“This report raises serious concerns crucial to the survival of our democracy…If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries.” Then, again, I could be sold on the merits of bar associations…if they continue to call out Dubya for trampling on our Constitution.
Tag: Snoopgate
Here’s to Hamdan.
“If another nation’s leader adopted such positions, the United States would be quick to condemn him or her for violating fundamental tenets of the rule of law, human rights, and the separation of powers. But President Bush has largely gotten away with it, at least at home, for at least three reasons. His party holds a decisive majority in Congress, making effective political checks by that branch highly unlikely. The Democratic Party has shied away from directly challenging the president for fear that it will be viewed as soft on terrorism. And the American public has for the most part offered only muted objections. These realities make the Supreme Court’s decision in Hamdan v. Rumsfeld, issued on the last day of its 2005-2006 term, in equal parts stunning and crucial.” In related news, as seen at both Salon and Mother Jones (as well as the New York Review of Books), author and law professor David Cole underlines the importance of the Hamdan decision in preserving the rule of law and throttling Dubya’s unchecked power grabs of late.
The Specter of Tyranny | King George covers his flank.
“[I]f Specter’s bill prevails, it will amount to a White House masterstroke, precisely what James Madison had in mind when he described the dangers of unchecked rule by one branch of government: ‘the very definition of tyranny.’” Having read the legislation in full, author and wiretap expert Patrick Radden Keefe discovers, perhaps not surprisingly, that Specter’s recent NSA “compromise” is a complete capitulation to executive power. And, in very related news, file this under “repeated injuries and usurpations“: Attorney General Alberto Gonzales testified under oath this week that it was Dubya’s personal decision to close down the Justice Department’s probe into the NSA’s warrantless wiretaps (the one, you may recall, that couldn’t get the security clearances to do its job.)
…and Dubya’s FISA double down.
Meanwhile, in another recent reversal — one likely precipitated by both the Hamdan case and pending lawsuits by the ACLU and others — the Dubya White House agrees to a deal put forth by Arlen “paper tiger” Specter that would put the NSA warrantless wiretaps to a constitutional review by the FISA court. But the trick, as many Dems have pointed out, is under this deal the FISA court would only do a general review of the wiretap program, rather than conduct the individual case-by-case reviews that the law has always demanded: “Sen. Russell Feingold (D-Wis.) criticized the agreement, saying he will oppose ‘any bill that would grant blanket approval for warrantless surveillance of Americans, particularly when this administration has never explained why it believes that current law allowing surveillance of terrorist suspects is inadequate.’“
Spineless Specter, Redux.
“‘You have given up the store,’ complained Sen. Richard Durbin, D-Ill., in denouncing the move. ‘You’re just walking away.‘” Playing true to form, Arlen Specter folds yet again and reverses his earlier promise to make phone companies testify about their role in the NSA’s recent data-mining. “The senator from Pennsylvania acknowledged his reversal was forced upon him by his Republican colleagues in a private session prior to the afternoon hearing.”
Hard Times.
“‘Having been blacklisted from working in television during the McCarthy era, I know the harm of government using private corporations to intrude into the lives of innocent Americans. When government uses the telephone companies to create massive databases of all our phone calls it has gone too far.‘” Author, oral historian, and American institution Studs Terkel is one of six plaintiffs to file a lawsuit against AT&T for their complicity in the NSA master phone database.
Hayden Right?
“Unlike so many of the hacks placed in charge of important government agencies during the past six years, Hayden possesses powerful qualifications for the job…By the admittedly dismal standards of the Bush administration, then, Hayden is an unusually good appointment.” As former NSA head and probable CIA director-to-be Michael Hayden navigates the confirmation process (leaving all his Snoopgate-related answers for the secret session), he procures an endorsement from an unlikely source: Salon‘s Joe Conason: “[D]espite his military uniform, Hayden is likely to be more independent of the Pentagon and the White House than Goss was. It will help that, unlike Goss, he actually knows what he’s doing.” Hmmm. Update: Hayden is through committee on a 12-3 vote. (Feingold, for his part, voted no: “Our country needs a CIA Director who is committed to fighting terrorism aggressively without breaking the law or infringing on the rights of Americans.”
Chinese Phone Tag.
Even more Snoopgate fallout: As last week’s bombshell story in USA Today makes the covers of the major newsweekies, two ABC reporters say their calls to sources are being monitored. “A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources. ‘It’s time for you to get some new cell phones, quick,’ the source told us in an in-person conversation.”
Alarm Call.
“In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. ‘In other words,’ Bush explained, ‘one end of the communication must be outside the United States.’ As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private. Sources, however, say that is not the case.” USA Today unleashes a firestorm in Washington today after the paper uncovers a NSA plan to “create a database of every call ever made.” (Q&A) “With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.“
Dubya’s response? As expected, we’re only going after the bad people. Nevertheless, Dems and even moderate Republicans in Congress are livid over these new revelations, to the point of possibly spiking the Hayden bid for CIA chief. For his part, Senate Judiciary Committee chair Arlen Specter says he’ll chair hearings on the matter, but, really, what else is new? For all his tough talk in the past, so far he’s remained a paper tiger when it comes to curbing Dubya’s imperial pretensions. Still, one would think this stunning leak might breathe new life into Sen. Feingold’s censure resolution, as well as strong congressional legislation that might finally help to redress this administration’s startling contempt for civil liberties. After all abuse and torture, secret and/or illegal gulags, indefinite detentions without cause or charges, extraordinary rendition, and warrantless wiretaps are all one thing…but now you’re hitting most Americans where they live. Update: Or not — A new poll shows Americans surprisingly sanguine about NSA data-mining. Update 2: Or are they?
You need us on that wall.
“This administration thinks they can just violate any law they want, and they’ve created a culture of fear to try to get away with that. It’s up to us to stand up to them.” In very related news, the Justice Department closes its investigation into the NSA warrantless wiretaps because the NSA denied them the necessary security clearances. “We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program…Without these clearances, we cannot investigate this matter and therefore have closed our investigation.”