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Dependence Day

by The Reverend on July 4, 2008

in Bush White House,executive powers,rule of law,Warrantless Wiretapping

Just in case you have forgotten, or perhaps never heard one talk before, the following is what a true American patriot sounds like….

“I’m pleased we were able to delay a vote on FISA until after the July 4th holiday instead of having it jammed through," said Sen. Russ Feingold (D-Wis.), who had been leading the effort to oppose the bill along with Sen. Chris Dodd (D-Conn.).

"I hope that over the July Fourth holiday, senators will take a closer look at this deeply flawed legislation and understand how it threatens the civil liberties of the American people. It is possible to defend this country from terrorists while also protecting the rights and freedoms that define our nation,” Feingold added. Link

A true American patriot doesn't wrap himself up in the flag while speaking glowingly about war. A true American patriot defends the Constitution and the laws of the United States of America. Any talk at all about patriotism which avoids mention of faithfulness to the laws and Constitution of America isn't even worth listening to.

A federal judge in California said Wednesday (two days ago) that the wiretapping law established by Congress (in 1978) was the “exclusive” means for the president to eavesdrop on Americans, and he rejected the government’s claim that the president’s constitutional authority as commander in chief trumped that law.

The judge, Vaughn R. Walker, the chief judge for the Northern District of California, made his findings in a ruling on a lawsuit brought by an Oregon charity. The group says it has evidence of an illegal wiretap used against it by the National Security Agency under the secret surveillance program established by President Bush after the terrorist attacks of Sept. 11, 2001.

“Congress appears clearly to have intended to — and did — establish the exclusive means for foreign intelligence activities to be conducted,” the judge wrote. “Whatever power the executive may otherwise have had in this regard, FISA limits the power of the executive branch to conduct such activities and it limits the executive branch’s authority to assert the state secrets privilege in response to challenges to the legality of its foreign intelligence surveillance activities.” Link

Much has been said about the telecom immunity portion of H.R. 6304….but the provision legalizing the wholesale vacuuming up of American's electronic communications without probable cause or warrants, or even any meaningful oversight…..is far more troubling.

…the old FISA allowed NSA to conduct a wiretap for up to 72 hours while waiting for FISA approval. The new bill extends this to a week, allows the surveillance to continue during appeals, and permits the government to use any of the information it collects even if the FISA court eventually rules that the tap is unlawful. This pretty obviously opens the door to some fairly serious abuse in the future.

We're tapping the phones of anyone who fits a hazy and seldom accurate profile that NSA finds vaguely suspicious, a profile that inevitably includes plenty of calls in which one end is a U.S. citizen. But the new FISA bill doesn't require NSA to get a warrant for any of these individuals or groups, it only requires a FISA judge to approve the broad contours of the profiling software.

…the decision about which U.S. citizens to spy on is being vested in a small group of technicians operating in secret and creating criteria that virtually no one else understands. Link

Today is Independence Day, a day commemorating our nation's declaration of independence from British rule. Fireworks, flag waving, lofty speeches, quotable quotes….will all be part of this commemoration.

Noticeable by it's absence will be much, if any, serious discussion about how a nation that prides itelf on a Constitutional form of independent rule has become so dependent, recently, on the whims of men rather than established American law.

Today we celebrate Independence Day…..next week the Senate will pass a bill, basically rejecting the rule of law and the 4th amendment to the Constitution pertaining to government spying on Americans.

That's not Independence. That is Dependence on men.

  • frank

    Rev,
    What is truly disturbing is that most Americans have no where near the courage nor intellect to fully appreciate what we are losing. The challenge of terrorism is minor compared to that of the Cold War and WWII. Yet, a large number of our countrymen have so much fear, that they are willing to part with that which makes this country great. This fear allows them to rationalize away the loss of liberty and assume it is a temporary expedient rather than a permanent loss. The government of the people, by the people, and for the people is no longer controlled by the people, but the people don't even care.

  • Da King

    The rumors of the death of american liberty are greatly exaggerated.

    Unless you are speaking of economic liberty, which is the source of American power. Then it is a very clear and present danger.

    And frank, comparing terrorism to WWII or the Cold War to downplay today's threats is an exercise in distraction. Terrorism IS a threat, and if a terrorist group acquires nuclear weapons (a very real possibility these days), then that threat can hardly be overstated. With the Middle East holding America's economic future in it's hands due to our dependence on oil (who needs domestic oil ?), we could be one Israeli attack on Iran away from a large scale war, or even another world war. This is about much more than a couple nuts in a cave in Waziristan.

  • The Reverend

    "Terrorism IS a threat, and if a terrorist group acquires nuclear weapons (a very real possibility these days), then that threat can hardly be overstated."

