Molly Ivins on Bush's illegal American surveillance: "This Could Scarcely Be Clearer"

[seafan]

So, today, August 12, 2007, we learned from the Washington Post that there have been two secret court rulings that challenged Bush's gathering of surveillance data.... rulings that warrants must be issued before collecting data from fixed wires on US soil:

But in a secret ruling in March, a judge on a special court empowered to review the government's electronic snooping challenged for the first time the government's ability to collect data from such wires even when they came from foreign terrorist targets. In May, a judge on the same court went further, telling the administration flatly that the law's wording required the government to get a warrant whenever a fixed wire is involved.

.....

The rulings -- which were not disclosed publicly until the congressional debate this month -- represented an unusual rift between the court and the U.S. intelligence community. They led top intelligence officials to conclude, a senior official said, that "you can't tell what this court is going to do" and helped provoke the White House to insist that Congress essentially strip the court of any jurisdiction over U.S. surveillance of communications between foreigners.

.....

When the New York Times, after first sitting on the information for an entire year, finally informed the public in late 2005 that Bush has been spying on Americans without warrants for the past several years, Molly Ivins, bless her heart, immediately spelled it out for us on December 28, 2005:

AUSTIN, Texas -- The first time as tragedy, the second time as farce. Thirty-five years ago, Richard Milhous Nixon, who was crazy as a bullbat, and J. Edgar Hoover, who wore women's underwear, decided some Americans had unacceptable political opinions. So they set our government to spying on its own citizens, basically those who were deemed insufficiently like Crazy Richard Milhous.
For those of you who have forgotten just what a stonewall paranoid Nixon was, the poor man used to stalk around the White House demanding that his political enemies be killed. Many still believe there was a certain Richard III grandeur to Nixon's collapse because he was also a man of notable talents. There is neither grandeur nor tragedy in watching this president, the Testy Kid, violate his oath to uphold the laws and Constitution of our country.
The Testy Kid wants to do what he wants to do when he wants to do it because he is the president, and he considers that sufficient justification for whatever he wants. He even finds lawyers like John Yoo, who tell him that whatever he wants to do is legal.

The creepy part is the overlap. Damned if they aren't still here, after all these years, the old Nixon hands -- Dick Cheney and Donald Rumsfeld, the whole gang whose yearning for authoritarian government rose like a stink over the Nixon years. Imperial executive. Bring back those special White House guard uniforms. Cheney, like some malignancy that cannot be killed off, back at the same old stand, pushing the same old crap.

Of course, they tell us we have to be spied on for our own safety, so they can catch the terrorists who threaten us all. Thirty-five years ago, they nabbed a film star named Jean Seberg and a bunch of people running a free breakfast program for poor kids in Chicago. This time, they're onto the Quakers. We are not safer.
We would be safer, as the 9-11 commission has so recently reminded us, if some obvious and necessary precautions were taken at both nuclear and chemical plants -- but that is not happening because those industries contribute to Republican candidates. Republicans do not ask their contributors to spend a lot of money on obvious and necessary steps to protect public safety. They wiretap, instead.
You will be unsurprised to learn that, first, they lied. They didn't do it. Well, OK, they did it, but not very much at all. Well, OK, more than that. A lot more than that. OK, millions of private e-mail and telephone calls every hour, and all medical and financial records.

You may recall in 2002 it was revealed that the Pentagon had started a giant data-mining program called Total Information Awareness (TIA), intended to search through vast databases "to increase information coverage by an order of magnitude."
From credit cards to vet reports, Big Brother would be watching us. This dandy program was under the control of Adm. John Poindexter, convicted of five felonies during Iran-Contra, all overturned on a technicality. This administration really knows where to go for good help -- it ought to bring back Brownie.

Everybody decided that TIA was a terrible idea, and the program was theoretically shut down. As often happens with this administration, it turned out they just changed the name and made the program less visible. Data-mining was a popular buzzword at the time, and the administration was obviously hot to have it. Bush established a secret program under which the National Security Agency could bypass the FISA (Foreign Intelligence Surveillance Act) court and begin eavesdropping on Americans without warrants.

.....

Then we always get that dreadful goody-two-shoes response, "Well, if you aren't doing anything wrong, you don't have anything to worry about, do you?"
Folks, we KNOW this program is being and will be misused. We know it from the past record and current reporting. The program has already targeted vegans and People for the Ethical Treatment of Animals -- and, boy, if those aren't outposts of al-Qaida, what is? Could this be more pathetic?

This could scarcely be clearer. Either the president of the United States is going to have to understand and admit he has done something very wrong, or he will have to be impeached. The first time this happened, the institutional response was magnificent. The courts, the press, the Congress all functioned superbly. Anyone think we're up to that again? Then whom do we blame when we lose the republic?

And from James Bamford, in the Atlantic Monthly, April, 2006:

Last November (2005), just a month before The New York Times broke the story of the NSA’s domestic spying, the American Bar Association publicly expressed concern over Congress’s oversight of FISA searches. “The ABA is concerned that there is inadequate congressional oversight of government investigations undertaken pursuant to the Foreign Intelligence Surveillance Act,” the group stated, “to assure that such investigations do not violate the First, Fourth, and Fifth Amendments to the Constitution.” And while the administration did brief members of Congress on the decision to bypass FISA, the briefings were limited to a “Gang of Eight”—the majority and minority leaders of the House and Senate and the chairmen and ranking members of the two intelligence committees. None of the lawmakers insisted that the decision be debated by the joint committees, even though such hearings are closed.

Frank Church, the Idaho Democrat who led the first probe into the National Security Agency, warned in 1975 that the agency’s capabilities

could be turned around on the American people, and no American would have any privacy left, such (is) the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it is done, is within the reach of the government to know. Such is the capacity of this technology.

It was those fears that caused Congress to enact the Foreign Intelligence Surveillance Act three years later. “I don’t want to see this country ever go across the bridge,” Senator Church said. “I know the capacity that is there to make tyranny total in America, and we must see to it that (the National Security Agency) and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”

Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution.

----George W. Bush, April 20, 2004

[renate]

1. what a treat to read a Molly Ivins column again...

Especially the last two paragraphs.

How I miss her. :cry:

Thanks for the link to the new Washington Post article, too.

[bullimiami]

2. during nixon there were still those who in their hearts still subscribed

to the red scare and mccarthyism.
there is no such remnant now.
the war on terror was concocted out of whole cloth for political goals and some republicans are complicit not only in a coup against the people and constitutional of this country but the terrorism itself.