President Ordered NSA to Spy on Americans without Warrants

The National Security Agency is far less famous than the CIA, despite having a budget about 10 times bigger. While the freeway exit to the CIA headquarters at Langley, Virginia, is clearly marked, getting to Fort Meade, Maryland, where the NSA operates is much harder. Washington wags maintain that NSA stands for “No Such Agency.” The Bush administration’s penchant for secrecy made it the ideal group to intercept signals headed to and originating from people in the US, and such an order came from the Oval Office. This was a violation of not only the law governing the NSA’s activities but also the constitution of the US. It is a shameful act, gives aid and comfort to the enemy and is an impeachable offense.

Mr. Bush, of course, won’t be impeached and convicted by a Republican congress – that is a failing of the American system. However, one must stand is awe of just how much the junta from Crawford has gotten away with. First, there was a possibly stolen election in which states’ rights conservatives on the Supreme Court colluding with these reactionaries let the federal government stop a ballot count in Florida. Second, there was the calm and relaxed sleepwalking through security issues that allowed the September 11, 2001 attacks to occur (on whose watch did it happen?). Third, there is the war of aggression against another member state of the UN; Streicher, von Ribbentropp and Jodl were hanged for the same. And now, spying on American citizens on executive order; Louis XIV had nothing on Mr. Bush.

Operating on the premise that if the president does it, it can’t be illegal (known as the fuhrerprinzip), Mr. Bush ordered the NSA, which does signal intelligence for the US government, to monitor exchanges by cell phone, computer and the like between people in the US and people abroad. This comes up against the Fourth Amendment to the US constitution, which prohibits unreasonable searches and seizures. The operative word is “unreasonable.” Having been attacked, thanks the White House laziness, on September 11, no American would object to monitoring of calls that might target the Sears Tower, the Golden Gate Bridge or the Astrodome – provided there was a court order, which is what the law requires.

Thanks to the Foreign Intelligence Surveillance Act of 1978, there is even a “secret” court in the Justice Department to which NSA and others can apply for such warrants, avoiding any security issues. In the 27 years since the act was passed, the FISA court has rejected 5 (some sources say 4) such applications – that’s quite a record. Moreover, the applicant doesn’t need evidence or probable cause. Best of all, because speed is often of the essence (a major argument the White House has made in its defense of this tyranny), the government can start monitoring and has 72 hours to get a warrant after the fact. The Patriot Act (isn’t there a better name? The Burning Reichstag Act? The Jackboot Act? The Stalin Was Right Act?) even allows this court to be used domestically.

So why did the administration order this surveillance (which some at NSA refused to obey – real patriot acts) without reference to the courts? Why did president beg the New York Times to quash the story (and it is interesting to note the NYT actually sat on the story for over a year and only published it when one of its reporters was about to reveal it in a book, or so Newsweek and the Los Angeles Times say)? Why not get a pliant Congress to pass legislation allowing this?

Quite simply, if there is a warrant, records must be kept. Without a warrant, the government can claim there was no such record (although there will be a stack of records to be produced if really needed). Surveillance of American citizens by the government without evidence, probable cause or court supervision – is it a war on terror or a war on liberty? And on which side is the administration?

© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.
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