots of Doritos, frozen pizza, Red Bull, and Lean Pockets, as the teenagers we've been signing up out of high school (what with the cost of tuition and the cuts in Pell Grants and all) really go for that sort of thing.

    Thanks.

    -Emperor George.

    By Blogger QuakerDave, at 10:24 PM  

  • There aren't many rights left to abridge. Maybe the First amendment? Right to assemble peacefully? Or rights of religion or free speech?

    Mike

    By Blogger mikevotes, at 3:24 PM  

  • Maybe the First amendment? Right to assemble peacefully? Or rights of religion or free speech?

    Mike, as I believe you already pointed out in a previous post, the "right of peacable assembly" is finished due to preemptive arrests. Here in Sodom by the Sea, any protest...any...usually engenders a police response of 1 cop for every 2 - 3 protestors. In fact at this mornings anti-war protest in SF the cops were out in force, both on the street and in the adjoining BART station.

    By Anonymous Anonymous, at 2:13 PM  

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