With 7 Minutes of Dissent Left, Here’s the New Physical Search Law
Only 15 minutes total have been provided for any dissenters against H.R. 6304 in the Congress to identify problems with the bill. Only 7 minutes of those are left for dissent to occur.
With so few minutes left for dissent, here is part of your new law, the part that authorizes physical searches without warrants, limited only by the same Attorney General who decides to search you, your house, or your property:
(e)(1) Notwithstanding any other provision of this title, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—
(A) reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;
(B) reasonably determines that the factual basis for issuance of an order under this title to approve such physical search exists;
(C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such authorization that the decision has been made to employ an emergency physical search; and
(D) makes an application in accordance with this title to a judge of the Foreign Intelligence Surveillance Court as soon as practicable, but not more than 7 days after the Attorney General authorizes such physical search.
(2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this title for the issuance of a judicial order be followed.
(3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
(4) A denial of the application made under this subsection may be reviewed as provided in section 103.
(5) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
(6) The Attorney General shall assess compliance with the requirements of paragraph (5).
Did you follow that? Let me translate it for you:
If the President’s Attorney General determines there is an emergency, then the President’s agents can engage in a physical search of anyone without a warrant, and continue that search for up to seven days. If after the fact a FISA court judge determines that the physical search without a warrant was inappropriate, the Attorney General can use any information obtained in the search anyway, so long as the Attorney General says it is necessary to protect someone somewhere from death or harm. It’s up to the Attorney General to determine whether the Attorney General’s judgment in this matter is sound.
That’s a recipe for the unlimited power for the President (through the Attorney General) to search anyone, anywhere without warrants and without limitation except such limitations as the Attorney General chooses to apply to him- or her-self.
That’s a violation of the Fourth Amendment to the United States Constitution.
That’s a recipe for tyranny.