Making the Illegal Legal

As I watch the news and Congressional testimonies stimulated by the breaking of the Bush NSA program(s), I am both angry and frightened. What started with Bush declaring that he had (and has) "all the authorization he needs" to engage in mass surveillance of citizens, has transformed into "How do we make this legal?". The only actions being taken, is to look into whether the NY Times engaged in criminal acts in informing the people of the activities of the NSA. Attempts to start a probe into the spying activities have been transformed into efforts to ex post facto make it legal. Every effort is being made to make the issue go away. Those concerned are trying to go through the back door in holding hearings on protecting whistleblowers.

The word is that the White House May Compromise On Domestic Spying, by deigning to inform Congress that they are spying. Likewise, Congress is expressing willingness to "compromise" by amending both the USA PATRIOT Act, and FISA to accommodate the indiscriminate surveillance activity.

Capitulation is not compromise.

Even before, September 11, 2001; even before Bush became President, Able Danger was an active operation (see additional information links below). However, as far as we know, even Able Danger did not reach the scope and scale of the revealed NSA activities. Further, the program that Bush has now formally named the "Terrorist Surveillance Program," is only one of the smaller questionable programs that NSA is running.

I believe, based on what we do know about the "Terrorist Surveillance Program" that it clearly violates both the Fourth Amendment, and that no law gives the President the authority to authorize such activities. There is no rationale (in my opinion) that would warrant wide scale indiscriminate spying on the citizenry. To then launch a possible criminal investigation against the media for blowing the whistle does nothing but chill such violations being revealed. It is clear from the testimony of whistleblowers this week (as seen on CSPAN), that the effort is rampant to silence those who would even report questionable activities to their supervisors. Those whistleblowers are being heavily penalized, and painted as disgruntled employees, psychologically unstable, and or traitors.

A question was asked of Attorney General Gonzales of whether the Administration would have ever come to Congress to request law changes regarding surveillance if the NSA activities had not come to light. His response was silence and a smile. Would any reasonable person who values the rights and protections of our Constitution give these people to operate without any oversight whatsoever? I think not.

FISA was modified by the USA PATRIOT Act. The boundaries between FISA and domestic surveillance were grayed, and a 72 hour after the fact warrant provision was added. Bush, and his representatives, have argued that FISA is outmoded, and the USA PATRIOT Act too restrictive, to protect the security of the country. They also then make the argument that they have the authority to do whatever they want under the umbrella of "national security." Both the House and the Senate are now discussing making the illegal legal, is a grave offence against the citizens of the United States.

Able Danger
Able Danger was a Department of Defense covert spying and datamining operation that identified Atta and others prior to 9/11.
Able Danger Blog

Complete 911 Timeline: Able Danger program

Able Danger and 9/11 Heartstrings, Arkin, Wa. Post, 2/16/06.

Able Danger Twenty Questions, O'Connor, Media Is Plural, 1/31/06.

Posted by rowan at February 18, 2006 10:19 AM | [eMail this article!] |