Tuesday, August 7, 2007
While Constitutional experts and even sectors of the corporate mainstream media have denounced the latest power grab by the Bush administration as "unnecessary and highly dangerous", the President himself has confirmed that he will seek even more authority from Congress and will attempt to pass more legislation aimed at granting the government unquestionable power over the people.
Legislation signed Sunday gives the government the green light to install permanent backdoors in communications systems that allow warrantless wiretapping of American citizens, a blatant violation of the 4th amendment.
The administration has a 6 month window in which to impose any surveillance program it chooses and that program will go unchallenged and remain legally binding in perpetuity - it cannot be revoked. Under the definitions of the legislation, Bush has been granted absolute dictator status for a minimum of 6 months, dovetailing with a recent Presidential Decision Directive that also appoints Bush as a supreme dictator during an announced emergency.
The bill was passed on Friday after the president jawboned Congress, saying lawmakers could not leave for their August recess at the weekend unless they "pass a bill that will give our intelligence community the tools they need to protect the United States."
Despite these huge freedom crushing steps, Bush says he is not done:
"While I appreciate the leadership it took to pass this bill, we must remember that our work is not done," Bush said in his Sunday statement. "This bill is a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law."
The statement continues:
"When Congress returns in September the Intelligence committees and leaders in both parties will need to complete work on the comprehensive reforms requested by Director McConnell, including the important issue of providing meaningful liability protection to those who are alleged to have assisted our Nation following the attacks of September 11, 2001."
This basically means that the administration will push for liability for ISP's and cell phone companies in order to head off court cases brought by the ACLU and others, including retroactive protection which would neutralize all attempts to challenge the administration's wiretapping activities spanning back to 9/11.
Constitutional expert and Yale Law Professor Jack Balkin has slammed the statement and pointed out the use of Orwellian doublespeak by Bush whereby he effectively admits to breaking the law and illegally spying on American citizens without actually saying so:
"Apparently 'allegedly helped us stay safe' is Bush Administration code for telecom companies and government officials who participated in a conspiracy to perform illegal surveillance... Because what they did is illegal, we do not admit that they actually did it, we only say that they are alleged to have done it."
As the popular left leaning blog Think Progress has pointed out, even the corporate controlled mainstream media has editorialized against the FISA legislation, with the New York Times today calling it an “unnecessary and dangerous expansion of President Bush’s powers.”:
A skittish Congress allowed itself to be stampeded last week into granting the president unfettered surveillance power. When it returns to Washington, it should do what it can to make sure that the sun goes down on this flawed measure.
To call this legislation ill-considered is to give it too much credit: It was scarcely considered at all. Instead, it was strong-armed through both chambers by an administration that seized the opportunity to write its warrantless wiretapping program into law — or, more precisely, to write it out from under any real legal restrictions.
While serving little purpose, the new law has real dangers. It would allow the government to intercept, without a warrant, every communication into or out of any country, including the United States. Instead of explaining all this to American voters — the minimal benefits and the enormous risks — the Democrats have allowed Mr. Bush and his fear-mongering to dominate all discussions on terrorism and national security.
You know something’s wrong with this Congress when a Democratic champion of privacy rights feels compelled to vote for Republican legislation that compromises those rights. That’s what California Sen. Dianne Feinstein did last week when she joined a stampede to approve a temporary “fix” sought by the Bush administration in a law governing electronic surveillance.
No-limits spying is on a roll. In rushed votes, both the House and Senate meekly accepted a White House plan to vastly expand phone and e-mail eavesdropping. The changes were sold as a key step in tracking foreign terrorists and their allies on American soil. But the shift guts any semblance of oversight, leaving the picking and choosing of targets to spy agencies.
The administration maintains that technological changes have created problems with the 1978 law. But never has Bush demonstrated why the terms of that law, which permitted officials to get warrant approvals up to 72 hours after they started a wiretap, are no longer workable. This and other questions could have been answered if Congress had demanded an open debate on the administration’s bill. Its failure to do so is a shameful abdication of its own responsibility. It’s difficult to maintain a system of checks and balances when one branch simply checks out.
Now the authority to approve wiretaps rests with the attorney general - hardly a reassuring prospect given Alberto Gonzales’ performance in that office - and the director of national intelligence. … Given the administration’s expansive view of its own powers, this FISA rewrite could allow much wider eavesdropping, with little outside oversight.
After the 9/11 attacks, President Bush did an end run around the Foreign Intelligence Surveillance Act of 1978, which prohibits eavesdropping on Americans without judicial oversight. Instead of going to Congress to change the law, Bush decided to simply monitor without warrants the international phone calls and e-mails of people inside the United States. Six years later, the Bush administration belatedly has gone to Congress. But instead of promoting modernization in the law, the administration has ginned up new fears about terrorist attacks and cowed Congress into passing hasty, ill-considered changes.
The redeeming aspect of the political theater involving Americans’ rights to privacy is that Congress wrote itself an option for a better ending in six months.The latest power grabs represent a move to legalize already existing covert programs that are in direct violation of the Constitution of the United States. The neocon administration has brought its crimes out into the open and the puppet Congress, rather than holding it accountable, is actively legalizing criminality.