Posted by D. Cupples | The Bush Administration is still trying to convince America: 1) that our nation faces gigantic terrorist threats simply because the FISA (wiretapping) bill expired; and 2) that FISA expired because House Democrats made it so.
In fact, the Senate is partly responsible: if it had not insisted on using the FISA bill to grant law-breaking telecom companies retroactive legal immunity, both houses of Congress would have passed a FISA renewal. It didn't help that President Bush threatened to veto any FISA bill that didn't contain Telecom Amnesty -- which suggests that Mr. Bush is more interested in protecting telecoms than our nation's security. Glenn Greenwald reports:
"In the letter from Chairman Reyes to which [National Intelligence Director Michael] McConnell and [Attorney General Michael] Mukasey are responding, Reyes pointed out that under the still-existing FISA law, the Government is free to commence surveillance without a warrant where there is no time to obtain one. (Greenwald)
In other words, if intel gatherers really need to tap a terrorist's phone, they can under existing law. Thus, intel gatherers have not lost any information that they needed because of FISA's expiration. And yet, the Bush Administration keeps claiming that they have lost info. Rep. Sylvestre Reyes (TX) chairs House Permanent Select Committee on Intelligence.
In response to Reyes' explanation, McConnell and Mukasey wrote:...
"You imply that the emergency authorization process under FISA is an adequate substitute for the legislative authorities that have elapsed. This assertion reflects a basic misunderstanding about FISA's emergency authorization provisions. Specifically, you assert that the National Security Agency (NSA) or Federal Bureau of Investigation (FBI) "may begin surveillance immediately" in an emergency situation. FISA requires far more, and it would be illegal to proceed as you suggest." (Greenwald)
In other words, it really is illegal for the the U.S. government to spy on Americans without following FISA.
So, what about those hundreds (or thousands) of data-mining errors that the FBI has committed? Who will be prosecuted for those? Either our nation's laws are enforced, or they're not.
And what about reports from whistle blower Mark Klein, the former AT&T technician who said that AT&T had helped enable the U.S. government to tap into most Americans' emails and phone calls (not just terrorists')?
And what about mounting evidence that the Bush Administration has been tapping into Americans' communications even before 9/11?
See Memeorandum for other commentary.
Related BN-Politics Posts:
* So, Let him Veto FISA (and "Protect Terrorists")
* McCaskill Likes Telecom Amnesty, Republicans Refuse to Cooperate re: FISA
* Domestic Spying Started Before 9/11, and Money Changed Hands
Comments