Who needs a constitution anyway?
The Webster Retort, Dec. 23, 2005
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
- Fourth Amendment to the Constitution of the
On Friday, Dec. 16, 2005, The New York Times broke the story about President Bush authorizing the NSA to spy on American citizens without a warrant. It is one thing to tap the lines of foreign dignitaries, or international callers, but these were our people. The full list of targets has not come out yet, and it likely never will. Until Congress holds an investigation, all we know is that the individuals being spied upon are American Citizens. This is contrary to our constitution. Such actions are a clear infraction of the law, and the crime carries significant penalties laid out in US Code Title 50, § 1809.
Say what you will of the politics of the day or even the former president Bill Clinton. All the spin in the world cannot muddy the water enough on this issue. The fact is, President Bush clearly violated the aforementioned law. What he authorized, over three dozen times, were felonies. He knowingly and specifically violated Section (a), Article (2) of US Code which states the activity prohibited as “disclos[ing] or us[ing] information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.” I.E.: Get a Warrant.
The penalty for this crime is, according to the law, “not more than $10,000 or imprisonment for not more than five years, or both.”
“I don’t know of any legal basis to go around that,” said Republican Senator Lindsey Graham. “Even in a time of war, you have to follow the process, because that’s what a democracy is all about: a process.”
When Nixon did it, he lied about it. It was one of many reasons he was chased from office. Bush’s response has been different. To his, um, credit, he did not lie. He admitted to multiple felonies and promised he would continue acting illegally. As I recall, he swore to protect and uphold the constitution of these
In the late 70’s, Congress went as far as writing legislation called the Foreign Intelligence Surveillance Act (FISA), which established a court that gives out search warrants like candy to expedite the intelligence gathering process. The court can even rubber-stamp documents after the search or wiretap has been administered. But that does not matter to Bush. Court oversight, the law, the very foundation of our nation, does not matter to Bush.
Wake Up! This is not making the country safer! The 9/11 Commission recently gave the administration’s efforts to beef up national security an abysmal grade; “More F’s than A’s,” said one member of the bi-partisan panel. “God help us if we are attacked again,” said another. Congressman John Lewis (D-GA) has pledged his support of any drafted articles of impeachment, and I stand with him. The law is clear. The process of obtaining a warrant for a wiretap is simple, but it is a required process nonetheless. When the leader of a country acknowledges yet refuses to obey the laws, he becomes a dictator. We must not let that happen here.
A crime has been committed. The law must be followed. It is time to appoint a Special Prosecutor. Tell your Congressman. Tell your Senators. No president is above the law. Not even this favorite son.
These days, the works of George Orwell seem more and more pertinent. But one need not look to our great novelists for wisdom in this matter. An American history textbook should suffice. Look into the early chapters. You may find one quote by Benjamin Franklin that stands out:
“They who would give up an essential liberty for temporary security, deserve neither liberty or security.”
The more things change, the more they stay the same.
Mahalo.
Stephen Webster is an Investigative Reporter and Syndicated Columnist with The News Connection, a Staff Columnist with George W. Bush’s hometown weekly The Lone Star Iconoclast, and a former Contributor to The Dallas Morning News’ Science & Technology section. For more of Webster’s musings, visit GonzoMuckraker.BlogSpot.com.
