It's A Great Day

Al Gore would have some valid points regarding President Bush's abuse of power except for the unpleasant fact that when he was in office his administration did exactly the same thing - years before 09/11/01. Consider this from Tim Lynch's 1997 policy report entitled "Dereliction Of Duty: The Constitutional Record of President Clinton,"

The Clinton administration claims that it can bypass the warrant clause for "national security""purposes. In July 1994 Deputy Attorney General Jamie S. Gorelick told the House Select Committee on Intelligence that the president "has inherent authority to conduct warrantless searches for foreign intelligence purposes." According to Gorelick, the president (or his attorney general) need only satisfy himself that an American is working in conjunction with a foreign power before a search can take place.

The warrant clause was designed to give the American people greater security than that afforded by the mere words of politicians. It requires the attorney general, or others, to make a showing of "probable cause" to a magistrate. The proponents of national security searches are hard-pressed to find any support for their position in the text or history of the Constitution. That is why they argue from the "inherent authority" of the Oval Office--a patently circular argument. The scope of such "authority" is of course unbounded in principle. Yet the Clinton Justice Department has said that the warrant clause is fully applicable to murder suspects but not to persons suspected of violating the export control regulations of the federal government. If the Framers had wanted to insert a national security exception to the warrant clause, they would have done so. They did not.

The Clinton administration's national security exception to the warrant clause is nothing more, of course, than an unsupported assertion of power by executive branch officials. The Nixon administration relied on similar constitutional assertions in the 1970s to rationalize "black bag" break-ins to the quarters of its political opponents. The Clinton White House--even after the Filegate scandal--assures Congress, the media, and the general public that it has no intention of abusing this power.

Attorney General Reno has already signed off on the warrantless search of an American home on the basis of the dubious "inherent authority" theory. The actual number of clandestine "national security" searches conducted since 1993 is known only to the White House and senior Justice Department officials.

How soon they forget.

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