Everything Else Takes FISA
In an article that CNN titled with the phrase "ceded power", President Bush has given up some power in terms of domestic spying. In fact, he's "giving up" so much power that it's close to the same powers the government had on September 10, 2001. There is no specific reason given as to why Bush has all of a suden given power in an area he claimed all kind of power. Then again, it could have something to do with the fact the Democrats have retaken Capitol Hill are there is the NSA Oversight Act that was introduced on the floor of the House and a similar bill in the Senate. Yes, this is also coming just 6 days before the State of the Union address as well. So, this once crown jewel of his power is going back to where it once was.
Yes, it has always been allowable for the government to eavesdrop on the calls of some people in the country with a court order from a special court. This court, created under the 1978 Foreign Intelligence Surveillance Act. This is a court that hears testimony from specially approved cases from the Attorney General and then decides whether or not to grant a warrant. Granted, according to every source I've talked to but can't name on anything other than "deep background and buy me another round" says they've only rejected a handful of cases (I mean, literally, less than half a dozen) but at least they're something. They DO require a minimum of evidence and that's enough to make most bureaucrats shit themsselves when thinking about whether or not to make an application for warrant. And for those worried it'll take too much time, you get a free 72 hours, which then has to be turned over to the court.
Bush, who argued for years that he needed the wiretap program to fight all knids of people and that any infringement was wrong and aiding the terrorists. Now, he has apparently changed his tune and is allowing another branch of government to have an actual say about how he "defends the homeland". This is a radical step and we should congratulate him for starting to understand civil rights is not just a 60s slogan. But, knowing politicians, we should also probably watch the back door on this. While, yes, the FISA courts are not the most stringent courts on the face of the planet, this is a key erosion in the power base of President Bush. After all, if he isn't "the Decider" in terms of national defense and can't expand his power by using terorism, then what does he really have left?
Trouble is what he has left. The administration was also served a year ago today with two lawsuits from two different groups saying Bush had overstepped his bounds. And now, with the suits still looming with a Democratic congress more than willing to help out, he has little choice but to either give up power or be forced to testify, turn over data or have his underlings do both. After all, he can invoke Executive Privilege and not turn over anything without a fight. However, there are plenty of foot soldiers in this who are not so rosy around the backside (i.e. Their asses are not so covered). People could get called to the Hill to testify, careers could get ruined and there could be the fight of fights as some try to use this as a reason for impeachment hearings.
Again, we are back to a politician doing what a politician does best, saving his or her own skin. Bush doesn't want to be impeached, and he wants this more than he wants to catch terrorists, which I believe in his heart of hearts he wants to do. Yes, I honestly believe he thinks all he is doing is in the cause of righteously safeguarding America against terrorists. This may be the clearest case "The road to Hell being paved with good intentions" there could ever be. But then, no one ever does something for the most evil reason. Hitler thought he was preserving Germany, Stalin thought he was safeguarding the Soviet Union against capitalism and so on. So, for Bush to continue doing good, he might have to give up a favorite tool. One little bit of presidential power finally going to another branch.
All for want of a nail.
So it is written, so do I see it.
Yes, it has always been allowable for the government to eavesdrop on the calls of some people in the country with a court order from a special court. This court, created under the 1978 Foreign Intelligence Surveillance Act. This is a court that hears testimony from specially approved cases from the Attorney General and then decides whether or not to grant a warrant. Granted, according to every source I've talked to but can't name on anything other than "deep background and buy me another round" says they've only rejected a handful of cases (I mean, literally, less than half a dozen) but at least they're something. They DO require a minimum of evidence and that's enough to make most bureaucrats shit themsselves when thinking about whether or not to make an application for warrant. And for those worried it'll take too much time, you get a free 72 hours, which then has to be turned over to the court.
Bush, who argued for years that he needed the wiretap program to fight all knids of people and that any infringement was wrong and aiding the terrorists. Now, he has apparently changed his tune and is allowing another branch of government to have an actual say about how he "defends the homeland". This is a radical step and we should congratulate him for starting to understand civil rights is not just a 60s slogan. But, knowing politicians, we should also probably watch the back door on this. While, yes, the FISA courts are not the most stringent courts on the face of the planet, this is a key erosion in the power base of President Bush. After all, if he isn't "the Decider" in terms of national defense and can't expand his power by using terorism, then what does he really have left?
Trouble is what he has left. The administration was also served a year ago today with two lawsuits from two different groups saying Bush had overstepped his bounds. And now, with the suits still looming with a Democratic congress more than willing to help out, he has little choice but to either give up power or be forced to testify, turn over data or have his underlings do both. After all, he can invoke Executive Privilege and not turn over anything without a fight. However, there are plenty of foot soldiers in this who are not so rosy around the backside (i.e. Their asses are not so covered). People could get called to the Hill to testify, careers could get ruined and there could be the fight of fights as some try to use this as a reason for impeachment hearings.
Again, we are back to a politician doing what a politician does best, saving his or her own skin. Bush doesn't want to be impeached, and he wants this more than he wants to catch terrorists, which I believe in his heart of hearts he wants to do. Yes, I honestly believe he thinks all he is doing is in the cause of righteously safeguarding America against terrorists. This may be the clearest case "The road to Hell being paved with good intentions" there could ever be. But then, no one ever does something for the most evil reason. Hitler thought he was preserving Germany, Stalin thought he was safeguarding the Soviet Union against capitalism and so on. So, for Bush to continue doing good, he might have to give up a favorite tool. One little bit of presidential power finally going to another branch.
All for want of a nail.
So it is written, so do I see it.