Richard WarnickDems Threaten to RESTORE Warrantless Surveillance
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 United States Constitution
Two months ago, Congress hastily enacted the so-called Protect America Act. It was introduced on August 1 by Senator Mitch McConnell (R-KY) and signed into law by President Bush on August 5. This law, in effect, unconstitutionally suspended the Fourth Amendment protection against warrantless searches for six months (the law is set to expire in February). We found out later that the Bush administration railroaded this through with a bogus threat that terrorists were coming to blow up the U.S. Capitol. How’s that for subtlety?
According to Newsweek, Capitol police stepped up security on August 2 after receiving a warning that Al Qaeda might be planning an imminent attack on the Capitol. Senator Trent Lott (R-MI) told reporters that same day that Congress needed to pass changes to terrorist-surveillance laws before leaving for the August recess. Otherwise, he warned, “the disaster could be on our doorstep.” Asked if people should leave Washington, D.C., during the month of August, Lott responded, “I think it would be good to leave town in August, and it would probably be good to stay out until September the 12th.”
Has everyone forgotten that in December 2005, after the New York Times revealed the existence of the illegal NSA warrantless surveillance program, President Bush publicly said that he authorized it and would do nothing to stop it? Bush became the first president ever to freely admit to committing a crime– no less than a violation of the Bill of Rights.
It’s as if Bush were caught speeding in his limo, and Congress (instead of throwing him in jail) cordially offered to retroactively raise the speed limit as high as he wanted it. But Bush demanded to abolish the very idea of speed limits, and threatened to destroy the Capitol of he didn’t get his way. That’s how bad the Protect America Act is.
Now the House and Senate are revisiting the issue with something they call the RESTORE Act. The House bill would allow continued warrantless surveillance as long as the target isn’t a U.S. person. Other domestic surveillance would be allowed under a blanket warrant that violates the Fourth Amendment requirement for a particular warrant.
Over on Talking Points Memo, Paul Kiel sums it up like this:
[T]he hope appears to be that Dems can confidently tout the “Responsible Electronic Surveillance That is Overseen, Reviewed and Effective Act of 2007″ — or RESTORE Act — as the Not as Bad as The Protect America Act (I guess that would be NaBaPAA). And hope that the bill is strong enough that Republicans and the administration aren’t able to pull a repeat of August’s debacle.
For the Bush administration, this bill may be better than nothing. It enables them to falsely claim that our hard-won constitutional freedoms stood in the way of something more important, and had to be taken away. For the rest of us and for the Constitution, doing nothing is preferable. Let the so-called Protect America Act expire and be done with it. Uphold FISA as it was originally intended. Oh, and impeach Cheney and Bush– that ought to be high on the House to-do list.
UPDATE: While the Bush administration claims that warrantless electronic surveillance is the key to fighting terrorism, last month the U.S. government apparently accidentally compromised access to a far more valuable source of intelligence– the Obelisk system, aka Al Qaeda’s “intranet.”
UPDATE: Cenk Uygur has a better analogy than the one I gave above.
The equivalent would be if the Republicans tried to pass a law saying it was acceptable to lie under oath after they saw Clinton perjure himself in the Monica Lewinsky scandal. Could you imagine?
UPDATE: Unbelievably, House Majority Leader Steny Hoyer (D-MD) offers to grant retroactive legal immunity to telecommunications companies for helping the government conduct electronic surveillance without court orders in violation of FISA.
UPDATE: Director of National Intelligence Admiral Mike McConnell, who is also a former director of the NSA, doesn’t like the RESTORE Act either.
October 9th, 2007 at 9:42 am
Excellent post Richard!
October 9th, 2007 at 1:48 pm
Yepper…now that’s what I call loyal opposition. Loyal to bush.
The dems are now clearly as much enemies of the People, as any republicans, in fact, it may be that the true conservative branch of the down and out republican party will be the only thing that can save the Republic.
Dark days lie ahead.
October 9th, 2007 at 1:52 pm
It smacks of conspiracy Richard, and all the evidence of our elected leaders joining in to destroy the Constitution is lying in front of us in the tossing wreck, we call the ship of State.
October 9th, 2007 at 3:42 pm
Clearly, the Dems are courting moderate Repugliscum for the 2008 election.
Be interesting to see where Hillary washes out on all this.
October 9th, 2007 at 4:53 pm
If she gets the nomination we can get a republican pres, again. Unelectable.
The democrats are moderate republiscum, that is what this means to me Nephi.
Coke or Pepsi buddy?
October 10th, 2007 at 11:40 am
I’ll take coke. Draw me off a line.
October 10th, 2007 at 7:51 pm
Well, given our choices for leadershit these days, you’re gonna need it.
Did hear a re-elected Danny Williams today, just re-elected Premier of Newfoundland. He quoted FDR.
if this isn’t exact, sorry, it was on the radio on the CBC.
“Our greatness will not be decided in how much more we can give to those that already have, but how much we can give to those that have the least”.
