Ever wonder how things got so out of control at the NSA?
http://www.redding.com/...
The National Security Agency’s collection of information on Americans’ cellphone and Internet usage reaches far beyond the two programs that have received public attention in recent months, to a presidential order that is older than the Internet itself.
Approved by President Ronald Reagan in 1981, Executive Order 12333 (referred to as “twelve-triple-three”) still governs most of what the NSA does. It is a sweeping mandate that outlines the duties and foreign intelligence collection for the nation’s 17 intelligence agencies. It is not governed by Congress, and critics say it has little privacy protection and many loopholes. What changes have been made to it have come through guidelines set by the attorney general or other documents.
The result is a web of intelligence law so complicated that it stymies even those tasked with interpreting it. As one former executive official said, “It’s complicated stuff.”
Here is the text of the
Order. You won't find much about in
Wikipedia. According to the
McClatchy article above, the Order is what allows our intelligence agencies to operate "outside the confines of a warrant or court order, if approved by the Attorney General."
“The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required,” 12333 reads
Any old technigue for which a good old fashioned warrant would be required.
That would be the 4th Amendment kinda warrant.
And that. my friends, is a license to do anything, anytime, anywhere, to anyone. As long as the AG approves.
While you're digesting that, let's look at some of our illustrious past AG's:
Here's Ed Meese, by remarkable coincidence the "Counselor to the President" at the time this Executive Order was issued. But you know that Saint Ronnie, he of the sublime, undiscovered intelligence, must have reviewed every word.
What exactly was the 'Counselor to the President?" Clark Clifford wrote a book about it which I would recommend. Wikipedia defines it thusly:
The Office of Counsel to the President was created in 1943, and is responsible for advising on all legal aspects of policy questions, legal issues arising in connection with the President's decision to sign or veto legislation, ethical questions, financial disclosures, and conflicts of interest during employment and post employment.
Meese became AG in 1985 but he has a long sordid history before that date. He's a slippery character having wormed his way back into the public sphere as of late. His true claim to fame, however, came during the Great Communicator's first term.
The one-page memorandum listed Meese's responsibilities as:
"Counselor to the President for Policy (with cabinet rank);
[M]ember Super Cabinet Executive Committee (in absence of The President and V-P preside over meetings);
[P]articipate as a principal in all meetings of full Cabinet;
[C]oordination and supervision of responsibilities of the Secretary to the Cabinet; *coordination and supervision of work of the Domestic Policy Studies and the National Security Council;
with Baker coordination and supervision of work of OMB, CEA, CEQ, Trade Rep and S&T; *[P]articipation as principal in all policy group meetings;
[A]ttend any meeting which Pres attends - w/his consent."[12]
No, Mr Meese didn't have anything to do with this Executive Order, did he?
Other AG's you might want to imagine wielding this power? Alberto Gonzales, anyone? John Ashcroft? Michael Mukasey?
According to the article, documents released by Edward Snowden suggest that more than half of the Intelligence agencies' "metadata collection," or spying, is performed under the auspices of 12333, not the Patriot Act or FISA.
The Order was drafted to bolster the authority of an intelligence community rocked by scandal, and legitimize its intelligence activities, particularly those abroad. The Church Committee had uncovered widespread intelligence abuses in the late 1960's and early 70's. In addition to opening Americans' mail (how quaint that seems today!), the CIA came under investigation for its um....zealous involvement in our country's foreign relations:
Among the matters investigated were attempts to assassinate foreign leaders, including Patrice Lumumba of the Democratic Republic of the Congo, Rafael Trujillo of the Dominican Republic, the Diem brothers of Vietnam, Gen. René Schneider of Chile and Director of Central Intelligence Allen Welsh Dulles's plan, approved by the President Dwight D. Eisenhower, to use the Mafia to kill Fidel Castro of Cuba.
But in December, 1981, a new era had arrived. It was "Morning In America." Time to
get serious.
And now we are living with the consequences:
[F]resh assertions of transparency did not resolve other long-standing questions. White House and intelligence spokesmen declined to say whether the NSA has used that authority to collect any other kinds of data about millions of Americans or whether Obama was committed to disclose such collection if he permits it in the future.
Obama avoided almost entirely any discussion of overseas intelligence collection that he authorized on his own, under Executive Order 12333, without legislative or judicial supervision.