Domestic Policy
President Bush On Spying: NSA Secret Wiretaps Have Disrupted Terrorists
Many American are very upset with the revelation that our President has sanctioned wiretaps on our own citizens. I hear countless arguments that Bush has broken the law and should go to jail. I do not want to offend these individuals, they have their right to free speech, but I must tell them that in proper context, their comments are incorrect. Why, I will explain it to you.
What President Bush is actually guilty of is most likely using bad judgment to make a decision on a snap issue. If this was a crime he may be a repeat offender. However, as of right now President Bush is only guilty of not following proper procedures in regards to having an individual spied upon, he is not legally breaking any regulations or laws established denying his privilege to authorize spying, he basically is just not following the proper rules.
President Bush stated Monday that the U.S. government’s use of clandestine wiretaps to observe the activities of people suspected of being associated with Al Qaeda is legitimate and falls under his authority as commander in chief, as far as the intent of the word he is correct, under a special program established after 9-11, the President has the right to protect America by observing individuals of interest who pose a threat to our domestic security.
President Bush does have the ability to authorize the use of surveillance on individuals inside the domestic United States when it is shown that this person may be a threat to American citizens. The NSA routinely monitors billions of communications worldwide and although the NSA is banned from domestic spying, warrants can be attained through a request submitted to a special court called the Foreign Intelligence Surveillance Act Court (FISA). The FISA court was established to uniquely deal with the domestic issues of concern regarding warrants allowing wiretapping inside our domestic borders.
The problem Bush is currently dealing with is that he has been neglecting the FISA court and ordering the wiretaps directly, citing National Security concerns. However, FISA was set up as a check and balance system to the President so that the operation does not become, nor get perceived as, ‘A Big Brother’ operation.
Many feel that by disregarding the court, President Bush has made himself Judge, Jury, and Executioner, in regards to deciding who should be under surveillance and who should not.
Civil Rights advocates are afraid this power could be manipulated as a way to stop free speech, or opposing viewpoints.
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Discussion
4 comments for “President Bush On Spying: NSA Secret Wiretaps Have Disrupted Terrorists”
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The problem is, there’s a procedure he’s supposed to go through, and he hasn’t been. No wiretap has ever been refused under FIMA, yet he has chosen to do an end-run around FIMA, in violation of the laws from the 1970s (which I am old enough to remember being passed).
Why doesn’t he think he needs to follow the law?
Because he feels the Constitution is only a piece of paper.
I supported him in the war on Afghanistan and Iraq. I still think we don’t dare pull our troops out of Iraq until the country is stable. But I now seriously question this President’s judgement and commitment to America.
The “procedures” that Bush is “basically just not following” are the prescriptions of the FISA law, which made it illegal to spy on people in the US without obtaining a warrant from the Foreign Intelligence Surveillance Court. “Not following” a law is more commonly referred to as “breaking the law”. That’s why people are upset.
The administration may have a workable defense: they claim that the Congressional authorization to use force against Al Quaida empowers them to skip going to the FISC when surveiling suspected Al Quaida members. This claim can and must be tested by judicial review. If the courts decide it’s bogus, Bush will indeed have broken the FISA law by conducting warrantless searches.
Both of your points are well made, this is definitely a very convoluted issue. How do you balance giving up civil rights for perceived stronger protection? The words warrantless search will really make ACLU and civil right groups cringe. Both of your positions are well stated and appreciated.
While I do not support the premise the President used to justify the war in Iraq. I don’t think Congress’ intentions were to give Bush authority to disregard the law in the name of Homeland Security and the ‘War on Terror’.
Like I said in a previous post Americans need to be fully aware of the civil liberties the Bush Administration is infringing upon, because history has shown that we most likely will not get them back.