Saturday, December 17, 2005

Original Intent

GWB's admission that he authorized the NSA to spy on U.S.citizens is so wrong on so many levels. The essence of our constitutional, republican form of democratic government is that we are a nation of laws and not men. The idea that the President is inherently endowed with the power to ignore a federal statute was expressly prohibited by the Framers. Even Scalia in the Hamdi case acknowledged that the President's powers are no limitless.

FISA was enacted to allow the government to engage in surveillance of U.S. citizens who may be engaged in terrorist activities. FISA allows the government to perform wiretaps without a warrant for up to 72 hours.
Therefore, the only real purpose behind GWB's use of the NSA to perform warrantless surveillance of U.S. citizens is to avoid judicial review. This is all the more troubling when one considers, as has been so aptly pointed out by Josh Marshall at TPM, that the FISA court essentially acts as a rubber stamp for the government and that the FISA court rarely denies a request for a warrant. GWB doesn't want the FISA court/judge to know the target of his surveilance because, IMHO, he is unlawfully spying on citizens for political purposes. God only knows just how many innocent people who do not have ties to Al Qaeda have been subjected to these warrantless searches and other activities expressly forbidden by the Fourth Amendment.

We ought to be very concerned. And, if impeachment is appropriate for a President who lies about blowjobs, then it ought to be required for a President who admits that he has violated the constitutional rights of hundreds, perhaps thousands, of U.S. citizens.

I learned in freaking elementary school that Republicans and conservatives believe in limited government, in the notion that the President is not an all powerful Monarch. To read and hear so many self professed "conservatives" defend patently illegal and unconstitutional conduct by GWB is proof positive that the Repubublican party is power mad and anti-ideological. Theirs is an ideology of convenience. The ends justify the means.

Unlike Matthew Yglesias
, I have no confidence whatsoever that GWB has not violated the rights of U.S. citizens. I do not trust this man with power to run a McDonalds let alone the most powerful military of the most powerful government on the planet. Can one seriously claim that the Republican leadership would not be in an effing full on tizzy if we had a Democrat President engaged in this activity during an undeclared war of choice?

We have all been had. There was a coup de etat in 11/00 and it was just confirmed on national television by our smirking chimpaholic. And, btw, why did GWB refuse to confirm the existence of the secret orders to Lehrer yesterday but go on national teevee during a Saturday radio address one day later and confirm it? Why did it risk national security to confirm it yesterday but be okay today? It's all campaign style pr with GWB.

I recall a couple of weeks ago that Kevin Drum had a post about "secret laws" and I thought, nah, can't be. Maybe Kevin was just paranoid. Now, GWB admits it all. Secret prisons, citizens held without due process, NSA engaging in warrantless searches. What's next, GWB decides he has the right in a time of war to suspend habeas corpus and declares martial law to protect us from a "potential" risk?

There has always been and always will be those who want to harm the United States. So what. Men of greater stature though have not felt it necessary to arrogate for themselves the omnipresent belief that they are annointed to destroy democracy to save us.

It may be time for a revolution. I suppose we should all assume we are being watched. I would also assume that all of the lefty blogosphere is being monitored for "subversive" elements. Act accordingly.

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