Crucify the Messenger

4 January 2006



Justice Department to Probe NSA Leak, Not Spying

The White House has decided that the recent leak to the press that the NSA has been spying on US citizens without warrants should be investigated. The administration is upset that its violations of the constitution came to light, and therefore, George “Lyndon” Bush and his cronies want a criminal investigation and prosecution. Whoever leaked the news to the press should step forward – to claim his medal and cash prize for protecting the Republic.

The president claims that the constitution and the congressional resolution under which he started the war with Iraq give him the authority to spy on US citizens without a court order. Neither is the case. The second article of the constitution makes the president commander-in-chief of the armed forces, not of the United States. If he orders a general to take a city, the general must obey. If he orders this journal to close down, this journal will mock him for the remainder of his term with impunity.

Moreover, his power as commander-in-chief is circumscribed by various amendments to the constitution. Under the Third Amendment, he cannot quarter troops in private homes during peace time. The Fourth Amendment sets definite limits on searches and seizures, and the amendment is superior to Article Two in those cases where the two conflict – that is the nature of an amendment, it supersedes what went before it.

As for the war resolution, there are two points that one must address. First, it was based on lies. Either the administration or the intelligence community fell victim to someone’s lie about weapons of mass destruction in Iraq (or indeed, the administration lied). A good lawyer could argue that the premise on which the power the president claims was false, and therefore, the power assumed was taken on illegitimately, even fraudulently. Moreover, if the resolution violated the constitutional provisions of the Fourth Amendment, it is null and void in those areas where it runs contrary to the constitution. Finally, the resolution called for the use of all "necessary force." Intelligence gathering isn't force.

After visiting wounded troops in Texas, the president said that the NSA program “is a limited program designed to prevent attacks on the United States of America.” It “listens to a few numbers called from the outside of the United States and of known Al Qaeda or affiliate people. If somebody from Al Qaeda is calling you, we'd like to know why.”

Fair enough, Mr. President. First, though, would you be so kind as to show a judge sufficient evidence that the caller is indeed from Al Qaeda? After all, mistakes were made, are made, and will be made. Al Qaeda or Alan Quaid (whoever he is) aren’t quite the same.


© Copyright 2006 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent.
Produced using Fedora Linux.

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