Only guy saying things like this is KUCINICH. If we miss the mark, and it seems we aren’t even aiming, then this man, and the opportunity he represents for the majority of People in this Country, will be lost to us. With that goes the civilisation.
Any of you better heeled progressives picked your gated community yet?
Cheers to Danny Williams, who went on to say that his will be no harper government(northern run bush clone) that his job will be to fend for poor, and working people, that make the damn thing run.
Hurrah!! At least there aren’t idiots everywhere in N.A. Newfoundland is an extension of New England as we’ll claim them anyday, heck they root for Red Sox.
October 10th, 2007 at 11:15 pm
Retroactive legal immunity from illegal actions is so blatantly wrong that it makes a mockery of the “rule of law.” Shame on you Steny!
SHAME ON YOU!
And shame on all of the congress for giving Bush retroactive protection from his public admission of crimes. Come on Democrats. Why did you let that one go without throwing a Republican temper tantrum?
October 10th, 2007 at 11:37 pm
If it walks like a duck, and quacks like a duck, it’s a ducktatorship.
Steny: We got yer back (door) georgie boy.
geo: ram it, ram it, ram it, ram it up ‘yer poop chute! Hey That’s Zappa!
October 11th, 2007 at 12:46 am
Retroactive immunity is what many dems and reps want with regard to those that have transgressed our immigration laws, better known as shamnesty!
When will you see that the only difference between these two elites that rule us is merely style?
From what you want outrage for, on any side of the aisle, I would hope, for actions that are criminal and not prosecuted would now extend from TOP to BOTTOM of the entire spectrum of activity in America.
There are differing classes of people Larry, and I don’t care what their excuses are. We either live in a Country under the Rule of Law, where all people are judged EQUAL, or we don’t. Looks like we don’t, so don’t expect anyone to flip out. We’re watching it from all sides. For years. So Steny gored your Ox, get over it, and recognize, that issues you may support, shit all over OTHER peoples rights. Some of those, are also people who have sworn Oaths to defend and uphold the Constitution.
For your benefit, namely me. I am a naturalized sworn American Citizen. I don’t Stenys shit any more than you do, but I would not selectively enforce the laws of this Country for ANYONE based on political reasons.
Can you see, maybe, why the rest of the world is fucking us off? We don’t follow or uphold ANYTHING ANYMORE! Would you listen to it,us, if you came from a Country that still possessed its Sovereignty?
We’re done, until equality under the law is re-established. Yeah, people are going to get hurt. That’s what happens when you FUCK UP!
October 11th, 2007 at 3:00 am
But glenn, (or whoever)…
As long as there is one Democrat, ( and NO Republicans), who stand for the truth, (Ron Paul is a Libertarian), then aren’t we stronger?
October 11th, 2007 at 6:28 am
Glenn,
Do you not see the utter hypocrisy in your statement above?
Because everyone else does.
Your Nazi is showing.
Please leave my country. NOW!
Do I need to turn you in?
October 11th, 2007 at 9:29 am
Jesus you shill Cliff, there is no addressing your own hypocrisy.
Is it not you that made money off labor in china at a quarter an hour?
Is it not you that hired illegals and have made the open racist statements that “white trash” is “lazy” That I have dated and noted in my records.
You are such a phony Cliff, and of course you know I don’t care what people think. That is your job. I’m myself, you address no points, you have to care how the addled see you. Phony that you are.
Oh, and this isn’t your Country alone. So, Fuck off. Turn me in?, do your best loser.
Meanwhile, support from the People for us all being treated equally under the Law, is something you fear, as you well should, as you are its VIOLATOR.
As ever, you can only attack ad hominem, the signal of retreat and defeat. The issues I have fought for, are being realized. We will control immigration legally, and as I stated 3 years ago, the States will take the lead. Not yours though, it being a slavish no load.
Larry, like you think that all the shits that are democrats that have licking bushs boots for 7 years are something that has VIRTUE? Are you then like Cliff? A camp follower? You want to be a partisan, by all means, side up with the Party, that enables bush. I would treat each rep as individuals, you want the herd, join it.
This is a great revelation. That which does not kill me, makes me stronger. You have much to fear cliff from the Will of the People, under Constitutional direction.
October 11th, 2007 at 9:38 am
Uh, no Cliff, and let those who do, respond. Meanwhile you can explain your statement yourself. It is you, that divide people into classes of varying “rights” and “expectations”. i merely wish us to be equally treated under the Law. A nation that has special exceptions and classes that are above the Law retroactively, no matter their station, is not long for the support of its Citizens.
Equal under the Law is what I support. I have recently undergone Federal records checks, and have a MTSCP clearance. Allows me to access capital ships and what not in Federal Harbors, so it would interesting what your claims would be, without exposing yourself to all manner of infraction.
October 11th, 2007 at 11:12 am
Congrads, glenn.
Equal Justice…rule of law (Constitution of US) seems fairly straight forward. Break it and suffer the consequenses. Are you listening, GW?
June 20th, 2008 at 12:25 pm
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