Over the weekend, The New York Times published a
story saying the President authorized the National Security Agency,
or NSA, to spy on American citizens without first obtaining a warrant.
There is no getting around the fact that this is an illegal activity. It directly violates the
Foreign Intelligence Surveillance Act (FISA) of 1978.
It is against the law.
On Monday, the president admitted that, yep, that's what he ordered them to do, all right. In addition to implying we could all kiss his backside in a televised press conference, he also stated clearly that those who leaked this activity to the New York Times were helping the terrorists!
In short, George W. Bush knows what's good for you, and he is above the law, being a "war time" president, and can do what he wants.
So there!
Now there may be those of you who think I've got it right this time. Some may believe that Bush really does know what's good for America, and that he shouldn't have his hands tied by some liberal law or legal technicality.
Hold that thought.
The law in question, FISA, is really pretty flexible. It actually allows eavesdropping to take place immediately, if the NSA promises to apply for a retroactive warrant within 72 hours. It's sort of like Popeye's friend
Wimpy saying "I'll gladly get a warrant Tuesday, for a wiretap today". Since 1979 it is estimated that of over 1,900 warrants applied for, only 4 or 5 have been turned down. These are estimated figures, since the actual documents, even the names of the judges signing the warrants, are secret.
You would think that getting what they want 499 out of every 500 times is a stat the White House could live with, wouldn't you?
Yet, they prefer to ignore the law that is in place, and you gotta wonder why.
It occurred to me there may be two reasons.
First, it can not be used against American Citizens...period.
The second reason may be explained like this:
NSA---We want a warrent to allow a wire tap on foreign students in Florida.
JUDGE-Which foreign students?
NSA---Why...ALL of 'em...national security reasons, you know.
No judge, not even a secret judge, is going to go along with that. As a matter of fact, one secret judge has
just resigned.
Judges, even secret ones, generally insist on things being neat and tidy. They want details, like who will be under surveillance or what the NSA is specifically looking for.
So the Bush Administration has decided to bypass the judges...and the law.
Yet, you may still not be convinced that this creates a problem for you, as you aren't a foreign student or of Middle Eastern Descent. As I have heard and read countless times, "If I'm not doing anything wrong, then I've got nothing to worry about."
Fine.
Just remember that your president is above the law.
What if this week's target is all the Muslims in America...or all the Jews...or Gays...or Democrats or Liberals. What about the Socialists? ...Pro-Choice activists...Unitarians...Red Sox Fans...Enya fans...are you still OK with that?
What if this current regime begins to fear those who have had real military experience, and decides to focus on former Marines...some of those Militias in the Northwest...or gun owners in general.
What if somebody in the government wants to know how and where you spend your money...or why you have more money to spend than your tax return shows. What if you are OK with the Feds, but your best friend has some "shady" dealings you may not even know about...if they tap his line, they probably ought to tap yours, right?
What if he decides to "rat" you out to save himself? Will somebody be willing to forward your mail to
Gitmo?
Remember, the NSA is not tapping phones and reading e-mail because they are nosey. They are looking to gather "evidence" to build a case...not necessarily one that would hold up in court, but a case just the same.
Could they build one against you? You may not think so, but you really don't know, do you?
Oh, and God help you, if this idea of a Royal Presidency is still in effect when
Hillary is elected in '08.
I know, I know, you think that could never happen...but I've got news for you.
Five years ago, I never thought Losing over 3,000 Americans in one terrorist attack could happen. I never expected to lose another 2,000 in the invasion of a country that had nothing to do with that attack, and I never dreamed I would see some of our service men and women torturing prisoners. Above all, I never expected to see a President publicly state he is above the law, and calling the United States Constitution, by
some reports, nothing but a "goddam piece of paper".
So who do you think they are monitoring to start with, you or me? Actually, with the technology available, they can probably do us both at the same time (me for writing this and you for reading it!).
Let's hope members of Congress from both Parties wake up and take their "Congressional Oversight" duties seriously, before it's too late.
If it isn't already.