    Ridiculous fear-mongering. Anything can happen at anytime….there's always a possibility……so let's throw away the U.S. Constitution, declare Bush/Cheney kings of the earth….and attack the world.

    The Soviets were a threat. An exponentially more serious threat than international anarchists and we didn't burn-up the Constitution to defend ourselves from the threat.

    Your comment borders on the hysterical.

    Thank Ron McDonald for not continuing Nixon, Ford and Carter's lead on oil. McDonald, I almost forgot, is the GOP godman.

    "we could be one Israeli attack on Iran away from a large scale war, or even another world war."

    Are you out of your mind? Paranoia strikes deep…but my goodness, you've lost your bearings.

  • frank

    Mr. King,
    The death of American liberty is in no way exaggerated nor is it a rumor. This administration and its complicit enablers in the other two branches have done more to damage American liberty than any other. There is no "economic liberty". Businesses are simply state chartered organizations operating under a set of rules defined by the government. What is often confused as "economic liberty" is nothing more than a suspension of the rules which were enacted to protect the citizenry.
    WWII and the Cold War were existential threats to our country. Our survival was at stake. We were a country in struggle with other countries with relatively equal strengths. Terrorism is a tactic and as such, has always existed, and cannot be defeated. So a "war on terrorism" is, by nature, never ending. One may defeat a certain group of terrorists, but because terrorism is a tactic that the poor use against the powerful and wealthy, the use of terrorism will return.
    As the Rev points out, we were able to prevail in WWII and the Cold War with our Constitution relatively intact.
    I assure you that I take the threat of terrorism very seriously. But the way to remove the threat of terrorism is to deny the practicioners of terrorism their targets and their means of violence. In the case of nuclear weapons, you would do everything possible to secure them. You keep close watch on what these groups are planning. You close the avenues by which they acquire weapons and deliver them.
    The Bush administration has failed in its "war on terrorism". Obvious targets remain unprotected. Our ports and borders remain as porous as before. While passengers are inspected, cargo is not. Worse yet, we have failed to deal with the underlying reasons for the attack, our attitude that the rest of the world is secondary to us, for use as we deem.
    The problem of dependence on foreign oil is another topic for consideration. You are ignoring facts if you think we can drill our way out of this situation. Besides, any oil discovered domestically would simply wind up on the world market. The Alaskan pipeline was built on promises of increased supply. How much of that oil actually ends up in our country?
    If you are concerned (as I am) about Israel attacking Iran and dragging us into a much larger conflict, the most efficient use of your energy would be to demand the impeachment of Bush and Cheney who are encouraging Israel to do so.

  • larry d.

    Wow frank, you lost me at 'Businesses are simply state chartered organizations operating under a set of rules defined by the government.'

  • The Reverend

    Very well said frank.

  • Da King

    Rev,
    Keep pretending like none of this exists. Keep your head in the sand if things are too frightening for you. That is your choice, but ignoring threats is what is truly dangerous. I didn't say anything about destroying the Constitution or any of your other extremist rhetoric, but if you truly believe that terrorists acquiring nuclear weapons is not a threat, you are quite the fool. Ditto for Iran. If you think an Iran with nukes is not a threat, you are an even bigger fool. If you think an attempt by Iran and it's surrogates to destroy Israel wouldn't lead to a huge war, you are just stupid.

    Go on thinking the world is a big shiny happy place full of nice well-intentioned honest people if you must (with Bush being the one true evil, of course), but I don't live in that pollyannish world. It doesn't exist. It never did.

  • Da King

    frank,
    If we were able to come out of WWII with our Constitution intact, what were all those Japanese-Americans doing in internment camps ? How were all those young men forced into the military (not that they really needed to be) ? Do you think German and Japanese POW's were granted access to American civilian courts when the war was still going on ? The very idea of it would have been laughed at. The things you think are killing liberty today pale in comparison to what was going on then. Do you think everyone in WWII followed the Geneva conventions to a tee during battle ? I assure you they did not. I have heard firsthand from several WWII vets that they did not, including my own father.

    Terrorism is a tactic, but terrorists are people, in this case, a multinational group of people united under a banner of religious extremism. They are not a traditional state, yet they are a group that functions loosely as a state. They are a movement, unlike, say, the lone wolf terrorist actor Timothy McVeigh. McVeigh you can treat like a criminal, but an international movement that has declared war on you must be treated as a war. I don't want to give them any more advantages than their underground methods give them already. I certainly don't want to impeach our president for trying to fight them and keep America from another attack. Some perspective is called for. We can't use the same tactics against terrorists that we used in WWII or the Cold War. It's a different situation and we have to adapt. I'm not a huge Bush fan, but I'm not silly enough to think HE is the enemy, as some seem to believe.

