Newsweek Speaketh!
Some of my favorite passages ...
The revelation that President Bush authorized spying on American citizens without warrants is a late entry to the year’s “Biggest Lies” list. Bush says he bypassed the law because of the need for speed. He may believe that, but the facts say otherwise.The Foreign Intelligence Surveillance Act of 1978 established a special FISA secret court designed to act expeditiously. The executive branch can tap anybody’s phone and not even get a warrant until 72 hours after the fact. The FISA court isn’t picky; it’s only turned down five requests out of 19,000 in its quarter-century existence. Bush publicly and proudly says he will continue to break the law. The Washington Post reported that one FISA court judge has resigned in apparent protest, and the others are asking why we have a secret court when it is ignored.
Bush’s explanation is riddled with lies. He says our enemies are watching and threatens The New York Times, which broke the spying story, with legal action. It takes a vivid imagination to believe that Osama bin Laden and his buddies are keeping up with the niceties of FISA courts and would otherwise have no idea their phones might be tapped. Bush says he talks to Congress all the time and that there was plenty of congressional oversight. Not true. The Gang of Eight (leaders of both parties in the House and Senate, plus the chair and ranking members of the Intelligence Committees) were forbidden to take notes or discuss what they were told with colleagues or staff. Democratic Sen. Jay Rockefeller’s hand-written letter to Cheney expressed uneasiness about the program. Rockefeller couldn’t have its legality evaluated by staff. He couldn’t even have the letter typed because of the secrecy. That hardly qualifies as congressional oversight.
The cavalier attitude toward the checks and balance of a democratic society is a pattern with this administration. Bush and Cheney regard Congress and the judiciary as obstacles, not as equal branches of government. The polls show that a majority of Americans no longer trust this team, which is why Bush and Cheney are hitting back hard at their critics. If they lose this round over spying, the spillover effect will be devastating for their war policy and on any domestic agenda they hope to salvage. We have no mechanism to deal with a president who has lost the trust and confidence of the American people and has three years remaining in office. Impeachment is a nonissue; it’s not going to happen with Republicans in control of the House and Senate.