    When I was speaking of economic liberty, I was speaking of the amount of the fruits of our own labor that we keep as opposed to the amount that is appropriated by the government. Your comments sound like you think the government (the master) bestows on us (the slaves) that which it deems necessary out of the goodness of it's heart. That is contrary to the founding principles of the U.S. Constitution. That is contrary to everything this country is supposed to stand for. We might as well be a dictatorship or a monarchy if that is the way things are to be organized. I vote no. I vote for freedom.

    If Bush has failed in the war on terrorism, why haven't there been any more successful attacks on America ? Why has Iraq all but defeated Al Qaeda and is meeting 15 of 18 surge benchmarks ? Why are the Iraqi people turning their backs on the terrorists and insurgents ? Why isn't the Taliban running Afghanistan any longer ? Why have so many terrorist plots been foiled ? Where are these failuresand defeats, other than in the op-ed columns of the NY Times ?

  • larry d.

    C'mon, King. Everyone knows that 'Citizens are simply state chartered individuals operating under a set of rules defined by the government.'

  • Da King

    Funny, larry.

    Does that come from the new book, Democrat For Dummies ? Foreward by Harry "the war is lost" Reid.

  • frank

    Mr. King,
    Perhaps you failed to note that I used the phrase "relatively intact". Hopefully, what happened to the Japanese will not happen again. The comparison between WWII and now is absurd. To my knowledge, none were kidnapped from airports or turned in for bounty. There were procedures to ensure that prisoners were combatants. One can hardly expect the POWs of WWII to have been treated according to the Geneva Accord since it didn't exist then. What is different about prisoner abuse then and now, is that it is now an official policy the US.
    Your assertion that Al Qaeda functions loosely as a state is also laughable. What is it that they do that resembles the actions of a state? They are simply a group of international criminals, no different from say, a drug cartel or Timothy McVeigh (do you really think he acted alone?). I can think of no better fate for bin Laden and his followers than McVeigh's.
    If Bush were impeached for fighting terrorism he would be found innocent. His crimes are against the Constitution he swore to uphold and humanity for causing untold deaths by ordering the invasion of a country which had nothing to do with 9/11. He is the enemy, as much as bin Laden.
    You equate the lack of a terrorist attack with success by Bush. Just because something does not occur, does not mean it was prevented. You might as well claim that Bush has prevented another Katrina from devastating New Orleans. Perhaps the reason we haven't been attacked is that bin Laden has gotten what he has wanted. He has stated his desire to destroy us as he feels he did the Soviets, by getting us bogged down in an unwinnable struggle which will cause us economic ruin.
    Bush's failures in his "war on terrorism" are too many to fully enumerate, but here are a few: His initial failure to heed numerous warnings from the outgoing administration, other governments, and our own intelligence of planned attacks. His failure to accept the Taliban's offers to turn over bin Laden. His outsourcing the job of bin Laden's capture to the Pakistanis at Tora Bora. His failure to fully protect the vulnerable areas of the infrastructure, Al Qaeda's only strategic advantage.
    "Al Qaeda" in Iraq is being defeated because we are buying off their erstwhile Sunni friends. The benchmarks we are seeking are the same as the goals of the Project for the New American Century, de facto control of Iraq's oil and use of Iraq for military bases. If the administration gets its way, Iraq will never be a sovereign nation. What does success in Iraq have to do with retaliation for 9/11 and preventing future attacks? The Taliban may not run Afghanistan, but Karzai doesn't either. At any rate, bin Laden still is free. Which terrorist plots have been foiled? Padilla's? Those losers in Florida who wanted to blow up the Sears tower but couldn't afford the trip to Chicago? The group in England that was going to mix chemicals in a plane (a feat difficult under lab conditions) and blow it up. Give me a break.
    Your definition of economic liberty as freedom from taxes is pretty narrow. However, if you are going to be an advocate of wasting trillions on a needless illegal war and maintaining a military as expensive as the rest of the world's militaries combined, you should be prepared to pay for it.

  • The Reverend

    Great stuff.

    To nail the coffin lid completely down…

    WW2…..declaration of war.

    Today's aggression…..no declaration of war.

    "war on terrorism"…….doesn't exist….because it is an impossibility…….just on the basis of the, you know, English language.

    frank's slap-down about the phony notion that Islamic extremists act as a state….is especially spot-freaking-on.

    The world is dealing with an international problem of Islamic extremist nuts committing international crimes of destruction and mayhem, with all that contains. Criminals are dealt with by law and order methods.

    Bill Clinton, at least prosecuted, convicted and imprisoned Ramsey Yousef for the 1993 tower bombing. Bush hasn't caught Bin Laden nor "brought him to justice".

    Finally, we have suffered a subsequent attack after 9-11. Or don't those 5 deaths from anthrax count?

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